Hello everyone. Given the following situation, what would you suggest about the chances of a successful H&C?
1. Family of four- My father and brother (major) live in my home country. I am a Canadian citizen. My mom is on supervisa and currently living in Canada with me. I am in my 30s, unmarried, and have no kids.
2. My parents have been living separately since long, particularly since mom and I moved to Canada. We have been out of touch with my father and brother for more than 1 year. Divorce has not been pursued yet. No contact between me and my brother either.
3. I have only gone back to India once in the last 6 years. My mom has spent 5+ yrs in Canada in the last 6 years. I have been off work for the last 4 years due to medical leave after getting badly injured as a passenger in two car accidents. I work as a unionized employee, so my job is there but it's unpaid leave, ICBC pays a portion of wage loss after tax but there is no T4 issued by ICBC, hence no income filed in NOA. I have wage loss payment credit statements from ICBC. Can get a letter from ICBC if needed.
4. I have ongoing physical health and mental health issues since the car accidents. Have plenty of supporting medical documents about the chronic state of health I am in, with little possibility of ever returning to work of my skill and caliber. I have documents stating that I need her to be with me for both my physical and mental health issues. I attend medical treatments daily.
5. My mom's supervisa and passport are expiring mid-next year. When my mom's visitor visa and supervisa application was submitted to IRCC within the last 5 years, her marital status was marked as "Married" because there was no separation or divorce document available. Supervisa was the last visa application filed with IRCC almost 4 years ago.
6. When I came to Canada on PR around 6 years ago, I too had declared the status of my parents as married. Again because my parents have lived together on and off for a while before I moved to Canada, but never got divorced. So, there was always a chance of reconciliation, until after my accidents because my father and brother were never in favour of us moving to Canada in the first place.
7. My mom is in her 60s and unemployed. She was a high school teacher before coming to Canada. She is emotionally and financially dependent on me. She was injured in the first car accident with me and has some ongoing residual post-injury-related issues since then. Both of us were passengers. She has no relatives or support back home. She does have a property and bank accounts back home. She also has a Canadian bank account. She is involved in the community here a bit.
8. When my mom's supervisa expires next year, I won't be able to apply for supervisa again because I haven't worked at all and will not meet LICO because ICBC doesn't issue a T4. Even for applying visitor visa, all I will have would be my employment letter, and ICBC payment statements. Plus my mom would not have employment documents as she permanently left her job back home after I got injured in the accidents. Showing funds in the bank should not be a problem, however.
I am worried that she may not be approved for a visitor visa considering the current situation. hence, my questions:
1. What is the possibility for me to apply for H&C for my mother considering the above points?
2. Should we still file for her visitor visa before the expiry of her supervisa while planning to apply for H&C on the side?