Can my Grandmother Sponsor Me?

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Dear Miss Powell,

My grandmother is a citizen in Canada and would like to sponsor me to live with her in Canada. I am 16 years old my mother died last year. My grandmother has been sending money for me to stay with a family friend and finish up high school which I will finish soon. She wants me to get the information about how she can sponsor me as she would like me to live with her and go to college there. What documents do we need to apply?

AM

Dear AM,

I am sorry to hear of the loss of your mother and I am glad that you have the support of your grandmother in Canada. There are several ways that citizens and permanent residents of Canada can assist family members to move to Canada permanently. This is provided that all the parties involved can satisfy the conditions set under the immigration laws of Canada.

Sponsorship options

Your grandmother may be able to sponsor you under two main categories under family sponsorship. First, if you are orphaned and she can prove that you are related by blood or adoption, she may sponsor you. Second, if your grandmother can prove that she does not have any other close relatives in Canada, who is a citizen or permanent resident and that there are no other close relatives that she could sponsor instead, such as a child, sister, brother, parent or grandparent; then she can sponsor you.

She will need to provide evidence that both your mother and father have passed away, that you are under 18-years-old and not married and not in a common-law relationship. The documents you would need are your birth certificates and the birth certificate and death certificate for your mother.

Additionally, your grandmother will be required to produce evidence that she will be able to take care of you in Canada. She will be required to produce documents that reflect her financial resources for the last 12 months and prove she is financially able to sponsor you under the category of family class.

She will be required to undertake to the Government of Canada that she will be responsible for your care and protection and that you will not need the assistance of the government for the period stipulated. The undertaking is an unconditional promise of support to you. This includes taking care of your food, housing, education and all your personal needs.

You did not state your grandmother’s age and medical condition, but you must both bear in mind that if your situation, or that of your grandmother changes during the period of undertaking, the duty will remain. For example, if your grandmother becomes ill and is hospitalised, if either of you get married or divorced, these circumstances do not cancel the undertaking. The undertaking will also remain in effect even if your grandmother’s financial situation deteriorates significantly.


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Critical Factors

Other critical factors are that your grandmother cannot be receiving social assistance for any reason other than disability. She cannot be an un-discharged bankrupt, under a removal order, or be imprisoned.

You did not say anything about your father. Where is he? Is he still alive? Is he in prison? The whereabouts of your father will be a critical factor, as the rules are that if one parent is alive and no one knows where he is, or he has abandoned you, then this could be a bar to the application. Another important factor is that you cannot be deemed inadmissible to Canada.

The requirements for family sponsorship are very strict, but there could be other options such as adoption, study permit or a special application based on humanitarian and compassionate grounds.

I strongly recommend that your grandmother contacts an authorised immigration lawyer and provide additional details about your background and current situation, so that you can be advised of the best option for you to come to Canada. Stay safe.


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Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, commercial, family, mediation and administration of estates. Email: info@deidrepowell.com. Find her on Facebook, Instagram or twitter or via www.deidrepowell.com Telephone 613.695.8777