Skip to main content

Immigration Corner | Can my brother sponsor me?

 

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.
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.

Comments

Popular posts from this blog

Immigration Corner | What is an Authorisation to Return to Canada?

Immigration Corner | What is an Authorisation to Return to Canada? : Dear Miss Powell, I used to live in Canada, but I was sent home. My cousin is getting married and I have an invitation to attend the wedding. Can I reapply for a visitor’s visa? What are the chances of my application being successful? Thank you Dear WW, A foreign national who has contravened the Immigration and Refugee Protection Act (IRPA) and its regulations can be the subject of a removal order from Canada and may need to apply for an Authorization to Return to Canada (ARC), and a Temporary Resident (visitor’s) visa. The success of your application depends on the reason that you were “sent home”, the type of removal order that was issued against you, the length of time that has passed, as well as your current social and economic situation. At the time of your departure from Canada, did you notify the Canadian Border Services Agency? Did they give you a letter confirming your departure? You should have received...

Can my boyfriend sponsor me

Dear Miss Powell, I am a Jamaican citizen and I live with a man who is a Canadian citizen, even though he was born in Jamaica. We have been living together for the past two and half years in Jamaica and we own a small business. We buy and sell household goods and small appliances. He usually goes to the USA and Canada to buy the stuff for the store, and I manage the store. I asked him if he could sponsor me, as I would like to go back to college to certify as a nurse. I see where that kind of job pays well. I have the subjects, and it has always been my dream. He said that he won’t be able to sponsor me since he hasn’t lived in Canada for over four years, and he doesn’t even pay taxes there anymore. Is this true that he can’t sponsor me? What information could we provide them to qualify? Looking forward to your response in The Gleaner. Thank you. JO Dear JO, Canadian citizens may be able to sponsor a spouse, common-law or conjugal partner, even if they are living outside of C...

Canadian Citizenship as a Wife

Dear Ms Powell, I am engaged to someone in Canada. What are the requirements to get Canadian citizenship? Do I get citizenship automatically after marrying a Canadian citizen? What if our child is born outside of Canada will our baby get citizenship as well? We just need to know these things as we plan our future together. Thank you for your time. A.C. Dear AC, Congratulations on your engagement. You will not automatically get Canadian citizenship, just by marrying someone in Canada, but there a steps to acquiring same. The critical question is what is your fiancé’s legal status in Canada? Is he a visitor, student, worker, permanent resident, or Canadian citizen? If you get married to a permanent resident or Canadian citizen, you will not automatically get Canadian citizenship. However, there are steps that you can take to acquire Canadian citizenship. Sponsorship Application A Canadian citizen or permanent resident can apply to sponsor his spouse or common law/ conjugal...