Immigrate my disabled brother

[kanishkdudeja]

Hello,

We're a couple from India who are considering a decision to immigrate to Canada through Express Entry.

One major concern with our immigration is that my brother, who's 25 years old currently, suffered an accident 8 years back due to which he developed short term memory loss and is now dependent on us. My parents are able to take care of him currently but we want to make sure that we can immigrate him when my parents can no longer take care of him or when my mother passes away.

I have a couple of questions in this regard:

- I think we'll need to try an application on humanitarian and compassionate grounds for him when we need to try to immigrate him. What are the approval rates for such applications currently?
- When my mother passes away or if she can no longer take care of him, we'll need to bring my brother on a tourist/visitor visa to Canada to stay with us, until we file the H&C application. So my question is can we extend his tourist/visitor visa until the time the H&C application is processed?
- If we cannot extend his tourist/visitor visa, can we have him re-enter Canada every 6 months (by taking a week in between outside Canada) using the tourist/visitor visa, until the application for H&C gets processed?

We do not prefer to be in a situation that we need to immigrate back to India in case his H&C application gets rejected repeatedly.

How would you suggest we navigate this decision?

 

[primaprime]

I hate to break it to you but your brother may be medically inadmissible to Canada, and you probably can't sponsor him for PR as siblings are only allowed in extremely specific situations.

Applications for humanitarian and compassionate grounds are not a way around these rules, and would require a lawyer and a lot of documents to make your case. It's given only in truly exceptional circumstances, which maybe you have, but maybe the Immigration and Refugee Board decides otherwise. He would have to be in Canada as a visitor first to apply, and to do that he would have to be found medically admissible and show ties to home like a job or family.

The truth is that Canada has little reason to add new citizens who cannot contribute economically or qualify for immigration on their own.

 

[canuck78]

Your brother is likely to struggle to get a TRV. He won‘t have the strong ties like employment to show that he will return home. If he can get a TRV there is no guarantee he will get H&C.

 

[scylla]

Hello,

We're a couple from India who are considering a decision to immigrate to Canada through Express Entry.

One major concern with our immigration is that my brother, who's 25 years old currently, suffered an accident 8 years back due to which he developed short term memory loss and is now dependent on us. My parents are able to take care of him currently but we want to make sure that we can immigrate him when my parents can no longer take care of him or when my mother passes away.

I have a couple of questions in this regard:

- I think we'll need to try an application on humanitarian and compassionate grounds for him when we need to try to immigrate him. What are the approval rates for such applications currently?
- When my mother passes away or if she can no longer take care of him, we'll need to bring my brother on a tourist/visitor visa to Canada to stay with us, until we file the H&C application. So my question is can we extend his tourist/visitor visa until the time the H&C application is processed?
- If we cannot extend his tourist/visitor visa, can we have him re-enter Canada every 6 months (by taking a week in between outside Canada) using the tourist/visitor visa, until the application for H&C gets processed?

We do not prefer to be in a situation that we need to immigrate back to India in case his H&C application gets rejected repeatedly.

How would you suggest we navigate this decision?

The chances of successfully bringing your brother to Canada are unfortunately very low. You should consider this before you invest time in immigrating to Canada yourselves if supporting your brother is a priority.

- H&C approval rates are low. Also note that the applicant must be physically in Canada in order to apply. So this would mean he would need to qualify for a TRV so that he can come to Canada.
- It will likely be quite challenging to get a TRV approved if he cannot show ties to his home country (e.g. employment, property, assets, previous travel to countries requiring visas like the UK and US). If a TRV is not apprved, then he cannot apply under H&C. If he gets a TRV and comes to Canada, then yes, you can absolutely apply to extend it.
- No. Once an H&C application is filed, a TRV is normally canceled and re-entry is not possible. If an extension is not approved, then he would simply try to remain in Canada without status to wait out the processing of the H&C application.

You can't really apply for H&C multiple times. You would apply once. If the application is refused, then you could try to appeal. If that is also exhausted, he would need to leave Canada and returning almost certainly won't be possible.

Note that H&C processing times are around 3 years and he won't have health care coverage for most or all of this period of time. This means that you'll need to be prepared to pay for any medical care he needs out of pocket. Be prepared for that as well.

Good luck.

 

[kanishkdudeja]

Thank you all for your valuable feedback.

We were prepared to give H&C approval a chance assuming he'll be able to get a TRV. But since that is also likely going to be a problem, I think it's better to drop the idea of our immigration itself.

Thank you again for your prompt and knowledgeable replies, cheers

 

[Buletruck]

I don’t believe there is an appeal process for H&C. Only reconsideration and/or judicial review.

 

[scylla]

I don’t believe there is an appeal process for H&C. Only reconsideration and/or judicial review.

Yes, sorry, you're right. I was thinking of JR.

 

[urmust]

Hi, I am in a similar situation as above but with some changes.

I have an elder brother who is disabled, he met with a road accident in 2005 and this affected his mental and physical capabilities. Please note, he can do things on his own and has a stable job but needs supervision as he gets stubborn and needs constant counselling.

He was under the care of my parents until last year when they both passed away due to COVID. This is affected him morally on a humongous scale but he is still managing on his own.

I intend to bring him to Canada on a TRV so he may feel better for few months, He has savings in his accounts from his pay which roughly amounts to $15000 apart from this, we can get a letter from his work place for his ties to country. We do not have any properties or assets back home.

I did visit him last year but it was chaotic as I contracted COVID myself and had to spent my entire trip in hospital than to stay with him.

I wish to know, what can be done to better his chances and does he have any possibility for an approval in current state?

 

[scylla]

Hi, I am in a similar situation as above but with some changes.

I have an elder brother who is disabled, he met with a road accident in 2005 and this affected his mental and physical capabilities. Please note, he can do things on his own and has a stable job but needs supervision as he gets stubborn and needs constant counselling.

He was under the care of my parents until last year when they both passed away due to COVID and now he is currently lively lonely. This is affected him morally on a humongous scale but he is still managing on his own.

I intend to bring him to Canada on a TRV so he may feel better for few months, He has savings in his accounts from his pay which roughly amounts to $15000 apart from this, we can get a letter from his work place for his ties to country. We do not have any properties or assets back home.

I did visit him last year but it was chaotic as I contracted COVID myself and had to spent my entire trip in hospital than to stay with him.

I wish to know, what can be done to better his chances and does he have any possibility for an approval in current state?

Has he previously traveled to countries requiring visas such as the US or UK? If so, he probably has a decent chance of being approved. If not, it's difficult to say.

If you are thinking of apply for PR for him under H&C, I think that application is unlikely to succeed.

 

[urmust]

Has he previously traveled to countries requiring visas such as the US or UK? If so, he probably has a decent chance of being approved. If not, it's difficult to say.

If you are thinking of apply for PR for him under H&C, I think that application is unlikely to succeed.

No, he doesn't have visas for other countries and I am not thinking of applying PR for him, just a TRV for him to visit me for couple of months.

 

[urmust]

and sorry I forgot to add, he is currently married back home. Does this increase his chances for a TRV?

 

[scylla]

No, he doesn't have visas for other countries and I am not thinking of applying PR for him, just a TRV for him to visit me for couple of months.

It's certainly worthwhile trying. He might get lucky and be approved.