Mother in laws case for PR

[Rob_TO]

I'm surprised also. I would think a case where a PR is denied access to health care would be considered violation of their rights somehow.

I'm also surprised any "promise" to not use healthcare for certain conditions, are actually relevant to CIC. There would be absolutely nothing to prevent a newly landed PR to abandon any such "promise", and just start using healthcare for whatever they see fit. I don't think CIC has any ability to enforce this... but not sure what the specific conditions were in the cases people mentioned.

 

[keesio]

I'm also surprised any "promise" to not use healthcare for certain conditions, are actually relevant to CIC. There would be absolutely nothing to prevent a newly landed PR to abandon any such "promise", and just start using healthcare for whatever they see fit. I don't think CIC has any ability to enforce this... but not sure what the specific conditions were in the cases people mentioned.

The only way I see this being possible if there is some kind of special conditional PR which explicitly states that this PR status does not allow you access to health care. I guess it is possible since there is conditional PR in other cases like condition 51 (have to stay together for 2 years). But in this case, that is a tricky issue because of the nature of health care here. I can't imagine such a condition. And even if there is, I can see someone suing the government over it for human rights concerns and winning. Does the government really want to open that can of worms?

 

[Rob_TO]

The only way I see this being possible if there is some kind of special conditional PR which explicitly states that this PR status does not allow you access to health care. I guess it is possible since there is conditional PR in other cases like condition 51 (have to stay together for 2 years). But in this case, that is a tricky issue because of the nature of health care here. I can't imagine such a condition. And even if there is, I can see someone suing the government over it for human rights concerns and winning. Does the government really want to open that can of worms?

I am fairly certain that no such conditional status has ever existed. Theoretically it would need to stipulate a PR couldn't use healthcare for just the specific condition in question, but could for other issues, and there is simply no way that is possible to track.

 

[ryan007]

The issue I see with this statement is that this argument will not hold. You are seeking PR for her. Once she has it, she will (eventually) qualify for health care. She can't be a PR but not qualify for it. Are you telling me that even if she qualifies, you would decide to decline it and pay out of pocket instead? It is doubtful and CIC will think so too. I don't know how you will argue this. You will need a better argument.

Hi all, just to give a heads up...the second H&C application with sponsorship that was made in Jan 2013 has still not been decided.We are pursuing the status update of the same through the MP's office.
By H&C with sponsorship, doesn't it imply that all her medical expenses would be borne by us,as we continue to do so now?
Just wanted to clear this doubt.
Another query is with regards to this application which was made while the applicant ( my mother in law) is within Canada. As the current processing time is anywhere between 36-42 months as per the CIC website, in worse case scenario if she has to leave the country does it mean this application would be considered null and void ? Or in case a decision is taken within the next 24 months , can she return to Canada?

 

[scylla]

By H&C with sponsorship, doesn't it imply that all her medical expenses would be borne by us,as we continue to do so now?
Just wanted to clear this doubt.

No - it definitely doesn't imply that her medical expenses would be paid by you.

Sponsorship through H&C gets her PR status. PR status entitles her to provincial health care. Provincial health care means the costs of her care will be shouldered by Canadian tax payers.

 

[scylla]

Just to add...

This is why it is so difficult to win the "we will pay for her care" argument. Legally, once she is a PR, no one can force you to do this and she would be legally free to use the health care system just like anyone else. There is no way for the government to enforce your commitment to pay for her care.

 

[ryan007]

Thanks Scylla....

 

[keesio]

Sounds to me like a Super Visa would fit the bill here. 10 year visa (+2 more without needing a renewal) and then try to renew. That way you will be responsible for medical care since people on a super visa are not eligible for provincial health care coverage.

 

[ryan007]

Another query is with regards to the H&C application with family sponsorship that was made while the applicant ( my mother in law) is within Canada. As the current processing time is anywhere between 36-42 months as per the CIC website, in worse case scenario if she has to leave the country does it mean the second H&C application with family sponsorship would be considered null and void ?

Or in case a positive decision is taken on this application within the next 24 months would she be allowed to return to Canada even if she has been accompanied by a medical staff while she leaves Canada now incase we decide not to pursue the case further.

Could anyone on the forum please answer this query?

 

[scylla]

Sounds to me like a Super Visa would fit the bill here. 10 year visa (+2 more without needing a renewal) and then try to renew. That way you will be responsible for medical care since people on a super visa are not eligible for provincial health care coverage.

IMHO there's zero chance of the super visa being approved. One of the base requirements for the super visa (in fact it's the first one listed) is: "your ties to your home country".

OP's mother in law hasn't lived in her home country for years and has 1 failed refugee claim, 1 failed H&C claim and 1 ongoing H&C claim under her belt. It's going to be impossible for the home ties requirement to be satisfied.

 

[keesio]

IMHO there's zero chance of the super visa being approved. One of the base requirements for the super visa (in fact it's the first one listed) is: "your ties to your home country".

OP's mother in law hasn't lived in her home country for years and has 1 failed refugee claim, 1 failed H&C claim and 1 ongoing H&C claim under her belt. It's going to be impossible for the home ties requirement to be satisfied.

Oh... right. I was just looking for a good compromise for the OP's situation since a PR is likely out of the question. But looks like so is a super visa.

 

[user828]

Could anyone on the forum please answer this query?

You have to request extensions, suggesting H&C is still pending - once she is out, she's out

 

[ryan007]

Extension is not possible as the visit visa expired a couple of years back and hence the refugee claim was put in to buy time after the first H&C was rejected and when it looked like the refugee claim was on a wet wicket, the second H&C application with sponsorship has been put up.The consultant and his lawyers justification to select these Options was to keep her in the country on one pretext or the other.
Today we are meeting a reputed lawyer and will decide on the future course. However, have started preparing my mother in law and wife to be prepared for all eventualities.