Sponsoring sister with learning disabilities

[fay91]

Hello,
I’m a single woman currently applying for Express Entry. Once I’m settled and employed, I’d like to work towards sponsoring my parents, who are both retired and healthy.

My worry is about my sister, who is in her mid-20s and has learning disabilities - she has poor comprehension and is completely dependent on my parents. She is physically healthy, does not take any medication and would not be an excessive burden on the medical system, however she is dependent on us to support and protect her.

Do I have a case based on H&C grounds? I was told I need a specialized attorney to help with this case. If I can prove that she can be fully supported by myself and my parents, with no costs to the taxpayer, is there hope I can sponsor her? I’m just wondering if there are cases like hers that were successful.

Thank you.

 

[canuck78]

Hello,
I’m a single woman currently applying for Express Entry. Once I’m settled and employed, I’d like to work towards sponsoring my parents, who are both retired and healthy.

My worry is about my sister, who is in her mid-20s and has learning disabilities - she has poor comprehension and is completely dependent on my parents. She is physically healthy, does not take any medication and would not be an excessive burden on the medical system, however she is dependent on us to support and protect her.

Do I have a case based on H&C grounds? I was told I need a specialized attorney to help with this case. If I can prove that she can be fully supported by myself and my parents, with no costs to the taxpayer, is there hope I can sponsor her? I’m just wondering if there are cases like hers that were successful.

Thank you.

The big issue is the fact that it doesn’t seem like she will be able to support herself financially or live independently. Once your parents pass or are too ill to care for her there is no way to enforce that you would have to care for her. There is around a 20 year wait for adults with disabilities to live in a group home. She would also likely apply for disability payments and never be able to earn her own income. We actually don’t know what the program will look like in 3 years which is another factor. Not sure how this is an H&C case. Your parents and sister have lived in your home country their whole lives and should be planning for her future. Should warn you that she may have difficulty getting a TRV because of her lack of strong ties and likely savings.

 

[scylla]

Hello,
I’m a single woman currently applying for Express Entry. Once I’m settled and employed, I’d like to work towards sponsoring my parents, who are both retired and healthy.

My worry is about my sister, who is in her mid-20s and has learning disabilities - she has poor comprehension and is completely dependent on my parents. She is physically healthy, does not take any medication and would not be an excessive burden on the medical system, however she is dependent on us to support and protect her.

Do I have a case based on H&C grounds? I was told I need a specialized attorney to help with this case. If I can prove that she can be fully supported by myself and my parents, with no costs to the taxpayer, is there hope I can sponsor her? I’m just wondering if there are cases like hers that were successful.

Thank you.

None of us can tell you for certain what the outcomes will be. Acceptance is possible and refusal is possible. You can certainly try including her as a dependent in the application to sponsor your parents and hope for the best.

I would recommend that you hire a good immigration lawyer (not a consultant) to help you put your application together and give you the highest chances of success. It's going to be critical that you have a strong application. Expect this to set you back around $3-$5K for a reputable lawyer.

Note that based on current rules, it will be at least three years from the time your settled and employed before you will qualify to sponsor your parents.

 

[fay91]

The big issue is the fact that it doesn’t seem like she will be able to support herself financially or live independently. Once your parents pass or are too ill to care for her there is no way to enforce that you would have to care for her. There is around a 20 year wait for adults with disabilities to live in a group home. She would also likely apply for disability payments and never be able to earn her own income. We actually don’t know what the program will look like in 3 years which is another factor. Not sure how this is an H&C case. Your parents and sister have lived in your home country their whole lives and should be planning for her future. Should warn you that she may have difficulty getting a TRV because of her lack of strong ties and likely savings.

Thank you for your answer - I do understand that this would be a concern for the government. My parents live in a country that is politically and economically unstable, unfortunately, so it has hindered their quality of life and ability to plan ahead properly. I was wondering if her case qualifies as H&C since she cannot live independently without my parents and myself, and is vulnerable to being taken advantage of or harmed if left completely alone.

If my parents pass away or are too ill to care for her in the long run, could I qualify to be her legal guardian? I am fully committed to caring for her, even when I get married.

None of us can tell you for certain what the outcomes will be. Acceptance is possible and refusal is possible. You can certainly try including her as a dependent in the application to sponsor your parents and hope for the best.

I would recommend that you hire a good immigration lawyer (not a consultant) to help you put your application together and give you the highest chances of success. It's going to be critical that you have a strong application. Expect this to set you back around $3-$5K for a reputable lawyer.

Note that based on current rules, it will be at least three years from the time your settled and employed before you will qualify to sponsor your parents.

Thank you so much. So it's not absolutely impossible for these kinds of cases to be accepted based on compassionate grounds? I've already started reaching out to Canada-based immigration lawyers specialized in H&C cases to assess the situation. I am willing to handle the costs as it's very important for me to make sure my sister isn't left behind.

 

[Buletruck]

Keep in mind they would need to be in Canada for any sort of H&C application.

 

[scylla]

Thank you so much. So it's not absolutely impossible for these kinds of cases to be accepted based on compassionate grounds? I've already started reaching out to Canada-based immigration lawyers specialized in H&C cases to assess the situation. I am willing to handle the costs as it's very important for me to make sure my sister isn't left behind.

To file an actually H&C application, your sister would need to be physically in Canada. I don't see an H&C application being successful since she currently has no history of living in Canada and is being taken care of by your parents in her home country. I think you best bet is to wait until you qualify to sponsor your parents and then include her in the appplication as a dependent.

 

[canuck78]

The big issue is that there is no way to enforce that you will care for her, support her financially and not apply for things like disability payments. You are getting ahead of yourself. We have to idea what the PGP program will look like 3 years from now. There is never a guarantee that someone can sponsor their parents and with a lot of demand for a small amount of spots getting selected after 3 years is far from a guarantee. If you have the opportunity to apply and want to include your sister I would work with an immigration lawyer.