Did you get the PFL on 18th April?
Your reply was accepting their dates of entry or did you submit any evidence in order to justify
Bill C-12 Ineligibility Thread
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Your reply was accepting their dates of entry or did you submit any evidence in order to justify
Is your claim with family and kids or single?
Your PFL reply was done by your lawyer or yourself?
I’m looking for information or experiences from people who have faced refugee claim ineligibility under Bill C-12, particularly when a family member has a disability.
My 30-year-old sister came to Canada with my father about a year and a half ago to join my mother in Canada. She has had several visitor visa refusals in the past, although she was eventually able to come to Canada. right now my sister has a valid work permit, but she doesn’t work because she has a mild intellectual disability and is financially dependent on our parents. We have documentation showing her dependence, including tax records.
Given the current situation in their home country, we don’t feel it is safe for her to return. A lawyer told us that she may have grounds for a refugee claim due to her disability, but that her claim could be ineligible under Bill C-12. The lawyer also said she might not receive a removal order immediately because of the situation in the home country. I’m trying to understand what could happen in practice and how risky this path might be.
My parents are her main caregivers, and I would take on that responsibility after them. I’m her only sister, and I’m a Canadian citizen with a stable full-time job, a home, and enough money to help support her.
My sister has become much happier since moving to Canada. She attended classes for people with disabilities and really enjoyed them, although she stopped because they were expensive. Similar opportunities are not available in the home country. She also takes medication that we pay for ourselves, without OHIP or other benefits and those medication are not very accessible in the home country and the quality of medication is significantly different. She is much happier and satisfied her. After so many years, she got to experience how the feeling of having a sister is ( she was child was I moved to Canada).
Has anyone been in a similar situation? What challenges did you face after your refugee claim was found ineligible? Are there other options we should explore, and could making a claim affect her future immigration options?
I would appreciate any experiences or suggestions. I want to make an informed decision and avoid closing doors for her in the future.
My 30-year-old sister came to Canada with my father about a year and a half ago to join my mother in Canada. She has had several visitor visa refusals in the past, although she was eventually able to come to Canada. right now my sister has a valid work permit, but she doesn’t work because she has a mild intellectual disability and is financially dependent on our parents. We have documentation showing her dependence, including tax records.
Given the current situation in their home country, we don’t feel it is safe for her to return. A lawyer told us that she may have grounds for a refugee claim due to her disability, but that her claim could be ineligible under Bill C-12. The lawyer also said she might not receive a removal order immediately because of the situation in the home country. I’m trying to understand what could happen in practice and how risky this path might be.
My parents are her main caregivers, and I would take on that responsibility after them. I’m her only sister, and I’m a Canadian citizen with a stable full-time job, a home, and enough money to help support her.
My sister has become much happier since moving to Canada. She attended classes for people with disabilities and really enjoyed them, although she stopped because they were expensive. Similar opportunities are not available in the home country. She also takes medication that we pay for ourselves, without OHIP or other benefits and those medication are not very accessible in the home country and the quality of medication is significantly different. She is much happier and satisfied her. After so many years, she got to experience how the feeling of having a sister is ( she was child was I moved to Canada).
Has anyone been in a similar situation? What challenges did you face after your refugee claim was found ineligible? Are there other options we should explore, and could making a claim affect her future immigration options?
I would appreciate any experiences or suggestions. I want to make an informed decision and avoid closing doors for her in the future.
What status do your parents have in Canada? When did they apply and was she included with them? You mention she has mild intellectual disability did she attend school for example? To which grade? Can she read/write? All these things would be considerations. How happy she is in Canada and whether she has a sister in Canada are not factors when applying for asylum or PPRA. Whether her life is at risk, whether she will be persecuted in her home country because of her disability or other factors, whether she has access to necessary medical care, etc. are what will be considered. Have you parents sought asylum in Canada? If they have not sought asylum then it would be difficult to make the case that her life is at risk but not theirs. What is sounds like you are trying to do is have your sister be able to join your parents in Canada. I assume there is a high chance they may be visiting on a supervisa. If that is the case that would mean they will be expected to return home at a certain point. How long has your mother been visiting Canada? Your father? If you ever get the opportunity to sponsor them you can attempt to include her as an adult child with a disability. She will have to be evaluated to see if she can be included. The demand for parent sponsorship is very high with limited spots so you may never get the opportunity to sponsor your parents. The other option is to try to secure PR based on H&C for your sister once your parents are too old to care for her (at that point they may no longer be able to visit Canada either because they are to frail or they can’t secure supervisa insurance, they have spent too much time visiting Canada, they have too many preexisting conditions so supervisa insurance doesn’t cover much, etc) or they pass away. The big issue is that she will need to be in Canada to apply and the processing time is currently over 50 years so not a realistic option at the moment. You don’t mention any other family especially other siblings. Do you have other siblings and where do they live? If they live in the home country of your parents and sister then they would be viewed as potential caregivers as well. There is no easy solution to your situation. Without knowing your country of origin it is also tough to comment. Your lawyer is your best resource.
I explain everything to address your question.
My parents and my sister are all in Canada as a temporary resident (work permit holder). My mom entered Canada on 2024 and got work permit on late 2024 and started working immediately while my sister and dad were outside of Canada in the home country. So, my mom has been inside Canada since late 2024 and never left and still has valid work permit.
