Refugee Claim for my Mom

[Pheonix84]

Hello,... Here is my story, appreciate your advice...

My Mom is 55 years old. She currently lives in Dubai and will be retiring soon. She is an Indian Citizen and as per the laws of Dubai, when she resigns her job, she will be required to go back to India.

The problem is, my father lives in India, and he is extremely abusive towards her. He has always physically, emotionally and mentally abused her for their full married life. My brothers and I have managed to keep them apart for the past 10-12 years to keep my mother safe, as we know that her life is in danger around him. My father has, on several occasions & repeatedly over the past 10 years, threatened her life if she ever went back to live with him. (we have proof).

I moved to Canada 7 years ago, and I am a Canadian Citizen now. One of my brothers is also a PR holder in Canada and my other brother still lives in Dubai. (HE cannot sponsor my mother in Dubai as he doesn't meet income requirements).

My mother has a SuperVisa status in Canada. I have considered applying for her PR under the parent PR program. However, after doing research I realized that as long as she is married to my father, he will automatically get the PR as well. This would not help as then he will surely come to Canada and put us all in Danger (I promise, I'm not exaggerating).
My brothers and I have repeatedly pushed her to file for divorce, but my mother is very old school and afraid. The Stigma and Fear of Divorce have made her resolutely refuse to take this step. Also, she is convinced that if she files for Divorce, it will anger my father to a point that he could do something very drastic to her or her family in India.

My last option now, to get her to Canada safely and keep my abusive father away from her, is if She claims refugee status here.
I had met another woman who was in the same situation from Iran, whose husband threatened her life and she came to Canada to live with Family, where she claimed refugee status here. Divorce was not an option for her as well. She has now applied for PR and she is happy and safe away from her husband.

I wanted to know if anyone else has claimed refugee status for the same/similar reason?
What was your experience with the claim?
Is this something I can pursue to get my mother here and keep her safe?
Can I go about this myself, or do I need an immigration lawyer involved?


Thank you once again for your time and guidance on this.

 

[scylla]

Hello,... Here is my story, appreciate your advice...

My Mom is 55 years old. She currently lives in Dubai and will be retiring soon. She is an Indian Citizen and as per the laws of Dubai, when she resigns her job, she will be required to go back to India.

The problem is, my father lives in India, and he is extremely abusive towards her. He has always physically, emotionally and mentally abused her for their full married life. My brothers and I have managed to keep them apart for the past 10-12 years to keep my mother safe, as we know that her life is in danger around him. My father has, on several occasions & repeatedly over the past 10 years, threatened her life if she ever went back to live with him. (we have proof).

I moved to Canada 7 years ago, and I am a Canadian Citizen now. One of my brothers is also a PR holder in Canada and my other brother still lives in Dubai. (HE cannot sponsor my mother in Dubai as he doesn't meet income requirements).

My mother has a SuperVisa status in Canada. I have considered applying for her PR under the parent PR program. However, after doing research I realized that as long as she is married to my father, he will automatically get the PR as well. This would not help as then he will surely come to Canada and put us all in Danger (I promise, I'm not exaggerating).
My brothers and I have repeatedly pushed her to file for divorce, but my mother is very old school and afraid. The Stigma and Fear of Divorce have made her resolutely refuse to take this step. Also, she is convinced that if she files for Divorce, it will anger my father to a point that he could do something very drastic to her or her family in India.

My last option now, to get her to Canada safely and keep my abusive father away from her, is if She claims refugee status here.
I had met another woman who was in the same situation from Iran, whose husband threatened her life and she came to Canada to live with Family, where she claimed refugee status here. Divorce was not an option for her as well. She has now applied for PR and she is happy and safe away from her husband.

I wanted to know if anyone else has claimed refugee status for the same/similar reason?
What was your experience with the claim?
Is this something I can pursue to get my mother here and keep her safe?
Can I go about this myself, or do I need an immigration lawyer involved?


