PMM and Other Seniors SOS from BC Guy,Question I cant answer to help somebody

[BCguy]

Hi All
Here is the situation,I have a caregiver who is in the process of filing her PR,When CIC Vegreville stopped her application because her daughter with Cerebral Palsy is inadmissable for Medical reasons,Can she leave her daughter in the care of her sister who owns a hospital in the Philippines by signing a waiver that she is NOT bringing her daughter along,So that her family can go to Canada or if you think this is not feasible,I was thinking of putting this out into media having done this before with my contacts at CBC news,Vancouver Sun,Globe and Mail etc??Any suggestions

[Leon]

If she signs a waiver saying that she can never sponsor her, I assume they would let her in.

[BCguy]

If she signs a waiver saying that she can never sponsor her, I assume they would let her in.

Thanks Leon Any other ideas from the others???

[PMM]

Hi

If she signs a waiver saying that she can never sponsor her, I assume they would let her in.

Thanks Leon Any other ideas from the others???

Nope, CHC will not accept that, the child is inadmissible and therefor the parent is admissible.  No such waiver exists. 

PMM

[eduardoF]

BCGuy,

Isn't it the case that if she simply does not include her child in the application, she is unable to sponsor that child in the future? Or is that no longer an option?

[PMM]

Hi

BCGuy,

Isn't it the case that if she simply does not include her child in the application, she is unable to sponsor that child in the future? Or is that no longer an option?

Thats called misrepresentation and could result in her removal from Canada.

PMM

[migwelder]

What you don't have a chance to have PR when you have a child or siblings that has a madical condition like that? I think it's not fair, you should brought this story to media BCguy. People are just trying to have a better life in Canada.

[PMM]

Hi

What you don't have a chance to have PR when you have a child or siblings that has a madical condition like that? I think it's not fair, you should brought this story to media BCguy. People are just trying to have a better life in Canada.

You may not think it is fair, but is the Immigration law, "excessive medical demand.  "

PMM

[Leon]

There was a high publicity case in Australia where a medical doctor was refused permanent residency because of his down's syndrome son but it's also like this here and was also when I was applying for my immigration in 2000.  I remember they had an example of a family with a developmentally disabled child and they said even if the parents had a fund set up to take care of the child's needs, they would be denied because something might happen to the fund.

[BCguy]

how about the sister legally adopting the child so that the sick child is legally no longer her child,Would that work???

[Leon]

How about they hire one of these awesome immigration lawyers you were talking about a couple of months ago.  There must be a loophole.

[eduardoF]

here:

"All family members, accompanying or not, are required to be examined unless an officer decides otherwise. Normally, any inadmissible family member would render the principal applicant inadmissible as well [A42; R23]. There are, however, two exceptions to this rule described in R23. The first is the separated spouse of the applicant. The second is a child of the applicant who is in the legal custody of someone other than the applicant or an accompanying family member, or where someone other than the applicant or an accompanying family member is empowered to act on behalf of that child, by virtue of a court order or written agreement or by operation of law. If an applicant's separated spouse or their children who are in the custody of someone else are
inadmissible, their inadmissibility would not render the applicant inadmissible."

This is from the skilled worker's manual, but I assume it would apply for temporary visas as well.

So if the woman's sister adopts the child, the woman would be elegible. Another option is that a court could declare the biological mother incapable of taking care of the child, and give custody to the woman's sister. Indeed, notice that it is only necessary that "someone other than the applicant or an accompanying family member is empowered to act on behalf of that child" for the applicant to be admissible...n

now you need to find out if the same applies for temporary visas. i would guess so.

[BCguy]

Thank you

[bonaddictus]

 i really want to extend my thanks to you guys for brain storming on our case. i really appreciate it. it seems there still loophole on our case. its really sort of depressing. Haven't heard from my mom yet since she wrote a letter to VO stating that she is not including my brother in sponsorship. im not sure if that's a good intervention though.

[BCguy]

No,your Aunt must legally ADOPT your brother so your brother is LEGALLY NOT your brother,Thats not good enough.Sorry