I, Ana Reyna Davila Ruiz, of the City of Vancouver in the Province of British Columbia, DO SOLEMLY SWEAR TO THE FOLLOWING:

1. My name is Ana Reyna Davila Ruiz. I am a 68-year-old citizen of Nicaragua, born in Jinotepe, Carazo, on November 27, 1955. I am the principal applicant in this matter and am therefore knowledgeable of the matters hereinafter deposed to.

2. I arrived in Canada in October of 2021 after I was granted a 5-year super visa.

3. I live in Vancouver with my daughter, Maria de Pilar Ruiz Davila ("Pilar"), my eight-year-old grandson Jos Antonio Lorca Ruiz ("Jos Antonio"), and my five-year-old granddaughter Maricarmen Lorca Ruiz ("Maricarmen"). Whenever I have stayed in Canada since entering in 2021, I have lived with Pilar and her family.

4. My daughter and I have always had a close relationship. I had raised Pilar and her three siblings by myself after their father left us when Pilar was seven years old. I was educated, as I had gone to college to become a teacher, and I had a career teaching elementary school. I taught my daughters to be independent, and to have careers for themselves. This was why Pilar went to university, too, and wanted to be independent like I was. I was also a caring mother, and I always welcomed my children, including Pilar, to talk to me about her problems. I have always had a strong relationship with my daughter, and she lived with me in Jinotepe, Nicaragua, before leaving Nicaragua.

5. My daughter arrived in Canada in 2017. She fled from Nicaragua because she feared her violent and abusive ex-boyfriend, who was also a police officer. When she arrived in Canada, she claimed refugee status, and her claim was granted. She was five-months pregnant at the time. It was hard for me. I was so sad, and I was scared for her. She was going to Canada by herself, five- months pregnant, and I prayed to God to keep her safe during the pregnancy. I knew that she had to leave to save my future grandson's life, and I was happy that she would be safe in Canada and would escape the threat of her abuser. However, the separation was still so hard. I was worried about her living in another country, with another culture, and a different way of life. I often cried out of sadness over my daughter's departure, and I was sick with grief.

6. Even with the support of family, I grieved. My sons reassured me that Pilar had to leave Nicaragua so that she would be safe from her abuser. I appreciated the necessity of her departure from Nicaragua; however, I still suffered because of our separation. I even had to be treated at a hospital for the emotional problems I struggled with after Pilar left. I missed her every day.

7. I talked to Pilar every day. She kept insisting that she was doing well, that people in Canada were very kind, and that there was no danger in Canada and that I shouldn't worry. Even though my daughter continued to reassure me that Canada was safer and that there were people here who were helpful towards her, I was worried for her as she went through her first pregnancy. I was concerned about her because I knew it would be difficult for her to go through her first pregnancy alone in a new country, without the support of family like me.

8. In 2018, my daughter married Joaquin Luis Lorca ("Joaquin"). Joaquin was a caring father and a hard worker. He adopted Jos Antonio. He was employed full-time while attending classes at the BC Institute of Technology to be a heating technician. Meanwhile, my daughter stayed at home as a mother to Jos Antonio. I was glad that my daughter had found a supportive husband and that she had made the decision to start a family of her own in Canada.

9. In January of 2019, when Pilar gave birth to her daughter Maricarmen, she found out that her daughter was diagnosed with congenital hypothyroidism and would have to take medication every day for the rest of her life. She began to suffer from post-partum depression. This was when she finally confessed to me about the difficulties she was having in Canada, including her depression and the post-partum depression she suffered from after finding out about Maricarmen's health condition. Her depression was overwhelming. I wanted to visit my daughter to help her. I applied for a temporary resident visa that same year so that I could look after her and my granddaughter, but the application was denied. I tried two or three times more, but I kept getting refused. I became upset that I wasn't able to come to Canada to care for my daughter and my granddaughter, because I was concerned that she needed my help. 10. I didn't apply for permanent residence at this time, nor would I consider permanent residence until November of 2020, because I needed to continue working until I reached retirement age. In Nicaragua I would receive a pension from the government when I had worked for 30 years and when I had reached the age of 65, which would happen in November of 2020. I had to work until I was able to receive a pension. That way, I would continue receiving an income and I could support my family.