My dad and sister joined her through spousal open work permit. My sister was also given work permit as a dependent child of foregion workers, even though we mentioned that she had disability but she was given work permit to stay with my parents. my sister and dad entered Canada on March 2025 and got their work permit on the airport, still valid till March 2027.
I do not have any other siblings. we are only 2 sisters. my sister is 30 years old but she has been financially dependent due to disability (mild intellectual disability). She can read and write in her mother language and can read alphabet in English. She has diploma from special needs education of her home country. So, she went to school back home. She learned alittle bit English (very limited) during this 1 year and half that she has been here.
she went to classes (not school or anything). It was classes that are offered for adults with disability and they go to learn some skills. my parents paid for her and even though she could not speak english, she learned things and enjoyed..
My parents have not sought asylum and I understand that my sister cannot claim refugee on her own and it needs to be through my parents. Can't my parents start H&C for themselves and her? what is our chance through H&C?
My parents are at their 60s. Their home country is Iran.
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Your parents and your sister each got OWP through the special Iran program. They got quite lucky that your sister was awarded a OWP. The processing time for H&C if you applied today would be over 50 years and applying does not prevent removal. At a certain point your parents and sister will be unable to extend their temporary stay in Canada. You really need to speak to an immigration lawyer because there aren’t great options for either your parents or your sister longterm in Canada except potentially a PPRA although it will depend on the conditions in Iran at that point and there specific history of persecution. Your father’s military service may be a big issue. Assume your parents would not qualify for economic immigration at their age. Your sister won’t be evaluated on her English language skills but her skills in Persian, her level of education achieved in Iran, her ability to live independently in Iran, etc. Your sister may have some options when your parents pass away or are too frail/disabled to care for themselves but it is impossible to determine immigration policies potentially decades from now. The special H&C OWP programs have created a major problem for Canada because Canada expected that this would be a temporary stay and that people would be able to return back home in a few years. Canada is attempting to reduce the volume of temporary residents after creating multiple H&C programs and welcoming too many students, foreign workers, etc.
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Thank you. To clairfy, my mom got OWP thorugh special measure for Iran but my sister and dad got Spousal open work permit. During that time there was an option to get OWP for dependent children and my sitster got through that. My sister and dad received work permits on the airport, when they arrived Canada. My dad military service had no issue. he did not serve on those banned organizations and did not even have any issues regarding that during all the times. Hence, he was approved for visitor visa a year before requesting spousal open work permit and he was granted a visitor visa but due to his business and work, he did not happen to visit Canada. My dad owns a barbershop in Iran with over 30 years of work experience and currently working full-time, is there a path that he can apply for closed wokr permit to open a barbershop in Canada and hire people? can we ask for visitor record for my sister to stay and accompany while they are here?
Yes, I talked with lawyer and he is suggessting that they claim refugee.
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I would strongly recommend getting a second opinion from an immigration lawyer who has specific experience with refugee ineligibility and removal proceedings under the new legislation. Assess whether any other options could apply to her circumstances, including a Humanitarian and Compassionate (H&C) application, However, each option has different eligibility requirements, and an H&C application does not automatically prevent removal or guarantee approval. I would avoid relying only on other applicants’ experiences because the legal details and individual circumstances can differ significantly.
Would verify that especially your sister didn’t get an OWP through the Iran program and not though your mother although it won’t make a significant difference based on their situation. Your father may not have had an issue with his military service but there has been recent changes by IRCC and IRB which has lead to many now facing issues with their military service. I have attached a recent news article although you should also do some more research to get up to date on the current issues facing many conscripts to the IRGC from Iran. There appears to be a few lawyers who ate taking on many of these cases and you may want to consult one of them about your family’s case. Your father can attempt to get a closed work permit but he would need to work for someone and not be self-employed. Given his age and ties to Canada it would be very difficult to get approved. To get approved for a WP you have to prove that there is nobody in Canada that can do the job and that you will return home after your WP expires. Proof that he will return home given his age, how he obtained his current WP, the fact that all his family is now in Canada, the current state of Iran, etc. will be a big obstacle. I would be reluctant to apply for another temporary permit when there is a high likelihood of refusal given he currently has a valid work permit which may be extended. Nobody knows what will happen to the people in Canada on the Iran OWP (even if your father is on an SOWP it is dependent on your mother’s OWP through the Iran program). At the moment I highly doubt that people will not be able to extend the OWP until there is more stability in Iran. Your parents and sister don’t qualify to apply for asylum in Canada since they have been in Canada for over a year so as I mentioned there only option would be to apply for PPRA. Given processing times it is impossible to predict what the conditions in Iran will be by the time their application is assessed so whether they have proof they were persecuted and their lives were at risk before the war should have a sigjnificant impact on whether they should apply for asylum now (application for asylum will not be possible so will be changed into an application for PPRA). If they apply they will lose the security of having the OWP through the Iran program. I also would also recommend getting a second opinion from another lawyer. The big issue is there isn’t an obvious or easy answer to their situation. The fact that nobody can predict what will happen to the Iran H&C OWP program over the next 5 years and when the conflict between Iran and the US and Israel will be over makes your decision more complicated. We also don’t know if they were being persecuted and whether their lives were at risk before they arrived in Canada. If they had proof that they had been persecuted and their lives were at risk before coming to Canada that would help their case although the fact that they didn’t claim asylum on arrival in Canada would be something they will have to explain.
https://www.cbc.ca/news/canada/cana...k-australia-take-different-approach-9.7346224
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