You have a point. If nothing else I can do , I'll just leave. I'm just hopeful and have faith my sister will get well. Miracles happen everyday,since she keeps telling me as long as I'm around she believes she will get well and continue living. We just don't want to give up her chance of living longer that easily
Only you can decide this. There's always a chance you could be granted H&C status, but as everyone has already said, the chances for H&C have been historically low. If you were to adopt the children, your chance for H&C might be better; but that would mean taking guardianship away from their father in court, so that would be another expense and more time and stress for your family. You need to talk with your brother-in-law and get him to tell you exactly what his plans are for the children if your H&C claim is denied and you leave, and your sister passes away.
Sorry, but I don't believe you qualify for another visitor visa based on the rules below:
Where does it say in the above case that the aunt and uncle were given PR based upon a H/C submission ? This sounds like it was just a custody situation
Exactly. Do disagree that the healthcare system is there to support a patient. Without relatives caring for you above and beyond the healthcare system the care can be pretty poor. There are only so many resources available so the staff can only do the basics.
Although I think you need to support your sister it does sound like she has been deemed as palliative. Given that there are children involved there has to be some planning in case she does pass away. You really need to involve a social worker. Taking away guardianship from a parent is pretty hard unless he is willing to give it up willingly. This involves courts, lawyers, social workers, etc. The fact that you don’t have PR will complicate things. There is always the option of you returning home with the children so they have a larger support system. They could return to Canada if they want when they are older. You really need to be sitting down with your brother-in-law and your sister if she is able and actually talk about these things. These things don’t happen automatically.
Thought of bringing the kids with me back it crosses my mind but with the virus outbreaks happening in our country I don't think it's a good idea. Her eldest is doing autism therapy here ,which was initially done in our country but it didn't give much progress. Here in Canada he's doing much better and have alot of support for autistic kids. My sister says ,that's the reason why she came back To Canada despite of the abuse of her husband its because of her children ,to get the services they need .
That may be your only option if you can’t get PR. It is not easy to transfer guardianship. There are courts need to be involved. This is why you really need to talk to your brother in law and see what his plans are if you stay and if you don’t stay. There are also finances involved in all of this. Can’t stress enough that this requires planning. You can’t informally take custody of children especially if they young children.
Yes her doctor wrote a letter saying my sister is doing palliative treatment . She have incurable stage 4 cancer on her bones and brain tumor.. But we don't loose hope , Jesus will heal her. She still do things and move around and help with bills . She just needs an immediate family support and she will continue living .
You can continue to hope but the reality is that she has metastatic cancer. She is likely not receiving chemo, radiation or immunotherapy do unfortunately a cure is not likely. You may not want to plan for the future but it is much harder to deal with things later on especially not knowing your status in Canada. There are charities or maybe social workers in the cancer clinics that help with planning for loss.
She already did chemo but didn't work. She's right now just doing palliative treatment ,she's taking pills and Injection to prolong her life. Just don't want to leave when she pass away coz I'm her only immediate family who can take care of things if that day happens. I don't want to be applying again for a visa and get denied to get her remains.
The issue is she is still married so she actually does have family. This is the reason you really need to be doing planning now because you don’t have PR. It is much better for your sister to have talked people about her wishes when it comes to care of her children and her wishes when it comes to burial so that things can be implemented when she passes away. It is unclear what her husband is aware of but regardless of their marriage issues he has rights. In Canada the husband is considered her closest family member versus her sister.
