Not selected for grandparent sponsorship, any other routes

[maica1x]

Hi there,

I'm at a loss of what to do. I've spoken to lawyers and they have stated I simply need to try my luck next year to get picked.

My mother is 70, my father recently passed away in Jamaica and she has no other family other than us. She is German, but lived in ja for over 40 years and now has lost her residency there due to my father passing. So she has to leave Jamaica.

I am going to apply for a ETA, and supervisa (it may arrive too late)and hope we can provide evidence that she isnt planning on staying in canada, but as she has to leave Jamaica it is difficult to show...I hope bank accounts and investments will be enough as she is flying here on a one way ticket with dogs and belongings. She doesnt own a house.

She is totally fit to work and we agreed she would help with kids, so I can work full time. BUT they now closed that program as well. Does anyone think there's opportunity for this route as I have my own business?

Applying as refugee I dont see that working, and would like to know if there are any other options. I am concerned she will be turned away on arrival on her one way ticket, and then am concerned how I can have her stay with us permanently.

Any advice, suggestions?

 

[Buletruck]

If she can get to Canada, you could try an H&C application. No guarantee and extremely difficult to get, but it is an option.

https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html

 

[zardoz]

Hi there,

I'm at a loss of what to do. I've spoken to lawyers and they have stated I simply need to try my luck next year to get picked.

My mother is 70, my father recently passed away in Jamaica and she has no other family other than us. She is German, but lived in ja for over 40 years and now has lost her residency there due to my father passing. So she has to leave Jamaica.

I am going to apply for a ETA, and supervisa (it may arrive too late)and hope we can provide evidence that she isnt planning on staying in canada, but as she has to leave Jamaica it is difficult to show...I hope bank accounts and investments will be enough as she is flying here on a one way ticket with dogs and belongings. She doesnt own a house.

She is totally fit to work and we agreed she would help with kids, so I can work full time. BUT they now closed that program as well. Does anyone think there's opportunity for this route as I have my own business?

Applying as refugee I dont see that working, and would like to know if there are any other options. I am concerned she will be turned away on arrival on her one way ticket, and then am concerned how I can have her stay with us permanently.

Any advice, suggestions?

Wow... From a CBSA point of view, there are more "red flags" than at a Soviet parade.

1) recently widowed.
2) loss of Jamaican residency.
3) no significant remaining ties to Jamaica or Germany.
4) no job.
5) arriving with pets.
6) arriving with belongings.
7) intention to work illegally (yes, minding your kids is "work" as per the definition).
8) no return ticket.

It's going to be hard to persuade a Border Service officer that she is a genuine visitor that will leave at the end of her stay.

 

[vensak]

The moment she will attempt that she will be stopped and refused to enter (to fly over with all belongings).
Germany is a very nice country to live and elderly people do have very good service there. Your mother has no ties to Canada what so ever. (just having and adult child there is way not enough).
So it would be best for her to return to Germany and for you to try your luck next year.

 

[canuck78]

If you plan on trying for a supervisa it must be done while your mother is not in Canada.

 

[Rob_TO]

She is totally fit to work and we agreed she would help with kids, so I can work full time. BUT they now closed that program as well. Does anyone think there's opportunity for this route as I have my own business?

If you are talking about the live-in caregiver program, this would be impossible since it requires specific education and recent legitimate work experience in the care field. Not to mention it would be obvious it's only used to get her to Canada.

Your ONLY chances are:
1. Get lucky enough to be picked for 2019 PGP program
2, Have her come to Canada as a VISITOR, and while she's in Canada you can try to apply for her PR with a H&C app. Elderly parents who are widowed and have no family in home country, have been accepted in this situation before.

Once she applied for PR via H&C class, she should not attempt to leave Canada until the app is completed.

If the H&C application is denied, she will need to leave Canada and she may find returning as a visitor in the future would be very difficult (as IRCC will know she really wants to stay). I would strongly suggest hiring an experienced immigration lawyer to help with a H&C app if this is the route you go with.

 

[canuck78]

Would be very careful if you apply for H&C that she doesn't work illegally during that time as her grandchildren's nanny. The fact that she is able-bodied and has citizenship from a country that has a good social safety net hurts her application. You must have had a plan knowing your parents were getting older. Also make sure you purchase emergency health insurance. Any regular healthcare needs, including medications, will be your responsibility.

 

[maica1x]

If you are talking about the live-in caregiver program, this would be impossible since it requires specific education and recent legitimate work experience in the care field. Not to mention it would be obvious it's only used to get her to Canada.

Your ONLY chances are:
1. Get lucky enough to be picked for 2019 PGP program
2, Have her come to Canada as a VISITOR, and while she's in Canada you can try to apply for her PR with a H&C app. Elderly parents who are widowed and have no family in home country, have been accepted in this situation before.

