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Disabled Sister-Sponsorship-H&C

armoured

VIP Member
Feb 1, 2015
15,476
7,878
Is there any plan B AFTER trV REFUSAL may be due to parents having supervisa?
To be blunt, your plan B should be planning for her care in her home country.

The TRV refusal is for a fairly obvious reason: your plan actually is for her to remain in Canada, and never to leave. That's fundamentally not consistent with the purpose of a TRV.

You can keep trying, but you need a backup plan that does not involve Canada.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Yes, I work & I go out. Does it really make a difference what if I had a child like her now. Would I work or go out or be 24/7 caregiver I would do anything for my child which a mother anyways do staying on maternity paternity for years. She can go out too. she does not bite. She likes fresh air too.
& if being 24/7 caregiver is an option or condition, I would do that too.
You couldn’t place her in a normal kindergarten like a normal 5 year old and the cost of care changes vastly over the age of a child from higher costs while they are younger to lower cost when a child can attend school for most of the day. The situation is very different. Unless you are indelendently wealthy you also need to work to provide a home, food, clothing, etc. Those who stay on permanent maternity or paternity are on leave for 12-18 months (maybe 2 years now) but then transition to stay at home parent while the other parent works. This only works if the family can afford to do so or if the cost of daycare would be the same as staying home so the parent stays at home until the children enter school and it makes financial sense to return to work. The cost to provide care for adults with intellectual disabilities is extremely expensive and finding people who are able to care for people with special needs is hard to find. it can be extremely hard to get public funding and the cost of potential care would be considered. Most have to have a parent give up work to be the primary caregiver when school runs out at age 21 for adults with intellectual disabilities. This is unpaid work. I would suggest speaking to parents with adults with intellectual disabilities and listen about how little funding they have actual gotten to help care for a child with intellectual disabilities, how long did they have to fight and wait to get it, how much of the caregiving are they doing themselves (usually unpaid) and did they have to stop working , do they ever get a respite care and how many days a year, whether they are on a wait list for a group home and how many decades have they been on the wait list, etc. If you are lucky some areas may have a charity that provides some respite care but maybe a weekend a year. The economics are something that will be considered which is why I have asked whether you have the extra funds (50-60k/yr plus contributions and vacation pay) to pay privately for full-time care during your work hours for example. Anyone with a 5 year old will say they need a break from their kid once in a while and that it is hard to have a 5 year old by your side 24/7 and that it becomes nice when they are old enough to do some things on their own.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
To be blunt, your plan B should be planning for her care in her home country.

The TRV refusal is for a fairly obvious reason: your plan actually is for her to remain in Canada, and never to leave. That's fundamentally not consistent with the purpose of a TRV.

You can keep trying, but you need a backup plan that does not involve Canada.
Unfortunately I agree
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thank you. How about parents getting PR & She is dependent on them.
It may be unlikely your parents will qualify for PR given their health conditions. There's a decent chance they will be demeed medically inadmissible based on your earlier posts.

Having said that, if you or your brother make enough income and you are selected as sponsors through the parent / grandparent lottery, you can certainly try to sponsor your parents and include your sister as a dependent. Given your parents' health conditions and your sister's situation, it may be best to work with an immigration lawyer if you decide to go ahead with this. This will not be a straight forward application.

The first step is to watch for the parent / grandparent sponsorship program to re-open and to make sure that either you or your brother meet the income requirements to qualify as a sponsor.
 
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scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is there any plan B AFTER trV REFUSAL may be due to parents having supervisa?
Plan B is to either apply for the TRV again, this time trying to strengthen the application - or to appeal the TRV refusal with the help of an immigration lawyer in Canada.
 

Naturgrl

VIP Member
Apr 5, 2020
39,734
8,170
Plan B is to either apply for the TRV again, this time trying to strengthen the application - or to appeal the TRV refusal with the help of an immigration lawyer in Canada.
Appeal will cost money and will need to show error of law, and that her ties to return were strong in the original application without submitting new documentation.
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Appeal will cost money and will need to show error of law, and that her ties to return were strong in the original application without submitting new documentation.
Agreed. But it's an option.
 
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jeenu123

Star Member
Jun 20, 2019
166
15
BC
Category........
It may be unlikely your parents will qualify for PR given their health conditions. There's a decent chance they will be demeed medically inadmissible based on your earlier posts.

Having said that, if you or your brother make enough income and you are selected as sponsors through the parent / grandparent lottery, you can certainly try to sponsor your parents and include your sister as a dependent. Given your parents' health conditions and your sister's situation, it may be best to work with an immigration lawyer if you decide to go ahead with this. This will not be a straight forward application.

The first step is to watch for the parent / grandparent sponsorship program to re-open and to make sure that either you or your brother meet the income requirements to qualify as a sponsor.
Can we both together sponsor our parents to ease requirement of income & also I don't think if we can use savings as liquid & property assets i.e. land & farms towards income? This would be an option for Trv only.
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Can we both together sponsor our parents to ease requirement of income & also I don't think if we can use savings as liquid & property assets i.e. land & farms towards income? This would be an option for Trv only.
No. For parent / grandparent sponsorship, only one of you can sponsor and that individual must meet LICO. The two of you cannot combine your income to sponsor your parents for PR.