Thank you once again for your time and guidance on this.

Your best bet would be to sponsor your mother through the family application stream (i.e. parent / grandparent sponsorship). There are ways you can make this happen for only your mother.

What you have described is generally not grounds for a successful refugee claim although some are successful. It will be more challenging to make the case given it sounds like your parents haven't really lived together for a decade. Also, IRCC may say that reasonably your mother can return and live in another part of India away from your father. If your mom claims refugee status in Canada and is not successful in her claim, she will be required to leave Canada and future travel to Canada as a visitor will no longer be possible. So that's the real risk you run by going down the refugee path.

Again, family sponsorship would be best. You can exclude your father from the application if your mother has filed for divorce at the time the application is being processed (the divorce doesn't have to be finalized). If they haven't lived together for a decade, then she may already be able to demonstrate that they are effectively separated and no longer a couple to exclude him from the PR application.

 

[scylla]

Just to add to my comment above. I would do some reading through of federal appeal court cases to see what you will be up against. Here's an example. This appeal was denied.

https://www.canlii.org/en/ca/irb/doc/2019/2019canlii120738/2019canlii120738.html?searchUrlHash=AAAAAQAacmVmdWdlZSBhYnVzZSBzcG91c2UgaW5kaWEAAAAAAQ&resultIndex=1

 

[canuck78]

Your mother has been able to live without abuse for 10 years. The argument will be made that she can easily live somewhere in India away from your father. If she has not even tried to return to India she will be told she did not try to move within her home country to seek safety which is a common reason asylum seekers are refused. Your mother is able bodied if she is still working and is relatively young. She is able to care for herself without help. You are trying to use an asylum claim because PGP is difficult to receive. Claiming asylum would be a huge risk. Sure someone else will say apply for H&C. Given that she has been able to live and work independently for 10 years it would be very hard to prove H&C as well. Included an example that single parents are not guaranteed H&C either.


https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do

 

[Canadienne_91]

Scylla can best inform you on the refugee side of things, but in order for the H and C application to be successful, you need to consider the following:

1. Is 55 the normal retirement age in the country your mother resides in?
2. History of abuse. How did the abuse affect you? Why do you need your mother here?
3. What have you done in Canada ever since you immigrated here?
4. Have you visited your country of origin, i.e. India, in the past 7 years?
5. Do you have any siblings currently residing in India?
6. Why can't your mother live with your sibling in Dubai?
7. Does your mother have any siblings residing in India?
8. Why can't she live with her siblings in India?
9. Do you have any kind of police report against your father highlighting the abuse? Any hospital records?
10.

You need to have proper documentation and proof to highlight all of this and if the abuse is genuine and not far fetched, then the information you need should go back many years if not decades and you need to prove again by relying on the documentation how the troubles your father created affected you.

Every case is assessed on its own merit, the precedent case @canuck78 cited has no bearing on your supposed situation whatsoever.

H and C claims are accessed on the basis of:
[a] the person's establishment
in most cases, the beneficiary has lived in Canada for at least a few years
[c] has worked in Canada or studied in Canada

 

[Pheonix84]

Thank you everyone for all the valuable information!! I really appreciate all the guidance on this matter. I agree with all your recommendations, after reading the examples provided as well. Refugee is not the right option to explore for her.

 

[scylla]

Thank you everyone for all the valuable information!! I really appreciate all the guidance on this matter. I agree with all your recommendations, after reading the examples provided as well. Refugee is not the right option to explore for her.

Good luck!

 

[Canadienne_91]

Thank you everyone for all the valuable information!! I really appreciate all the guidance on this matter. I agree with all your recommendations, after reading the examples provided as well. Refugee is not the right option to explore for her.

H and C may not be the best approach either considering the information you provided. Your mom has lived in Dubai where your brother resides as well. If immigration were to poke holes, then they can bring up all of that and can say your mom can come here to visit you for an extended period of time and go back n forth.

