Moving mother permanently to Canada - H&C?

[Liara]

Now that I'm almost a PR, I'm at the early stages of collecting info on how to move my mom to Canada.
So, I have a few questions on how to do it, I apologize in advance if they're dumb:
1. Concerning SuperVisa:
Is there a cutoff income to bring one aged lady?

2. Concerning Family Sponsorship:
2.1. Is the sum outlined ($38k p.a.) before or after taxes?
2.2. What if I take loans (student's/car/house), will the payments be subtracted from my income when my income for the program is calculated?
2.3. Will I have to fulfill the income requirements each year AFTER I submit the application, or do only these three consecutive years immediately before the application matter?
2.4. When and if she gets sponsorship, will she be entitled to medical care, subsidized lodgings and other social benefits, like a permanent resident that she will be?

3. Concerning Humanitarian and Compassionate grounds:
3.1. Is there a chance to succeed in the H&C way? The situation is, she is 63 and has no living relatives except me, she is in tolerable shape, but has a few issues (diabetes, high blood pressure). Nothing major or out of the ordinary for someone her age, but potentially lethal if treated inadequately. Which is probably going to happen with the recent economic downturn in my native country, reducing even further the already very low living standard of retired people.
3.2. If it IS possible, is it better to sell all property in our home country and settle her in Canada in her own home on supervisa?
3.3. If I try and fail to get her a PR on H&C grounds, will this refusal somehow jeopardize her supervisa and family sponsorship applications? Will the claim for H&C (the prerequisite being no ties at home, bountiful ties in Canada) contradict the requirement for supervisa (which is, the more bonds to the country of origin, the better)?

I'll be very grateful for any contribution.

 

[Liara]

Pretty please..?
Any contribution at all is more than welcome.

 

[scylla]

1. Yes - the super visa has income requirements. The income must be from Canadian sources.

2.1/2.2 Before taxes - it's line 150 on your notice of assessment.
2.3 Yes - you have to continue to meet the income requirement until her application is approved.
2.4 No. She will be entitled to health care and certain other benefits. However if she takes social assistance (welfare) within 20 years of arriving in Canada, you will have to pay this money back to the government since by sponsoring her you agreed to support her for 20 years. I'm not sure if she will have access to subsidized lodging - however the wait time for that is 10+ years in many areas anyway.

3.1 Hard to say - might succeed or it might not.
3.2 Bad idea. To be approved for a super visa she needs to demonstrate she has strong ties to her home country. Also, the super visa doesn't allow her to move to Canada - only visit.
3.3 It will jeopardize a super visa application. To be approved, she needs to prove she has strong ties to her home country and has no plans on remaining in Canada long term. The H&C application proves the opposite.

 

[Liara]

1. Yes - the super visa has income requirements. The income must be from Canadian sources.

2.1/2.2 Before taxes - it's line 150 on your notice of assessment.
2.3 Yes - you have to continue to meet the income requirement until her application is approved.
2.4 No. She will be entitled to health care and certain other benefits. However if she takes social assistance (welfare) within 20 years of arriving in Canada, you will have to pay this money back to the government since by sponsoring her you agreed to support her for 20 years. I'm not sure if she will have access to subsidized lodging - however the wait time for that is 10+ years in many areas anyway.

3.1 Hard to say - might succeed or it might not.
3.2 Bad idea. To be approved for a super visa she needs to demonstrate she has strong ties to her home country. Also, the super visa doesn't allow her to move to Canada - only visit.
3.3 It will jeopardize a super visa application. To be approved, she needs to prove she has strong ties to her home country and has no plans on remaining in Canada long term. The H&C application proves the opposite.

Thank you ever so much scylla!

Do you think hiring a lawyer will help our H&C case?

 

[Rob_TO]

Thank you ever so much scylla!

Do you think hiring a lawyer will help our H&C case?

Note that in order to file a H&C PR app for your mom, she must be physically residing in Canada at the time. So if you can't get her here on regular TRV (or using visa-exempt passport) or supervisa to begin with, you can't even submit a H&C app.

There have been other posters on this site who have reported successfully sponsoring 1 parent under a H&C app, when the other spouse has passed away and there is no more family in their home country. So I think your app would have a chance. I would recommend to hire a lawyer who has specific experience in H&C cases.

 

[Padappai]

I am also in a similar situation. My father is with me visiting and it has become evident that he can't do much on his own back in his country. I am the only living relative he has and I would like to apply for PR. Reading your thread, I am thinking of H & C as well. Is there any lawyers who are reliable in these type of situations that anyone can suggest, who lives in and around Toronto? I much appreciate your help.

 

[Liara]

Note that in order to file a H&C PR app for your mom, she must be physically residing in Canada at the time. So if you can't get her here on regular TRV (or using visa-exempt passport) or supervisa to begin with, you can't even submit a H&C app.

There have been other posters on this site who have reported successfully sponsoring 1 parent under a H&C app, when the other spouse has passed away and there is no more family in their home country. So I think your app would have a chance. I would recommend to hire a lawyer who has specific experience in H&C cases.

Thank you, this is very inspiring indeed!

 

[Liara]

I am also in a similar situation. My father is with me visiting and it has become evident that he can't do much on his own back in his country. I am the only living relative he has and I would like to apply for PR. Reading your thread, I am thinking of H & C as well. Is there any lawyers who are reliable in these type of situations that anyone can suggest, who lives in and around Toronto? I much appreciate your help.

I don't know yet, unfortunately. I will start looking immediately after I've landed.
Is your father in good health? Do you know if the parent' physical condition matters to the officer who will be looking into the case?