How do I apply for my mom when I am alone with a 2 year old baby?

[claudiaboh]

I sent the proper paperwork in January 2014, for a parent sponsorship but it it got returned because the 5000 spots were filled up. How can I accelerate the process to get my mother here, do I fill out a new application under the "alone in Canada" or is it safer to wait next year for a parent visa? what if next year the applications also get sent back again.

i had never heard before about this visa and I would like the the forum to help me with suggestions.

I am desperately needing her to stay with me in Canada, I am currently divorced and I have a 2 year old baby that is very active. I have sole custody for the baby and no help from father. I have a very active job where I have many times to work evenings and weekends. My job results are already going down and I don't want to get fired.

My mom is currently with me with a visitor's visa, she is a USA citizen, but I would like her to have all her legal papers to stay with me.

My father passed away 6 months ago, and my siblings are over 50 years old. They live in Florida. I have a good job so the income meets the qualifiers to sponsor her.

I need help on how I should do this, I hired an immigration consultant and it was because of her advise to wait that my paperwork didn't go through on time, I respect her a lot but I prefer not to ask her this question. She is a good friend and I don't want to loose the friendship.

If I can apply on my own, your answer will be appreciated.

 

[Rob_TO]

Why would she have told you to wait? Everyone knew the 5000 spots would fill up very quickly in January. Anyways your only chance now is to wait until January 2015. But again only 5000 spots will most likely be open, and they will probably fill up even quicker than the last time. You are not "alone in Canada" since you have a child.

Do you meet the LICO amount for parents sponsorship based on your own income, for tax years 2011, 2012 and 2013? This is of course mandatory for you to be able to apply in January. Based on family size of 3 (you, baby and mom) this is approximately $45K per year income.

In terms of time, parents sponsorship will take probably around 4-5 years to fully process. In the meantime your mom can continue to stay here with visitors status, or you should look into applying for a supervisa ( http://www.cic.gc.ca/english/visit/supervisa.asp ) for her which will make it a lot easier for her to stay long periods at a time, and they only take a couple months to process. Of course she would then require travel medical insurance for 1 full year, which could be expensive.

 

[cicconfused]

You could send in an application for permanent residence under humanitarian and compassionate grounds. It's not just for those in the refugee stream. It's open to anyone to apply. You have to prove its a hardship to require your mom to return to the USA. They will look at such things as your circumstances and will especially look at the best interest of your child.

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

 

[canuck_in_uk]

You could send in an application for permanent residence under humanitarian and compassionate grounds. It's not just for those in the refugee stream. It's open to anyone to apply. You have to prove its a hardship to require your mom to return to the USA. They will look at such things as your circumstances and will especially look at the best interest of your child.

http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

Being a working single parent and wanting your American mom to live with you isn't grounds for H&C.

 

[steerpike]

Just go the supervisa route. And get a new immigration lawyer.

 

[scylla]

How can I accelerate the process to get my mother here, do I fill out a new application under the "alone in Canada" or is it safer to wait next year for a parent visa?

There's no "alone in Canada" option for you to apply for your mother. You'll have to wait until next year and ensure you send your application immediately when the cap opens. The super visa would be a short term option to allow her to visit as others have suggested.

The "alone in Canada" option is for sponsoring people who you would otherwise not qualify to sponsor (e.g. a sibling). However you wouldn't qualify as an "alone in Canada" sponsor anyway since you have a child and aren't alone.

 

[taffy7]

There's no "alone in Canada" option for you to apply for your mother. You'll have to wait until next year and ensure you send your application immediately when the cap opens. The super visa would be a short term option to allow her to visit as others have suggested.

The "alone in Canada" option is for sponsoring people who you would otherwise not qualify to sponsor (e.g. a sibling). However you wouldn't qualify as an "alone in Canada" sponsor anyway since you have a child and aren't alone.

scylla could she come in through the caregiver program like a nannie just a thought.I don't know anything about it thats why i'm asking.

 

[scylla]

scylla could she come in through the caregiver program like a nannie just a thought.I don't know anything about it thats why i'm asking.

There are several criteria that would have to be met for this to be possible (i.e. live in caregiver program). The mother would need to have either one year of full time and paid work experience in a related job in the last 3 years - or six months of full time studies in a related field. The daughter would also have to meet the employer income requirements. If the OP's siblings are over 50 years old then this likely puts her mother in her 70's - so unlikely she meets either the experience or education criteria to apply as an LCP.

Short answer: Based on the information provided, very unlikely.

 

[taffy7]

There are several criteria that would have to be met for this to be possible (i.e. live in caregiver program). The mother would need to have either one year of full time and paid work experience in a related job in the last 3 years - or six months of full time studies in a related field. The daughter would also have to meet the employer income requirements. If the OP's siblings are over 50 years old then this likely puts her mother in her 70's - so unlikely she meets either the experience or education criteria to apply as an LCP.

