Hi, i applied for a Visitor Visa for my sister who is bed ridden due to stroke. I narrated the entire story in my application and identified that in my home country there are no specialized rehab facilities available and that i will bear all financial cost. Her application was declined citing "lack of evidence that they will return in 6mos.". I am a Canadian citizen, my sister is in her mid 50's and single. My mother has been granted a Super Visa but we are in a quandary as i do not have any other sibling or family member who can take care of her. My concern is that i want my sister to regain mobility by accessing rehab/medical facilities designed for that purpose. What options are available to me at this stage to successfully argue my case with immigration? Thanks
Sponsoring my sister requiring medical attention
- Thread starter arshadrk
- Start date
Did you find a hospital willing to accept her and did you include a letter from that hospital indicating they are ready to take her as a patient? If so, did they require any payment up front (e.g. deposit in advance for their services) and did you show evidence of that payment?
How much did you show in saved funds and/or income to cover her health care costs?
How long a trip did you request for your sister?
Does your sister have any ties at all to her home country?
Read through this. This is what you need to provide to have any chance of getting the visa approved.
https://www.canada.ca/en/immigratio...-resident-applications-medical-treatment.html
So she has been accepted into a facility approved by a Canadian physician and have paid for her treatment upfront? She needs medical approval. If not, what rehab/medical facilities are you considering? If this isn’t lined up the do that & apply again. She still needs to show funds, travel history, ties to home country. IRCC is concerned she will not leave Canada since her family will be in Canada.
Thank you. She requires rehab and not admission to a hospital. In Canada Yes she will require admission to a stroke treatment facility where rehab can be done. I could find plenty such options in the US but not in Canada so far. She is a dependent which seems an alien concept to Canadians in general. Here if someone is by themselves they become dependents of the state and get welfare. In my country family is not your children only but the siblings too and if they are dependent then they are dependent on the family not the state. I am a citizen of over 15 years here, don't i have any rights to care for my family when i am not asking for public money? I have not sponsored anyone except my wife and now mother. There must be a way to overturn their decision. My mother and she never came to live in Canada in these 20 plus years since i first entered here, isnt that proof enough that they are not interested in living here. Could there be any out of the box solutions for my conundrum? What if i approach the justice system with a plea on humanitarian grounds?
Unfortunately there really isn't a humanitarian option. There is an H&C application process for PR but that is only open to those who are already physically in Canada. Not possible to do this with your sister being outside of Canada.
You can try appealing the TRV decision through a lawyer to overturn the decision. I think this will be challenging with low chances of success without having the evidence / paperwork mentioned in the link I provided (i.e. referral from a doctor, rehab instuation in Canada willing to accept her, etc.). But again, you can certainly try to appeal the decision if you want to.
I think your best option is to reapply once you are able to get all of this evidence expected by IRCC (including finding an institution to accept her).
Unfortunately bringing your sister here is not a right and she is not classified as a dependent for Canadian immigration purposes.
Honestly Canada is the not the place to come for private rehab. The Canadian health system is public and with the system collapsing and waiting lists so long for treatment, I don’t think you will find a doctor or facility willing to admit her. Can she even get insurance to cover other medical visits? You say you are not asking for public money but do you really understand the costs.
Dependant is not an alien concept to Canadians. It is clearly defined by IRCC as someone over 22 or someone over 22 who requires care (received before the turning 22). You have an absolute right to care for your family. But it doesn’t have to be in Canada. And again Canada doesn’t really have private facilities for rehab. You can look at private long term care facilities where you bring in medical care. That will be at least $5-10k per month just for the bed not the rehab.
Your mother has a supervisa so you have not sponsored her. She is still a visitor. Your sister still needs to show her own funds, ties to home country, travel history and meet the requirements for medical treatment in the link. She has no grounds for H&C because she is not in Canada. Coming to Canada as a visitor is not a right but a privilege for her. IRCC wants to see that she can afford her own care ($100k or more).
I would be looking at US or treatment in other countries for her. I would be looking at health insurance for general care above rehab, and if bedridden, how will she travel. Does she need private transportation.
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