Your best bet is to apply for PGP sponsorship when the application stream opens. You can also include H and C elements into your PGP application and it may or may not make up for certain income shortfalls. This information is readily available on Government of Canada's website.

H&C would have been possible if she had lived here for a few years, and if most of your family members were Canadian citizens, if she had put down roots here either with or without immigration papers.

 

[canuck78]

H and C may not be the best approach either considering the information you provided. Your mom has lived in Dubai where your brother resides as well. If immigration were to poke holes, then they can bring up all of that and can say your mom can come here to visit you for an extended period of time and go back n forth.

Your best bet is to apply for PGP sponsorship when the application stream opens. You can also include H and C elements into your PGP application and it may or may not make up for certain income shortfalls. This information is readily available on Government of Canada's website.

H&C would have been possible if she had lived here for a few years, and if most of your family members were Canadian citizens, if she had put down roots here either with or without immigration papers.

H&C may would have been possible if she had lived here for a few years, and if most of your family members were Canadian citizens, if she had put down roots here either with or without immigration papers.

The example I attached show that even if a parent is widowed and has spent a significant amount of time in Canada H&C can be denied.

 

[Canadienne_91]

H&C may would have been possible if she had lived here for a few years, and if most of your family members were Canadian citizens, if she had put down roots here either with or without immigration papers.

The example I attached show that even if a parent is widowed and has spent a significant amount of time in Canada H&C can be denied.

The example you attached is of one singular instance, I have seen many cases where even both foreign national parents let alone one have been approved.
Also, lone adult parents have also been approved for permanent admission into Canada under the H and C class of immigration.

if someone’s saying - I want my parents here without properly highlighting the compelling reasons then of course the application is going to be refused. There have been many many cases where H and C applications for parents have been approved.
You seem to be bringing up just one case over and over again and inserting it in many many threads.
Relevancy matters so using a lone case as a precedent material isn’t exactly the way things work. Other than a parent which someone’s trying to keep in Canada they may not have anything in common. So citing one case is extremely unhelpful and deceiving for immigrants who are new here and probably don’t have Canadian education.

 

[canuck78]

The example you attached is of one singular instance, I have seen many cases where even both foreign national parents let alone one have been approved.
Also, lone adult parents have also been approved for permanent admission into Canada under the H and C class of immigration.

if someone’s saying - I want my parents here without properly highlighting the compelling reasons then of course the application is going to be refused. There have been many many cases where H and C applications for parents have been approved.
You seem to be bringing up just one case over and over again and inserting it in many many threads.
Relevancy matters so using a lone case as a precedent material isn’t exactly the way things work. Other than a parent which someone’s trying to keep in Canada they may not have anything in common. So citing one case is extremely unhelpful and deceiving for immigrants who are new here and probably don’t have Canadian education.

You saying there is a good chance of approval is also unhelpful. I said that special circumstances may (not would) give them a better chance at success. We see many people being told apply for parents under H&C when they don’t get selected for PGP or don’t qualify PGP. Parents will be approved based on the fact that grandchildren will be negatively affected. If a parent is widowed then H&C ir you are an only child then H&C is almost 100% guaranteed. Canada would never deny parent(s) of a single child . These are all inaccurate H&C is never guaranteed and is always a risk. Although some are approved many are not approved. It is far from a guarantee. The supervisa was created to allow children to spend longer time periods with their children and grandchildren. There is huge risk with H&C. If denied visiting will become much more difficult if not impossible. People think it is a no risk situation. Parents also may get stuck overstaying if they are not given an extension on the visitor status yet have not received a H&C and don’t want to wait out their H&C in their home country. I post the same example because these are the typical cases we see. Canada has an ageing population that they can’t deal with. Parent immigration is not guaranteed when people immigrate to Canada and people must be considering this when moving to Canada. People need to be aware when immigrating that parent immigration is not guaranteed so people need to be thinking of a plan B.