No. Property is not counted towards LICO. Only your income counts (what appears on your CRA NOA).
 

jeenu123

Star Member
Jun 20, 2019
166
15
BC
Category........
Appeal will cost money and will need to show error of law, and that her ties to return were strong in the original application without submitting new documentation.
For family ties we could only prove it if parents had no super visa & we cannot undo that. In this case showing parents financial background even if it is strong would it be considered by IRCC?
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
For family ties we could only prove it if parents had no super visa & we cannot undo that. In this case showing parents financial background even if it is strong would it be considered by IRCC?
You'll have to try. None of us here can tell you if this will work.

Make sure you declare the previous TRV refusal when you reapply.
 

jeenu123

Star Member
Jun 20, 2019
166
15
BC
Category........
No. For parent / grandparent sponsorship, only one of you can sponsor and that individual must meet LICO. The two of you cannot combine your income to sponsor your parents for PR.

No. Property is not counted towards LICO. Only your income counts (what appears on your CRA NOA).
Ya I had the same doubt. But if we are adding sister as dependent on PR, parents financial background still does not matter? I understand that sponsor would be responsible to show income for all three of them including his own family in Canada. But just as plus on side or it does not make a differenec at all?
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Ya I had the same doubt. But if we are adding sister as dependent on PR, parents financial background still does not matter? I understand that sponsor would be responsible to show income for all three of them including his own family in Canada. But just as plus on side or it does not make a differenec at all?
Parents financial background doesn't matter for a PR application. What matters for the PR application is that either you or your brother show you earn enough income in Canada to meet LICO.

Your sister cannot be a dependent in your parents' super visa application.

For the TRV application, she needs to show ties to her home country which would include financials. She can show your parents' financials since she doesn't have her own. However this is not a very strong tie. You can show your income as well. However what IRCC will ultimately be looking for is for your sister to show she has ties to her home country, is only coming to Canada for a short visit, and has no plans on remaining here long term.
 
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jeenu123

Star Member
Jun 20, 2019
166
15
BC
Category........
Unfortunately I agree
Unfortunately I agree too but after my parents death in future there will be no one to care for her in home country. She cannot speak properly to tell us how she is being treated as she was mistreated looking at her condition when once we had to leave her in other's care in compulsion as my father was in emergency due severe head injury & my mother has to stay with him as we all were very young.
I am not relying on any caregiver as she is not 100% dependent. She can stay home with my other kid & mother in law
You couldn’t place her in a normal kindergarten like a normal 5 year old and the cost of care changes vastly over the age of a child from higher costs while they are younger to lower cost when a child can attend school for most of the day. The situation is very different. Unless you are indelendently wealthy you also need to work to provide a home, food, clothing, etc. Those who stay on permanent maternity or paternity are on leave for 12-18 months (maybe 2 years now) but then transition to stay at home parent while the other parent works. This only works if the family can afford to do so or if the cost of daycare would be the same as staying home so the parent stays at home until the children enter school and it makes financial sense to return to work. The cost to provide care for adults with intellectual disabilities is extremely expensive and finding people who are able to care for people with special needs is hard to find. it can be extremely hard to get public funding and the cost of potential care would be considered. Most have to have a parent give up work to be the primary caregiver when school runs out at age 21 for adults with intellectual disabilities. This is unpaid work. I would suggest speaking to parents with adults with intellectual disabilities and listen about how little funding they have actual gotten to help care for a child with intellectual disabilities, how long did they have to fight and wait to get it, how much of the caregiving are they doing themselves (usually unpaid) and did they have to stop working , do they ever get a respite care and how many days a year, whether they are on a wait list for a group home and how many decades have they been on the wait list, etc. If you are lucky some areas may have a charity that provides some respite care but maybe a weekend a year. The economics are something that will be considered which is why I have asked whether you have the extra funds (50-60k/yr plus contributions and vacation pay) to pay privately for full-time care during your work hours for example. Anyone with a 5 year old will say they need a break from their kid once in a while and that it is hard to have a 5 year old by your side 24/7 and that it becomes nice when they are old enough to do some things on their own.
No. I would not need all this. I would not need a caregiver at all. She is not 100% dependent. She can stay at home with my other kid & mother/mother in law. She still stays home. My mother can go out for few hours if needed ensuring a secure environment around as she understands this thing by now with little training or sometimes she would take her with her. She does not need assistance in like everything. She can feed herself with little mess. she can dress herself, may be not properly/perfectly. yeh it's nice to have a break which we could get in our home country even now. But we chose not to have it because it would be worthless without having peace of mind the reason I did not leave my own kid at daycare & I get a break with the help of other members. Same is the case for her. If my parents are here with her they can take care of her until they have good health. Diabetes, b.p & thyroid are very common now a days in age group of 50-60years. They are doing well until now. Sometimes when they get sick, for that time & After them I am prepared to do it myself as it's not a as hard as it might seem to you.
we will fulfil the income requirement. Would there be any other we would need ?