Once she applied for PR via H&C class, she should not attempt to leave Canada until the app is completed.

If the H&C application is denied, she will need to leave Canada and she may find returning as a visitor in the future would be very difficult (as IRCC will know she really wants to stay). I would strongly suggest hiring an experienced immigration lawyer to help with a H&C app if this is the route you go with.

I agree with you there on difficulty, she does have extensive experience in childcare as well, but I suspect the relation will fail the application. I will try the H&C route with a lawyer if it looks like we have no luck with lottery next year. Immigration actually stated she does not need supervisa at all to enter canada, as she has a European passport, she can show letter of invitation at the border for extended stay. Its frightening though, that they would not allow my mother to stay with her family, and go back to a country she hasnt lived in for over 40 years. Thanks for everyone's advice.

 

[maica1x]

Would be very careful if you apply for H&C that she doesn't work illegally during that time as her grandchildren's nanny. The fact that she is able-bodied and has citizenship from a country that has a good social safety net hurts her application. You must have had a plan knowing your parents were getting older. Also make sure you purchase emergency health insurance. Any regular healthcare needs, including medications, will be your responsibility.

She will be helping with grandkids sure but we will not be doing anything illegal to ruin chances of her possibly staying or visiting in the future. Thanks for heads up though. Re plan for parents getting older, who would...that was their job and they had their heads in the sand that nothing would ever happen - and then my dad suddenly died without any retirement plans. She has BUPA worldwide healthcare for 2 years already that covers her for emergencies/hospital.

 

[russ6970]

If she has a German passport she will be able to visit Canada for a max of 6 months, but she can't bring any belongings and she would have to convince the officer that she is not coming here to stay or work (even with your children), just to visit you. Would she be nervous answering questions like that?

 

[maica1x]

If she has a German passport she will be able to visit Canada for a max of 6 months, but she can't bring any belongings and she would have to convince the officer that she is not coming here to stay or work (even with your children), just to visit you. Would she be nervous answering questions like that?

Thats interesting, the immigration office just sent her away this morning with all the supervisa paperwork we did together and told her she didnt require a supervisa with a European passport, that she could let them know at border her wish to visit for a longer period. We are not lying, so yes she will answer questions fine, shed like to stay but if lottery/other routes unsuccessful then we have to make other plans whatever that would entail. But I get what you are saying, if they sense she will illegally stay then they wont let her in. I think I need to get a lawyer now, to advise how to move forward to give us the best chances.

 

[russ6970]

Maybe she should start making plans just now for Germany. Has she got property there or anything. Any kind of tie to Germany would be a good thing.

 

[vensak]

Thats interesting, the immigration office just sent her away this morning with all the supervisa paperwork we did together and told her she didnt require a supervisa with a European passport, that she could let them know at border her wish to visit for a longer period. We are not lying, so yes she will answer questions fine, shed like to stay but if lottery/other routes unsuccessful then we have to make other plans whatever that would entail. But I get what you are saying, if they sense she will illegally stay then they wont let her in. I think I need to get a lawyer now, to advise how to move forward to give us the best chances.

Just so you know, she has not right of entry to Canada even if she has a visa free passport. So moving in with all her belongings might be a big red flag with a potential denial.
Secondly she will be asked routine questions like where does she live, her permanent resident address as such. And again it will be a big red flag, that she has practically no ties in Germany and she is trying to come to Canada, where she has ties.
So yes she has certain chance to be denied at entry.
Supervisa is something, that will allow her to stay long time (up to 2 years), but of course not work. So getting those approved (even she does not need them for a shorter visits), would help to clear out many of those questions.

Now what I dislike the most about this post is that you are trying to jump the queue.

The lottery is for a reason there. It is for the limits Canada has to take care of people that most of they life did not pay a dollar of taxes but they will require lot of assistance later on.
Knowing that demand exceeds the capacity they had 3 options:
1. the one that was there where people were paying like crazy to get in within few hours.
2. One where anybody can apply, but then they will wait in queue for years and years and years
3. Or a more reasonable lottery, where you have same chance as anybody else. But of course if the demand will rise faster than the resources over longer time, the % of being picked up is lower and lower.

Then there is of course a possibility 4 - scrap the whole system. And trust me some Canadians would love to see that. So I would say some chance is still better than none.

At the end of the day nobody Is holding you in Canada on a gunpoint. You do technically have options to live together in some other country.

You want to change the whole system - sure, all you need is to get the Canadian citizenship (if you do not have it already) and then use your right to vote and your right to be voted.

Good luck

 

[canuck78]

You will also have to make sure her health insurance meets the Canadian coverage limit requirement if gets a supervisa. You also need to think about what will happen if your mother gets sick. She gets emergency coverage until she is stable enough to fly home. Then she is supposed to seek health care in her own country or pay cash in Canada.