Dear Miss Powell,
I am a 30-year-old teacher. My brother is a permanent resident in Canada. He doesn’t have a Canadian passport yet, so can he sponsor me?
– B.G.
I am a 30-year-old teacher. My brother is a permanent resident in Canada. He doesn’t have a Canadian passport yet, so can he sponsor me?
– B.G.
Dear B.G.,
Canada has a very generous immigration system focused on uniting family members and, at the same time, meeting the employment demands. The rules relating to sponsorship of family members have changed over the years, thus making it a little more challenging for siblings to sponsor each other, unless they can demonstrate that they qualify under the new rules for sponsorship under the Family Class.
SPONSORSHIP OF SIBLINGS
Your brother would only be able to sponsor you in certain specific situations, if you can both satisfy the requirements.
First, your brother would be able to sponsor you under the Family Class category, and the requirement is that sponsorship of family members over 18 years old may be sponsored if he is single and does not have any other relative living in Canada. That is, he must not have a spouse, common-law partner, conjugal partner, or any other qualifying relative who is a Canadian citizen, a permanent resident, or whom he could sponsor as a member of the Family Class.
The second option (although not applicable to you) is if you were under 18 years of age, an orphan, not married or in a common-law relationship, then your brother could sponsor you, provided that he qualifies as a sponsor.
Another important factor is that your brother must be over 18 years old and able to take care of you financially. He must produce evidence that he has an income that meets or exceeds the minimum necessary income, based on the annual Low-Income Cut-offs table published by the government of Canada. He will be required to produce documents that must reflect his financial resources for the past 12 months and prove he is financially able to sponsor you as a member of the Family Class.
There are several other qualifying factors. Your brother cannot be receiving social assistance for any reason other than disability. He can’t be an undischarged bankrupt, be under a removal order, detained in a penitentiary or prison, to name a few of the requirements.
FEDERAL SKILLED WORKER
If your brother is not eligible to sponsor you under the family class category, then the next step is to evaluate whether you qualify to apply to become a permanent resident independently under the Federal Skilled Worker category of the Express Entry System. You will be granted additional points for having a brother in Canada.
The requirements for self-sponsorship are different, as under this category, you will need to prove to the Canadian government that you are able to financially support yourself in the absence of a valid job offer. If you are able to get a valid job offer, then you may also apply for a work permit, and later apply for permanent residence.
There could be other options available to you, so I recommend that you and your brother contact a Canadian authorised immigration lawyer to assess your eligibility and to advise you of the best option for you.
Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada law societies, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, family, mediation and administration of estates. Email: info@deidrepowell.com. Subject line: Immigration. Call 613-695-8777.
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