Could I immigrate to Canada base on my special situation?

[Artest]

Hello,
My father is a permanent resident and inside Canada.
He has no relatives in Canada except a nephew, G, and G is a permanent resident too, but G has stopped talking to him for years, even though my father tried to contact him, no answers.
Financially my father is eligible to sponsor me to immigrate to Canada depending on the lonely Canadian program request.
Based on the information above, could my father sponsor me to immigrate to Canada?
Thanks.

 

[Naturgrl]

Possibly if he is not married.

 

[Artest]

Possibly if he is not married.

Thank you for your quick response.
you mean my father or G?
My father is single and he doesn’t want to marry again.
And I don’t know if G is married or not, and I can’t get any information of his life situation.
Sweet dreams!

 

[Naturgrl]

Thank you for your quick response.
you mean my father or G?
My father is single and he doesn’t want to marry again.
And I don’t know if G is married or not, and I can’t get any information of his life situation.
Sweet dreams!

If he meets the following then it is possible. Assume his parents/grandparents are no longer alive and you are an only child. How did he get PR if you were not included?

You may sponsor one relative, related by blood or adoption, of any age, if you meet all of these conditions:

• you (the person who wants to sponsor your relative) don't have a living relative you could sponsor instead, such as a:
  • spouse
  • common-law partner
  • conjugal partner
  • son or daughter
  • parent
  • grandparent
  • orphaned brother or sister
  • orphaned nephew or niece
  • orphaned grandchild
• you (the potential sponsor) don’t have any relatives (aunt or uncle or any of the relatives listed above), who is a:
  • Canadian citizen
  • permanent resident
  • registered Indian under the Indian Act

 

[Artest]

If he meets the following then it is possible. Assume his parents/grandparents are no longer alive and you are an only child. How did he get PR if you were not included?

You may sponsor one relative, related by blood or adoption, of any age, if you meet all of these conditions:

• you (the person who wants to sponsor your relative) don't have a living relative you could sponsor instead, such as a:
  • spouse
  • common-law partner
  • conjugal partner
  • son or daughter
  • parent
  • grandparent
  • orphaned brother or sister
  • orphaned nephew or niece
  • orphaned grandchild
• you (the potential sponsor) don’t have any relatives (aunt or uncle or any of the relatives listed above), who is a:
  • Canadian citizen
  • permanent resident
  • registered Indian under the Indian Act

My father married a Canadian lady 9 years ago when they were working together in the US, and they moved to Canada later(and divorced last year). I was 25 years old when they got married. That why I was not included.

Yes, my father’s parents/grandparents are no longer alive and I am his only child.

According to the sentence, ‘you (the potential sponsor) don’t have any relatives’, does he need to explain to IRCC about his relationship with his nephew?

Thank you very much.

 

[Naturgrl]

My father married a Canadian lady 9 years ago when they were working together in the US, and they moved to Canada later(and divorced last year). I was 25 years old when they got married. That why I was not included.

Yes, my father’s parents/grandparents are no longer alive and I am his only child.

According to the sentence, ‘you (the potential sponsor) don’t have any relatives’, does he need to explain to IRCC about his relationship with his nephew?

Thank you very much.

Never hurts to include all information. Given your father married a Canadian and then divorced her, he will need to provide all documentation.

 

[Artest]

Never hurts to include all information. Given your father married a Canadian and then divorced her, he will need to provide all documentation.

Thank you so much again.
With regard to "the nephew information", do you have any specific recommendations?
My father attempted to contact him through all the usual channels: phone calls, text messages, email and facebook, but all with no luck. He feels there is no possibility for their relationship. i.e., nephew has essentially disowned him.
I wonder how best to compile various records of the above.
Any ideas would be a real gift at this pressed time, and truely appreciated.

 

[PMM]

Hi

Thank you so much again.
With regard to "the nephew information", do you have any specific recommendations?
My father attempted to contact him through all the usual channels: phone calls, text messages, email and facebook, but all with no luck. He feels there is no possibility for their relationship. i.e., nephew has essentially disowned him.
I wonder how best to compile various records of the above.
Any ideas would be a real gift at this pressed time, and truely appreciated.

1. If there is a nephew in Canada (estranged or not) he cannot sponsor you.

 

[Artest]

Hi



1. If there is a nephew in Canada (estranged or not) he cannot sponsor you.

Thank you for your response.
Could you say more about it?

 

[armoured]

Thank you for your response.
Could you say more about it?

I don't believe the claim that you cannot be sponsored if your father's nephew is in Canada is correct - but I am not certain. The site information says that if any of the 'relatives above' are already Canadian citizens or PRs, the sponsor cannot use this program - but the list refers to an orphaned nephew or niece.

