Is HIV a good reason to apply under humanitarian and compassionate Grounds

[Youngsonboy]

Hey guys, I’m just having mixed feelings right now after my mother told me she has been battling living with HIV for about 8years now. I am currently on a PGWP and I was able to get a visitor visa which she is coming by the end of this month October, and I’ve been researching ways to allow her stay and it has been so complicated but I seen that the humanitarian and compassionate ground may be the way .
so the healthcare system in my home country is very bad ,we’re from Nigeria and the supply of medication is not very very reliable.
1.Do you guys think this is a strong reason for this application?
2. If we apply, does she have the implied status thing where we just have to wait till we get a response before she leaves or we just have to keep extending her visitor visa or get a study permit? I just want her to be around, the conditions around her living with HIV is not making me happy and she isn’t happy as well.
please help

 

[scylla]

Hey guys, I’m just having mixed feelings right now after my mother told me she has been battling living with HIV for about 8years now. I am currently on a PGWP and I was able to get a visitor visa which she is coming by the end of this month October, and I’ve been researching ways to allow her stay and it has been so complicated but I seen that the humanitarian and compassionate ground may be the way .
so the healthcare system in my home country is very bad ,we’re from Nigeria and the supply of medication is not very very reliable.
1.Do you guys think this is a strong reason for this application?
2. If we apply, does she have the implied status thing where we just have to wait till we get a response before she leaves or we just have to keep extending her visitor visa or get a study permit? I just want her to be around, the conditions around her living with HIV is not making me happy and she isn’t happy as well.
please help

1. In my opinion this is not strong grounds for an H&C application. Chance of approval will be low.
2. No, she will not have implied status. She needs to remain in Canada while the application is processed (likely around 2 years to a decision). She won't be able to extend her status or apply for a different permit like a study permit once she applies for H&C. She will eventually fall out of status and will then need to remain in Canada without status while she waits for the results of the application. Note that if the H&C application is refused and she has to leave Canada, you should assume it will be quite challenging for her to return in the future on any sort of temporary visa.

 

[Youngsonboy]

Please help somebody

 

[scylla]

Hey guys, I’m just having mixed feelings right now after my mother told me she has been battling living with HIV for about 8years now. I am currently on a PGWP and I was able to get a visitor visa which she is coming by the end of this month October, and I’ve been researching ways to allow her stay and it has been so complicated but I seen that the humanitarian and compassionate ground may be the way .
so the healthcare system in my home country is very bad ,we’re from Nigeria and the supply of medication is not very very reliable.
1.Do you guys think this is a strong reason for this application?
2. If we apply, does she have the implied status thing where we just have to wait till we get a response before she leaves or we just have to keep extending her visitor visa or get a study permit? I just want her to be around, the conditions around her living with HIV is not making me happy and she isn’t happy as well.
please help

Something to also keep in mind is that she won't qualify for any sort of health care coverage unless she is actually approved under H&C. So make sure you have the funds to pay for the costs of her treatment in Canada yourself.

 

[Naturgrl]

Agree with @scylla.
1. Chances are low. Have you read the requirements for applying for H&C? What requirement does she meet? Supply of medication is really not a reason. She can pay for medication. If refused, then she will have to leave Canada and chances for another permit are slim to nil.
2. If she applies, she really has no status. She cannot work, study or access any services (healthcare). So she will need to pay for all her own healthcare - appointments, medication. She may not even be able to see a doctor while in Canada unless someone takes her on as a patient and she pays out of pocket. Processing is about 2 years so she cannot leave.