HELP! Humanitarian visa for parent??? HELP

[Skouks]

Hello I immigrated to Canada to 2016 spousal sponsorship same year my father died. My mother widow left alone since my brother's work and live abroad in Qatar. Her depression worsened. have low family income I can't sponsor my mother. I have two kids where she is the primary care giver most of the time. I work and study online. She has multiple entry visa. She lives in Canada 6-10 months each year. She integrated to society. What are her chances? ANY ADVICE PLEASE?!!!!

 

[scylla]

Hello I immigrated to Canada to 2016 spousal sponsorship same year my father died. My mother widow left alone since my brother's work and live abroad in Qatar. Her depression worsened. have low family income I can't sponsor my mother. I have two kids where she is the primary care giver most of the time. I work and study online. She has multiple entry visa. She lives in Canada 6-10 months each year. She integrated to society. What are her chances? ANY ADVICE PLEASE?!!!!

On the lower side since you aren't an only child. Best option would be to increase your income so that you qualify to sponsor her for PR. Risk of applying for H&C is that if she is refused, it will likely complicate the ability to visit as a tourist in the future.

Note that taking care of your children while here on a visitor visa is classified as illegal work by IRCC. I would certainly not mention this in the application as a reason for wanting her to stay.

 

[21Goose]

Talk to a lawyer. There's a lot more details required and your case isn't simple. A good lawyer can give you a realistic appraisal of your chances.

 

[PMM]

HI

Hello I immigrated to Canada to 2016 spousal sponsorship same year my father died. My mother widow left alone since my brother's work and live abroad in Qatar. Her depression worsened. have low family income I can't sponsor my mother. I have two kids where she is the primary care giver most of the time. I work and study online. She has multiple entry visa. She lives in Canada 6-10 months each year. She integrated to society. What are her chances? ANY ADVICE PLEASE?!!!!

1. I suggest you read the following Federal Court decision: https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/421303/index.do

 

[Copingwithlife]

The above Federal Court decision should be required reading for all those who elect to go the H&C route for their parents versus the programs currently available for them to attempt to sponsor

 

[canuck_in_uk]

This is not true but I wish it was true. Lol. Here's definition of work as per CIC where it's clearly mentioned that childcare by family members is not work.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html

It is true. The info you are referring to, "a mother assisting a daughter with childcare", refers to short-term assistance that is incidental to the visit and does not compete in the labour market. OP has said the mother is the primary caregiver and essentially lives here. This is not short-term, not incidental and it does compete with the labour market, as OP's mother has taken away childcare work on a long-term basis that would have otherwise been done by a Canadian citizen/PR. It is illegal work.

 

[canuck_in_uk]

In the document quoted, it does not talk about length at all and instead uses the word temporary visitor. Regardless, I could care less as they are wasting federal dollars with h&c claims and all that crap.

It states "short-term"; according to OP, she lives here 6-10 months a year, which is is not short-time.

 

[Skouks]

It states "short-term"; according to OP, she lives here 6-10 months a year, which is is not short-time.

She doesn't get paid!!!

 

[21Goose]

She doesn't get paid!!!

Does not matter.

 

[canuck78]

She doesn't get paid!!!

The issue is that by doing the childcare work a Canadian is not being paid as a daycare worker or nanny.

 

[Copingwithlife]

And this is why the Government has a specific payroll account that is ONLY used for caregivers. Someone could be getting paid for this work , and EI, CPP, Income Tax would be remitted to the CRA

 

[canuck_in_uk]

She doesn't get paid!!!

As already stated, doesn't matter. She is taking paid work away from the Canadian labour market.