11. Even though Pilar was still married to Joaquin at this time and their relationship was a happy one, my daughter needed extra support from me. She told me that she had experienced complications from her C-section after giving birth to Maricarmen, which meant that she was having difficulty getting enough sleep. Her husband was supportive, but because Joaquin was working so often, Pilar often found herself looking after Jos Antonio and her new baby, Maricarmen, by herself. The circumstances of her family life, which included her husband's busy work schedule, her young son, and her daughter's health problems, overwhelmed her.

12. Pilar's responsibilities as a mother were exacerbated by her daughter's health complications. Not only did Pilar have to care for a baby, she had to care for a baby who required medication given with a syringe, every single day, which was a struggle for her. Pilar had to be cautious about ensuring that her baby took the right amount of medication, she had to make sure that the medication was given on a schedule, she had to take her daughter to the doctor for blood tests regularly. She had to cope with other challenges, as Maricarmen's illness involved numerous stays in the BC Women and Children's Hospital in Vancouver because of complications. It was hard for my daughter to deal with this without my support.

13. There was a profound emotional component to the difficulties of caring for her daughter. Pilar was obsessed with making sure that she was doing a proper job of providing her daughter with all of her required medical treatments, and she constantly worried about whether she was doing the most that she could to ensure that her daughter was developing regularly. Even though doctors told Pilar not to worry because Maricarmen would have a normal life apart from having to take medication every day, I know that my daughter was consumed by Maricarmen's health condition and didn't have my support or help with the responsibilities involved. She was plagued with guilt, too, worrying that she had done something wrong during her pregnancy. The guilt and worry worsened her pre-existing mental health problems. I knew that these challenges made everything else in her life, even minor responsibilities, difficult for her. She struggled with day-to-day tasks. Life was overwhelming for her.

14. Joaquin was helpful during this time, but I knew that Pilar needed her mother to care for her, both for an extra hand around the house and for emotional support. She would especially need someone during the day when Joaquin was at work and she was home alone, grappling with family responsibilities by herself. Throughout Pilar's first years in Canada, when she was going through her first pregnancy alone and now she was struggling with post-partum depression after the birth of her daughter, I had wanted to come to Canada to support her in person. I knew that Pilar needed me now more than ever. I began planning for visits to Canada, intending to go to Canada to help Pilar and my grandchildren, at least once or twice a year, when I was finally granted a visa.

15. In April of 2020, tragedy struck. Joaquin had a stroke. My daughter had built a life for herself and her husband, but Joaquin's stroke turned it upside down again. Without me, or any other family in Canada, to help her, this was another trial she needed to overcome by herself. Joaquin was unable to recover, so he could no longer work, and he had limited involvement in caring for the children. Pilar was now caring for Joaquin and both her children. She took him to medical appointments while balancing her other responsibilities. She eventually lost her job, unable to care for him and her family while also staying employed. His health situation did not seem to improve. 16. In June of 2020, Canada granted me a travel visa for the period of a month and a half. My daughter was happy to see me, and I was overjoyed to see her. I was excited to meet my grandchildren, Jos Antonio and Maricarmen, for the first time. With Joaquin debilitated by his stroke, my daughter was effectively alone and therefore grateful to have me as a companion. I helped with housekeeping, cooking and preparing meals, and looking after the children. While she was depressed and overwhelmed by the responsibility of caring for my grandchildren and my son-in-law, my daughter had struggled to keep up with daily household tasks. When I arrived, I helped her catch up on housekeeping duties that she had struggled with doing herself, as she had no one else to help her. This practical help around the home improved my daughter's well-being, as she didn't have to live in a cluttered, messy apartment that she didn't have the energy to clean up. She also had someone to help prepare meals for her family, so she didn't have to worry about coping with that task alone, either. I assumed the role of another parent to help lessen the burden that Pilar was overwhelmed by.

