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Can I sponsor my orphaned siblings

 

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Dear Mrs Powell,

Can I sponsor my brothers? They are 17 and 21 years old. The older one is graduating soon from university and the younger is in high school. I am a 29-year-old citizen of Canada. I live alone and have a good job, so I can afford to keep them with me. Which application should I file for them? I am more concerned about my younger brother as both of our parents have passed away. I’m sending money for them to go to school, but I would prefer them to be here with me in Canada. I hope that there is a way for me to get them to live in Canada with me. Thank you in advance for responding to my question.

– BM

 Dear BM

There are various steps that one can take to sponsor a sibling to Canada provided that all the parties involved can meet the requirements.

Canadian citizens and permanent residents may sponsor brothers, sisters, nephews, nieces, or grandchildren who have been orphaned, if the relative is under 18 years old, not married or in a common-law relationship and satisfies a few additional criteria.

In the case of your 17-year-old brother, provided that you qualify to sponsor him, you should start the application process immediately as he would need to be under 18 to qualify under this programme. Immigration Refugee and Citizenship Canada (IRCC) has a special sponsorship application available for persons who are orphans, single, and under the age of 18. Since both parents are deceased and you do not appear to have any other family in Canada, you should be authorised to sponsor your younger brother, under the family class category.

There are several documents and forms that will be required, and so you must exercise care when putting your application together. I recommend that you contact a Canadian immigration lawyer to assist you with your application and guide you about the role and duties of a sponsor. 


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OTHER OPTIONS

Although you cannot sponsor your 21-year-old brother, you have other options that may be applicable to him. You indicated that he is graduating from university soon. That is wonderful news as he maybe able to qualify under the Express Entry System. This system manages programmes such as the Federal Skilled Worker Programme, Federal Skilled Trade Programme, Canadian Experience Class, and some Provincial Nominee Programmes.

Extra points are given to individuals who have a sibling in Canada, so your brother should stand a good chance of qualifying to live permanently in Canada once he graduates from university and meets the other requirements. 

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Under the Express Entry System, each applicant is given a certain number of points based on education, age, language ability, and other factors such as adaptability and having siblings in Canada. Therefore, your brother would need to be able to prove that he has a minimum of one year work experience in a qualifying occupation, have a minimum savings of approximately C$14,000, take the required language test, and prove that his is admissible to Canada.

There is also the option to attend school in Canada and then applying to become a permanent resident under the Express Entry System via the Canadian Experience Class. I think it is best to book a Zoom meeting with an immigration lawyer where all three of you can discuss the application process for each of your brothers.

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Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaica and Ontario Law Society. Her areas of practice are in immigration, real estate, estate planning and administration of estates. She is on the roster of mediators for Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. Connect with her via www.deidrepowell.com, Facebook, Instagram and Twitter.

 

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