Dear Miss Powell,
I have been reading your articles for a while, and you have inspired me to apply to live in Canada. Based on your articles, I think I would be able to apply as a Federal Skilled Worker, but I have not applied as I am currently taking care of my mother and my nephew, and I’m concerned about the application. I am their only family member as my sister died, and I do not know who my nephew’s father is. I can’t leave them alone, but I see this as an opportunity to do better in life. Can I include my mother and my nephew as a dependent on my application?
– R.A.
Dear R.A.,
Your mother and nephew are blessed to have you in their life. I understand your concerns, and I am pleased to let you know that the Canadian government recognises the need to keep families together. If you are able to qualify to come to Canada, there are several programmes that you can examine to determine the best route to ensure that your family is not separated for any extended period.
Consider meeting with an authorised Canadian immigration lawyer to guide you based on the details of your case. However, I will highlight the main factors to consider and to help you to start the discussion with your lawyer.
EXPRESS ENTRY
The Federal Skilled Worker Programme (FSWP) is one of the many programmes available to international applicants to qualify to come to Canada. The application is made via the express entry system. The express entry system is a tool utilised by Immigration Refugee and Citizenship Canada (IRCC) to accept applications from individuals who are able to qualify under programmes such as Federal Skilled Trade, the Federal Skilled Worker, some Provincial Nominee Programmes, and the Canadian Experienced Class.
Some of the factors that are taken into account are your age, work experience, skills, education, and language skills. You will also need to show that you have enough funds for yourself and your family to qualify.
WHO CAN BE INCLUDED IN THE APPLICATION?
Under the Federal Skilled Worker Programme, you are authorised to include your spouse (married, common-law, conjugal) and dependent children. A dependent child, for immigration purposes, must be under 22 years old and does not have a spouse or partner.
How old is your nephew? You did not state his age. However, let us assume that he is a minor. If so, you may formally adopt your nephew to become your child through the courts. Once this step is completed, you may include him as your child. He must be included at the outset as you will not be permitted to add him to the application afterwards.
NOT YOUR MOTHER
You cannot include your mother in your application for permanent residence under the Express Entry System. However, you have various options available to you once you have been granted permanent residence status in Canada. You have the option of first establishing yourself in Canada and then submitting a sponsorship application on her behalf.
I recognise that you may have concerns about leaving her for an extended time while you establish yourself, and so you may consider an application for a super visa. A super visa will allow your mother to visit with you and your son (assuming you have formally adopted your nephew), for up to two years at a time without leaving Canada. A super visa is also a multi-entry visa that could be valid up to 10 years.
The above information should be used as a guide to continue the discussion with your lawyer to ensure that you fully understand the requirements for each programme.
Deidre S. Powell is a lawyer, mediator, and notary public with office located in Ottawa, Ontario. Submit your questions via Email: info@deidrepowell.com. Subject: Immigration Tel: 613.695.8777: Connect with her via Zoom, Skype, Facebook, Instagram and Twitter.
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