This is an important distinction because the ability under the usual family sponsorship (not 'lonely Canadian' program) to sponsor a niece or nephew is limited (I believe) to orphaned relatives. The fact that a (non-orphaned) niece or nephew - particularly potentially or likely an adult - is in Canada would not seem to be disqualifying - based on the logic of the exclusions.

But I repeat I'm not certain and if it needs to be confirmed you would be well advised to do so properly through IRCC or a professional such as a lawyer. I don't know if the regulations for the program are written more clearly and that's what would need to be checked. (If it's ambiguous in the regs, one might need assistance of a lawyer anyway)

https://www.canada.ca/en/immigratio...ship/other-relatives/who-you-can-sponsor.html

 

[PMM]

Hi

I don't believe the claim that you cannot be sponsored if your father's nephew is in Canada is correct - but I am not certain. The site information says that if any of the 'relatives above' are already Canadian citizens or PRs, the sponsor cannot use this program - but the list refers to an orphaned nephew or niece.

This is an important distinction because the ability under the usual family sponsorship (not 'lonely Canadian' program) to sponsor a niece or nephew is limited (I believe) to orphaned relatives. The fact that a (non-orphaned) niece or nephew - particularly potentially or likely an adult - is in Canada would not seem to be disqualifying - based on the logic of the exclusions.

But I repeat I'm not certain and if it needs to be confirmed you would be well advised to do so properly through IRCC or a professional such as a lawyer. I don't know if the regulations for the program are written more clearly and that's what would need to be checked. (If it's ambiguous in the regs, one might need assistance of a lawyer anyway)

https://www.canada.ca/en/immigratio...ship/other-relatives/who-you-can-sponsor.html

1. If you wished to be certain, you should read the Immigration Regulations

DIVISION 1Family Class
Marginal note:Family class

116 For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

• (h) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father
  • (i) who is a Canadian citizen, Indian or permanent resident, or
  • (ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

 

[Artest]

I don't believe the claim that you cannot be sponsored if your father's nephew is in Canada is correct - but I am not certain. The site information says that if any of the 'relatives above' are already Canadian citizens or PRs, the sponsor cannot use this program - but the list refers to an orphaned nephew or niece.

This is an important distinction because the ability under the usual family sponsorship (not 'lonely Canadian' program) to sponsor a niece or nephew is limited (I believe) to orphaned relatives. The fact that a (non-orphaned) niece or nephew - particularly potentially or likely an adult - is in Canada would not seem to be disqualifying - based on the logic of the exclusions.

But I repeat I'm not certain and if it needs to be confirmed you would be well advised to do so properly through IRCC or a professional such as a lawyer. I don't know if the regulations for the program are written more clearly and that's what would need to be checked. (If it's ambiguous in the regs, one might need assistance of a lawyer anyway)

https://www.canada.ca/en/immigratio...ship/other-relatives/who-you-can-sponsor.html

Thank you for your response.
I am very grateful to you for spending time with my question.
I am new to this and still learning, and any thought and information is valuable to me.
Thank you very much.

 

[armoured]

Thank you for your response.
I am very grateful to you for spending time with my question.
I am new to this and still learning, and any thought and information is valuable to me.
Thank you very much.

I haven't checked as PMM has but it does seem the language is tighter than the page describing the program implies.

 

[Artest]

Hi



1. If you wished to be certain, you should read the Immigration Regulations

DIVISION 1Family Class
Marginal note:Family class

116 For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

• (h) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father
  • (i) who is a Canadian citizen, Indian or permanent resident, or
  • (ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

Hi friend, these got me thinking more. thank you.
Here is my understanding and wondering:
If the sponsor does not have a spouse, a child, sister or brother, niece or nephew, grandparents, uncle or aunt who is a Canadian citizen, Indian or permanent resident, he/she can sponsor a distant relative.
But the sponsor, my father, has a child.
And, the child and the nephew or niece（a relative who is a child of a child of that mother or father ）are in the same category.
I wonder when they have conflict within the same category, if we have a more detailed law to deal with it.
Anyway, this is beyond my ability to understand and deal with, we will hire a lawyer to do it.
Thank you again.

 

[PMM]

HI

Hi friend, these got me thinking more. thank you.
Here is my understanding and wondering:
If the sponsor does not have a spouse, a child, sister or brother, niece or nephew, grandparents, uncle or aunt who is a Canadian citizen, Indian or permanent resident, he/she can sponsor a distant relative.
But the sponsor, my father, has a child.
And, the child and the nephew or niece（a relative who is a child of a child of that mother or father ）are in the same category.
I wonder when they have conflict within the same category, if we have a more detailed law to deal with it.
Anyway, this is beyond my ability to understand and deal with, we will hire a lawyer to do it.
Thank you again.

1. If your father has a child who is either a PR/Canadian citizen (not you) then he can't sponsor you.
2. If there is a nephew or niece of your father, either PR/or Citizen, then he can't sponsor you.