Short answer: Based on the information provided, very unlikely.

Thank you for replying

 

[claudiaboh]

THANK YOU EVERYONE FOR YOUR ANSWERS. They have been very helpful. wouldn't the supervisa stop my chances of getting the other visa?

 

[Rob_TO]

THANK YOU EVERYONE FOR YOUR ANSWERS. They have been very helpful. wouldn't the supervisa stop my chances of getting the other visa?

No. Getting 1 visa does not interfere in applying for others.

 

[cicconfused]

Being a working single parent and wanting your American mom to live with you isn't grounds for H&C.

Sorry, you are incorrect. A single parent, involves a child, and the mom has little support in Canada. CIC considers the best interests of the child (BIOC) directly affected when evaluting an H&C. It could be found that it is in the best intersts of this child for his/her grandmother to be in Canada. They also look at establishment. There is the lack of establishment for the grandmother in the US. Possible establishment here in Canada, especially a daughter, who is "desperate," has an active job, sole care of an active 2 year old.

Of course, there are no guarentees of a positive decision and other avenues are a better choice. But it is an option open to anyone inside of Canada to apply for. And this person has grounds that are written right into the legislation.

If i were her, I would just keep applying for an extension to the visitor permit. And then apply again for family class in January.

 

[canuck_in_uk]

Sorry, you are incorrect. A single parent, involves a child, and the mom has little support in Canada. CIC considers the best interests of the child (BIOC) directly affected when evaluting an H&C. It could be found that it is in the best intersts of this child for his/her grandmother to be in Canada. They also look at establishment. There is the lack of establishment for the grandmother in the US. Possible establishment here in Canada, especially a daughter, who is "desperate," has an active job, sole care of an active 2 year old.

CIC specifically states: H&C grounds apply to people with exceptional cases. This is not an exceptional case; it is a fairly standard situation for many, if not most, other single parents in Canada. Every working single parent I know struggles to find a good balance their job and their kids.

The grandmother would be the applicant, so it is her situation that would be examined for H&C grounds:

Exceptional Case: No

Home country: American

Establishment in Canada: only been visiting here a few months. Life, home and other children and probably grandchildren in the US

Dangerous to live in USA: No

Undue hardship to return to USA: No


Best interests of the child would only be one factor in the decision, and not the main one, as CIC specifically states that best interests of the child don't outweigh all other factors.

 

[cicconfused]

CIC specifically states: H&C grounds apply to people with exceptional cases. This is not an exceptional case; it is a fairly standard situation for many, if not most, other single parents in Canada. Every working single parent I know struggles to find a good balance their job and their kids.

The grandmother would be the applicant, so it is her situation that would be examined for H&C grounds:

Exceptional Case: No

Home country: American

Establishment in Canada: only been visiting here a few months. Life, home and other children and probably grandchildren in the US

Dangerous to live in USA: No

Undue hardship to return to USA: No


Best interests of the child would only be one factor in the decision, and not the main one, as CIC specifically states that best interests of the child don't outweigh all other factors.

Our disagreement is the perfect highlight for how discretionary the H&C decision is. What is not exceptional to you, might be exceptional in my opinion. Your opinion of "undue hardship" is likely going to be different than mine. The full criteria is 'unusual and undeserved or disproportionate' hardship.

Read through IP5. There are more factors than what you listed.

Bioc? IP5 says, "factors affecting children should be given substantial weight." Yes, it is not the only factor, but a highly important one. IP5 makes clear that a "global assessment" is done - one that takes into consideration several factors, some of which may add up to a 'hardship.'

Another factor that is considered is the "consequences of the separation of relatives." I think that would be given a lot of weight in this situation. If their relationship is interdependent, this would be considered. Add in some 'best interest of the child' and there could be enough.

As a single mom myself, if I didn't have my mom for help, if I were all alone, I would be drowning. What makes something unusual and undeserving? She is all alone in Canada. How did that happen? We don't know enough about the OPs situation to make a determination.

There is a possible case here for the OP's mother. A possibility that an officer, using his/her discretion, would find her case to be deserving. Would think it is exceptional.

Your saying "Exceptional: No" is jumping to a conclusion without sufficient information.

claudiaboh - ask your consultant friend. She must know all the details of your situation. Perhaps there are not enough factors to bother applying, but maybe there is. It is one of several possibilities open to you.

 

[scylla]

claudiaboh - ask your consultant friend. She must know all the details of your situation. Perhaps there are not enough factors to bother applying, but maybe there is. It is one of several possibilities open to you.

I wouldn't use the consultant friend for this. The consultant friend messed up her parent sponsorship application and doesn't sound like she knows what she is doing. For something like H&C, you need an expert. Just my opinion...