IMMIGRATION: Disabled sponsor faces delay in bringing mom
IMMIGRATION: Disabled sponsor faces delay in bringing mom
Q. Since I had my stroke in 2002 my family from back home, especially my mom, have been my sole care takers. Unfortunately, the stroke left me with substantial disabilities and in need of family support.
As I am not married and my mom is the only person who can provide the help I need on a regular basis, I am wondering if there is a way she can get permanent residence status so that at least she can travel without every time going through the exhausting visa process. My mom has children and grandchildren back home and needs to be there too. I am on a disability support program and can’t support her. What can I do before my mom loses all of her livelihood for my sake?
A. To sponsor your mom you would have to have sufficient income to support her and any of her accompanying family members. Your disability income will not be counted. In fact, those receiving “social assistance” are normally barred from sponsoring a relative. However, this ineligibility doesn’t apply where the assistance is necessitated by a disability.
Although you are not barred from sponsoring, you must still meet the income requirements. According to the immigration departments manual “The ability to meet the minimum income requirement is mandatory”. Your medical situation will not excuse you from this requirement as “discretionary approval of financial requirements is not possible”.
Accordingly, CPC Mississauga will reject you as a sponsor. Therefore, when you submit the application you should request that your moms’ application be processed overseas notwithstanding your ineligibility. Your mom should include extensive evidence of your condition and the absence of support for you in Canada. She should request, on humanitarian grounds, an exemption from the requirement of having an eligible sponsor. If the visa post rejects the request, which is quite possible, you can appeal the decision to the Immigration and Refugee Board on humanitarian and compassionate grounds.
Processing times are estimated as follows:
Stage Months
CPC Mississauga: 33
Visa Post: 26-39
Appeal (If necessary): 12-18
Post-Appeal Processing: 4-6
Total: 75-96
Assuming the visa post approves the request, it will take approximately 5-6 years to get your mom landed or up to 8 years if an appeal is necessary and successful.
In the interim, your relatives should never overstay their status as this will imperil their ability to get further visitors visas.
Given the limits of this space, I would urge you to call me for suggestions on bridging or reducing this enormous expanse of time.
———
Guidy Mamann practices law in Toronto at Mamann & Associates and is certified by
the Ontario Law Society as an immigration specialist. Reach him at 416-862-0000.
Confidential e-mails may be directed to Mr. Mamann at metro@migrationlaw.com or philreporter@immigration.com.
Comments (0)