17. I did not stay in Canada permanently at this time, nor did I apply for permanent residence or look into it, because I wanted to continue working until retirement so that I would be able to provide financial support to Pilar if she needed it I knew that my daughter needed my help, and I would have been happy to live with my daughter permanently, but I could not afford to give up my income, especially when I was so close to retirement and a full pension.

18. By 2021, I was retired and I applied for and finally was granted a super visa, from October 2021 to September of 2026. My application for a super visa was approved because Joaquin wanted me to be able to visit Pilar, so he included his financial information with hers to show that, together, they could financially support my visit. Because he could no longer work after his stroke, Joaquin had received a lump sum payment from Work Safe BC, so this source of funding was referenced in their application. My daughter was receiving disability payments during this period, too, because of her mental illness. When they combined their Notices of Assessment and submitted them with the application for my visa, they could show that they were able to financially support me during this visit.

19. I arrived in Canada in October of 2021. I lived with Pilar in Vancouver helping with childcare and daily tasks as I had done in the summer of 2020. I briefly returned to Nicaragua in February of 2022 to visit family there, including my 26-year-old daughter, Dolores, who lives in Managua. I also have a son, Pepe, who also lives in Managua. My other son Miguel lives in Germany and is married with his own family and a life there.

20. While I was in Nicaragua in February of 2022, Joachim had another stroke. I returned to Canada immediately to be with Pilar and the children. Joachim passed away soon after this second stroke. Pilar was devastated by his death. I provide emotional support to Pilar daily. She struggles with depression and anxiety, and she also has diabetes. I remind her to take her medication every day, and also to go to doctor appointments to treat those medical problems. My daughter struggled to keep track of those basic routines due to the severity of her depression, so it was helpful for her that I kept track of the treatment that she needed and ensured that she took care of herself rather than neglecting herself.

21. My daughter has also found solace in my personality. I am very hopeful and optimistic, starting every day with a smile to encourage her to see through the darkness of her depression. I know that on some days, my daughter is overwhelmed and she feels that there is no hope for her future. Just having me around, with my courage and my determination to make the most of every day, has helped my daughter find strength in herself. My daughter told me that my joy is contagious, and my jokes about her situation have helped her see the positive side of things.

22. I also know that I have had an important impact on my daughter and her children because I have inspired my daughter to set goals for herself, which means that Pilar will be less focused on her depression and her sadness over the hardship she has experienced and more focused on figuring out how to build a future for herself and her children. 23. On a day-to-day basis, I help Pilar with her children. I used to be an elementary school teacher and I raised four children myself, so I am able to draw from that experience to act as a parent figure for my grandchildren. I have started teaching them Spanish, for example, so that they have that connection to our family's cultural background. Because I value education and want my grandchildren to do well in school, I make sure that they have completed their homework. Their mother has noticed that my help has improved their performance as students, both in terms of behaviour and how well they understand the material.

24. Just as I have motivated Pilar to expect more from herself, I have encouraged my grandson to become more organized. I get him to clean his room and take on some household responsibilities. As part of my involvement in the children's daily routine, I prepare lunch for the children and help with laundry. I take the children to the library and other activities, which Pilar has sometimes been unable to do because of her depression and poor health. I drive Pilar and the children to activities, and also to their medical appointments. I supervise Maricarmen's regime of medical appointments and medication. It is a relief for Pilar to have this assistance with daily tasks. Pilar would not be able to afford to hire someone to help her with cleaning and childcare, so I provide a source of practical assistance that she would not have otherwise.

25. In addition to those routine tasks, I have provided assistance to Pilar when Maricarmen needed medical attention. This seemingly small task has had a positive impact on the family. When I'm able to babysit Jos Antonio, Maricarmen's medical appointments are less disruptive to their lives than they were when Pilar was on her own. Back then, she would have had to take both her children with her to the doctor at the same time, which was stressful.

