Good day everyone, i am a PR holder living in Quebec, so i have my parents here on super visa and my sister who is dependent on them çs she has cerebral palsy condition, they gave her a visitor visa for only six month, so I want to apply for an humanitarian claim for all of them so they can stay here, it will be un human of me to send them back where there is no decent life and they need my care now they are old and my sister need care they can't offer it anymore for her and the home country don't even have Tylenol or any kind of medicine or electricity anymore and other stuff how do I began with that? Can someone recommend me the steps i need to follow ? How to find a good lawyer? All i can find on the ircc website is about refugee and resettlement for the refugee like Syria Haiti .. but this is not our case like, plz help me out with information. Thank you
Humanitarian claim from inside canada
- Thread starter hibakrey
- Start date
Details on how to submit an H&C application are in the link below. It would probably be a good idea for you to work with a good immigration lawyer to put together a strong application.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5291-humanitarian-compassionate-considerations.html
Campbell Cohen who run this site are Montreal based. They specialize in immigration law.
Would post on the H&C thread. You will need much stronger proof and arguments. Your sister is not your dependent so you have no legal responsibility to care for her and all the care could be left for the province which will be one of the concerns. Is she in a wheelchair? Can she work? Live independently? Are you able to or are your parents able to financially provide for your parents and sister without asking for government assistance? IF she needs full-time care are you able to quit your job? Will her medical needs including equipment cost over 100K/5 years. She may qualify for disability which can be added to the cost. How have you been able to pay for her medical needs while visiting? Assume you had to provide significant proof that she would return home to secure a TRV but those arguments could be used as proof that she has the services to return. These are some of the things that will be considered.
Hello, thank you for ur input, no she is not my dependent but my parents, and my parents are also here so the claim would be in their names i think, yes she is on wheelchair but no medical needs is required really she only takes regular medicines when she get sick like any person she only needs someone's to take care of her like a baby to cook feed her bath her only expenses she needs are diapers basically no she can't work as her mental health is like 2 or 3 years old, i don't work now as i am stay at home mom for now but i am planning to when my kids are older, we can financially support them here, i did a private insurance like the one they ask for super visa, and we have all medical and supporting documents about her situation she will not be a burden medically. The thing is in Lebanon the situation is getting worse each day every day we fear for their life each day they live the trauma of a big explosion will happen again, my parents got hurt during the explosion and they are old to keep taking care for her with no family else there. I feel helpless
Well I guess when you applied for everyone’s visas and you mentioned that they WOULD be returning to Lebanon after their stay, that wasn’t quite accurate, correct?
https://www.canadavisa.com/canada-immigration-discussion-board/threads/visitor-visa-for-a-special-need-person.708405/
No it was accurate, cause our intention was that they will return but if u watch the news u will see that the situation escalated over there, my mom came before and stayed around one year and went back and my brother also, we will always respect the law but no one can blame me for wanting what is best for my family so i don't know what are you implying to.
Hi - you're trying to look after your family so who can find fault in that.
I don't know what law firm you need to engage but you should be able to find a capable counsel easily on the internet. Google is one tool, but searching media sites will find lawyers making commentaries on immigration matters; the bar association has an immigration section; and you can read up on cases from the Federal Court of Canada site: https://decisions.fct-cf.gc.ca/fc-cf/en/d/s/index.do?cont=humanitarian+compassionate&ref=&d1=&d2=&p=&col=54&or=
I hope that link works and you shouldn't feel like you have to explain yourself to anyone here. Canada offers H&C so get competent counsel and hopefully things work out for your family. It's an anxiety inducing process so be conscious of the need to enjoy life while it all unfolds.
Good luck
I don't know what law firm you need to engage but you should be able to find a capable counsel easily on the internet. Google is one tool, but searching media sites will find lawyers making commentaries on immigration matters; the bar association has an immigration section; and you can read up on cases from the Federal Court of Canada site: https://decisions.fct-cf.gc.ca/fc-cf/en/d/s/index.do?cont=humanitarian+compassionate&ref=&d1=&d2=&p=&col=54&or=
I hope that link works and you shouldn't feel like you have to explain yourself to anyone here. Canada offers H&C so get competent counsel and hopefully things work out for your family. It's an anxiety inducing process so be conscious of the need to enjoy life while it all unfolds.
Good luck
Your sister will need to apply independently from your parents I believe if she is above 22 years old. Needing full-time care is a substantial cost that will be considered. If she became a PR she would likely qualify for many services and even longterm care should you be unable or unwilling to care for her at home. Think this is a much more complex situation than you seems to understand but everyone has the right to attempt an H&C application.
That is why I need someone to guide me like a lawyer or a consultant i want to try my chance, yes she is above 22 and she can't apply independently çs she is dependent on my parents and considered as a minor we have all legal supporting documents for that and medical reports about her situation and medical needs which is almost same as any other regular person, and about care for her we will cooperate here all of us with my parents to care for her, the thing is if something happens to one of my parents while they are in Lebanon what will happen to her? I will not be able to go back and live there and my family and kids are here?! It will destroy our life, anyway thank you
The issue will be that you and your parents can apply for a caregiver in Lebanon to help care for your sister if she doesn't need more than daily needs care as you indicated. The argument will be that there is nothing stopping your sister from entering a longterm care facility if your parents can no longer care for her and you have your own family to care for plus you may want/need to return to work. She could also apply for disability payments plus qualify for homecare. If your parents passed away before your sister in Lebanon you would qualify to attempt to sponsor her but in general both you and your parents would have been expected to prepare a care plan in case she survives longer than your parents. It's a very complex issue since her longterm care costs can easily be millions of dollars and the need for support for disabled adults have huge wait lists in Canada. Please keep us posted. Curious to see the outcome.