Super Visa and Sponsorship Questions. Difficult Case.

[Raptors20]

I appreciate all help given, as it would make a huge difference in me being able to be together with my family.

This past summer, my dad passed away and it left my mother and sister alone in India. My mother is 78 years old and my sister is 35 but she is autistic. My family's greatest fear is that if my mother passes away, my sister who is dependent on her will be all alone. We have talked to some immigration lawyers and officers and they have said that it will be tough to bring my sister to Canada. But there is no other family there and with her disabilities, it would be extremely hard for her to survive.

My parents and her came to Canada here in early 2000s and were not accepting money from the government, until family issues came up and they needed to. They were later forced to leave, so this would not be my mother or sister first time coming to Canada. I do not know how that will factor into them coming her again, but I just thought I would let you guys know.

I feel like Super Visa is the best choice for my mother and eventually maybe sponsor her and get PR. But my sister is the tricky issue, I do not know how the government will see her, as they might think expensive costs for them and since she is older than 18, it is looking tricky. My mom has property and receives pension, so they have enough funds to fully take care of themselves, as well.

My situation may be one of the most rare cases, but I know that my mother only has so little time, so I really want my sister to live with my in Ontario.

Once again, thanks.

 

[scylla]

Unfortunately you're most likely in a catch-22 in terms of your sister.

In order to include her as a dependent in your mother's PR application, you would have to prove she is completely dependent on your mother (i.e. can't work, live alone, take care of herself on her own). However if you end up proving this, it's quite possible the entire application will be refused since CIC will assess that your sister will likely place excessive demands on Canada's social care / health care systems.

Your mother can certainly apply for a super visa. However dependents cannot be included in super visa applications. Your sister would have to apply for a regular visitor visa separately.

When you say they were forced to leave Canada - what do you mean by that? Do you mean that circumstances forced them to leave on their own? Or that Canada made them leave for some reason? Were they previously PRs?

 

[Raptors20]

My sister does not take any medication at all, I am sure a doctor in India can prove that she provides no burden when it comes to health care. Her autism is very mild. My mother rarely has to pay any medical costs. Should my sister have their property in India in her name as well?

In a sense, they were not forced to leave, but since they could not get extension for visa and were taking money from the government. If they stayed for full 5 years without taking a dime from government, they would of got immigration. But since they ended up having too, the government did not extend.

If I do super visa for my mother and do visitor visa for the sister and then get an application running for family class sponsorship for her, would she have to leave Canada after visitor visa expired, even if the PR application is in process? Because when I was immigrating to Canada, my visitor visa expired but since my immigration was being processed, I could not leave.

Thank you.