Sponsoring Parents with Medical Issues

2008-02-18

There are often challenges in sponsoring parents for permanent residence, as parents are older and in many cases suffer from medical conditions. Any medical condition that might cause “excessive demands” on Canada’s health care or social service system will render that person inadmissible.

However, one way to overcome this inadmissibility is to apply under humanitarian and compassionate grounds. Here’s a summary of a recent case from the Immigration Appeal Division on a parent who was medically inadmissible, but permitted entry to Canada under compassionate grounds:

The sponsored application for permanent residence of the appellant’s parents was refused on the basis that her father, who suffered from osteoarthritis of the knees and left hip, was medically inadmissible. The appellant did not challenge the legal validity of the refusal. Her father had recently had knee surgery which had improved the state of his osteoarthritis, and no hip surgery would be required in the near future. While he walked with a limp as a result of an old injury, he was agile and active. The appellant was emotionally attached to her parents and was willing and able to pay costs. Little weight was given to this willingness, given the existence of universal health coverage. However, the costs associated with osteoarthritis, while excessive, are not inordinate. Taking into account the best interests of children directly affected by the decision, there were sufficient humanitarian and compassionate considerations to warrant granting special relief in light of all the circumstances of the case. Chana, Balwinder Kaur v. M.C.I. (IAD VA6-01197)

About the author

Gianpaolo Panusa Gianpaolo Panusa is a Canadian immigration lawyer, writer, and founder of the PanCanadian Immigration Law Group based in Vancouver, Canada. Google+ Profile

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