Parents Immigration

[K.Shaw]

My parents applied for self-employed/entrepreneur back in 2007. After 10 years, we withdrew their case. Their case was transferred to London and they did not respond to any of the clarifications our lawyer asked for regarding the submission of documents so this was a useless effort. I am a Canadian resident while two of my sisters are Canadian citizens. Now, my father has developed kidney problems and is on dialysis. After my PR, I had to move back to my home country to be around my parents. I fear that I don't have much time left for my PR to get expired and I cannot leave without my parents. Supervisa does not cover dialysis and without health insurance we cannot afford his health issue.

Moreover, in 2008, while my father was at work and one day he received an anonymous letter threatening him that he would have to pay CAN 50K otherwise his family will be kidnapped. That, our family is overseas and we were in a good position to pay this amount. The police were able to trace him and he turned out to be a contract driver at work hoping for some quick money. He remained behind bars for 2 years while the case was proceeding. At that point, his family pleaded hard for mercy offering visits to our home and my kind hearted father forgave him for his act. Last month, my father was out on a routine and he had multiple gunshots fired at his vehicle. He remained safe thanks to God Almighty. We have filed the police report and we suspect its the same guy but its too soon to say as the investigation is underway and that guy is nowhere to be found.

Is there any way for us to help our parents to immigrate to Canada? Or do we qualify on humanitarian/compassionate grounds? When I move to Canada with my parents I would also be contributing to the economy as well along with my sisters who are already there. Being the only son, I cannot leave my parents while he needs help with his health issue and now this police case. I really want to move back and start and new life in Canada if my parents are with me. Are there any good lawyers who specialize with such case or have experience with?

Any help or suggestion will be much appreciated.

 

[scylla]

Based on the information you've provided, it sounds like having one of your sisters sponsor your parents for PR probably won't be possible since you can expect the application to be refused on health grounds due to your father being on dialysis. Although I suppose you could give it a try provided one of your sisters meets the income requirements. If you try this, you should be prepared to receive the fairness letter (intent to refuse the application) and have to argue that your father's care in Canada will cost the health care system less than $6,500 per year. If you think there are grounds for this argument, perhaps it's worth a try to apply.

For H&C, your parents would need to be in Canada to apply (they can't apply from outside of Canada). So they would first have to come to Canada as visitors and would have to be responsible for paying for their own health care needs for a while in Canada since it takes time for an H&C case to be considered.

 

[K.Shaw]

Thank for the quick response. If my sister were to sponsor my father, I suppose it would take years many years for the application to go through. In the case of H&C, in your experience, if my parents are in Canada on a visitor visa, how long do you think the process could take for the application?

 

[scylla]

If your sister sponsors your parents, the application may be finalized within a year and a half - although I would expect longer processing times for your parents since I think your father is guaranteed to receive a fairness letter due to dialysis. Make sure you understand how this program works if this is the direction you're going in. It's now a lottery which means your sister would have to submit an online form within the next few weeks to indicate she is interested in sponsoring and then wait to see if she's selected (not everyone will be selected). Also, she will need to make sure she meets the income requirements for 2013, 2014 and 2015 to qualify as a sponsor.

Processing time for H&C cases is typically 2-3 years.

 

[Rob_TO]

Thank for the quick response. If my sister were to sponsor my father, I suppose it would take years many years for the application to go through. In the case of H&C, in your experience, if my parents are in Canada on a visitor visa, how long do you think the process could take for the application?

Also to add, H&C cases are very hard to get approved, especially when one of the applicants has an expensive health condition. Lots of this is due to discretion of the visa officer processing the case, there are no simple yes or no answers to if one qualifies under H&C.

How long have you been outside of Canada? If it's been more than 3 years out of the past 5, then you would be in violation of the RO and would also need to worry about your own PR status being revoked next time you tried to come to Canada.

There are lots of variables in your case and no certain answers to anything. The only way to know anything for sure will be to try and see what CIC's responses are.

 

[Ferna01]

Just curious did you manage to sponsor your parents or did the H&C approach work ?

 

[canuck78]

If this family did try to file H&C they would be responsible for paying medical costs until approval. Paying for regular dialysis out of pocket would be very expensive.