Compassionate grounds for visitor visa

[nitup]

Hi,
I had a question about visitor visas but first I'd like to recap what's happened in the last some months.
My mother in law was denied a travel document from india in April 2013 because she did not fulfill the residency obligations. We had filed the appeal but after 8 months we had still not received a date. Sadly, though in Oct 2013 my husband was diagnosed with cancer. He has completed treatment and is in recovery now but is still in need of constant care. In hopes of getting my mother in law here quicker, we have withdrawn her appeal, and thought that we should be try to call her here on a super visa or tourist visa. Our lawyer advised us 8 months ago also that our case for appeal was not very strong, so we thought this was a better option.
But now the situation is that neither me or my husband are working during his illness so do not meet the income requirement to qualify for a super visa. Or to even invite her on a visitor visa.
We are assuming that if a family member sends an invite to her, and they realize her son is here, they will advise us to take the super visa route, for which we don't qualify.
I guess what I am asking is do we have any options at all? She really needs to be here for her son during this difficult time. Moreover, it is getting very difficult to take care of my husband alone, we also have small kids. Are there any humanitarian or compassionate grounds for which she can apply? She really needs to be here to take care of her sick son.

Thanks in advance for any info.

 

[scylla]

First of all, have you confirmed that withdrawing the appeal has officially canceled any claims she has on PR status? She won't qualify to apply as a visitor until her PR status has been officially / formally given up or taken away.

There is no compassionate visitor visa available unfortunately. If you do not meet the income requirements of the super visa - then a regular visitor visa is the only option (just because she has family here doesn't mean she has to apply for a super visa). She can certainly still apply for a regular visit visa if neither you nor your husband are working (whether that visa is approved is a different matter). To be approved, she will need to show that she has sufficient funds to pay for her stay in Canada and also prove that she has no plans on remaining in Canada long term. Since she was formerly a PR, I think she should try to provide as much proof as possible that shows strong ties to her home country (e.g. proof of property ownership, proof of business ownership, etc.).

In short, the only clear option right now is a regular visitor visa. No one here can tell you if she will be approved or not. Go ahead and apply and see what happens. Make sure she demonstrates she has sufficient funds to pay for the visit and include proof of strong ties to India.

I hope your husband gets better soon. Good luck.

 

[nitup]

Thanks scylla for your reply.
My lawyers office has received receipt to confirm the withdrawal of the appeal.
Do we have any options if she does not have any assets to show in india?
In addition, if my husband is able to return to work in the next few weeks, and we meet the income cutoff to apply for a super visa, does my mother in law still need to prove some ties to india? Is that required with super visa also or just with the TRV?

 

[nitup]

Any reply please?