26. I have an excellent relationship with my grandchildren. Especially since the loss of their father, they appreciate having me around to act as a second parent. According to my daughter, my children have become more organized now that I am involved in their lives, compared to what they were like before. They put more care into their appearance, they are more thoughtful about their schoolwork, and their rooms are cleaner. Their lives are much more structured now.

27. Before I lived in Canada, according to my daughter, the children were undisciplined and spoiled. According to Pilar, she felt guilty about the hardship they had experienced, and she compensated by not disciplining them, which led to her children having poorer performance in school and having other behavioural problems. Since I have lived with them in Canada, though, I have recognized that the children need more structure and discipline. They behave now to earn privileges, so they have developed better habits.

28. My influence is especially important now that the children are getting older, and the structure I am able to enforce and the expectations that I am able to set for the children are now more critical to their development.

29. My positive impact on the children's development is shown through hobbies the children have now, which they would not have been involved with if Pilar were coping on her own. Now that I am in Canada helping Pilar, the older children are able to take music lessons. Maricarmen takes piano and recorder lessons, and Jos Antonio takes guitar lessons. I am an experienced musician myself, and I help them to learn music, and I teach them Nicaraguan folk songs so they can know their culture. My grandchildren are also setting goals for themselves, too. My granddaughter, for example, has told me that she wants to be an elementary school teacher like me when she grows up.

30. I have also developed ties to Canada outside of my family. I am involved in the Nuestra Seora de los Dolores church. It is a Catholic church in our neighbourhood in East Vancouver that has a large Spanish-speaking congregation, and which hold masses in Spanish every Sunday. I have met friends through this church, and now these friends are like family to me. I volunteer with the church, helping to clean it and prepare the linens and floral arrangements for mass. On the first day of every month, I help to prepare the meal and serve it, along with coffee, to congregants during a lunch that is hosted by the church following church service. I am also involved in a senior group through the church. Through this group I meet with other seniors for coffee and visit Vancouver landmarks like the Art Museum and the Botanical Gardens. I enjoy finding a group that helps each other and provides services to others. God is an important part of my life, so I am glad to have found a community in which I can pursue my faith while developing ties to my faith community here in Canada. 31. On Mondays and Fridays, at the Mennonite Central Committee on Commercial Drive, I take English classes. I enjoy it. I like the environment, and I feel confident that I am learning the language so that I can communicate with others in Canada.

32. If I had to return to Nicaragua, I do not know how my daughter would manage her children's education, discipline, and overall upbringing. My daughter might not be able to push them to have a better future for themselves. With Pilar's mental health struggles, she needs my support to uphold that structure and discipline in her children's lives. Her anxiety and depression prevent her from keeping track of obligations or remembering important tasks, so she would struggle to raise her children by herself.

33. My daughter also needs my support for herself. Pilar is alone, without support in Canada, so she does not have anyone close to her to rely on for advice and support. She needs me, both for her children and for her own well-being. If I am able to stay in Canada as a permanent resident, I can provide this support. I pray to God that I am able to stay in Canada with my daughter. I would be devastated if I had to leave her here alone, after all she has been through and after seeing how much my presence has helped her. I hope that God's grace will permit me to remain in Canada with my daughter.

34. I am able to financially support myself with a monthly pension of $1246.46. I started receiving this pension in January of 2021, after qualifying to receive this pension in November 2020. Now that I no longer earn an income from teaching, I support myself with this pension. Pilar receives disability benefits, but since the death of her husband, she does not meet the income requirements to sponsor me under the Family Class.

35. I make this affidavit in good faith and for the purpose of my application for permanent residence on humanitarian and compassionate grounds, and for no other improper purpose. Based on the above content from an affidavit, use legal reasoning and legal writing structures, provide me a:

1. Identifies your client's goal, gives a brief summary of the relevant facts of their case, and provides an outline of your argument

2. A statement of the central legal issue and a brief summary of the relevant H&C factor that you have identified, drawing from the relevant law and policy.

3. The legally relevant facts raised in your client's affidavit that support your argument

4. Your argument (including applying the law and policy that you know to the facts you have identified) as to the reasons the H&C exemption should be granted.