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Brother immigration

Emrose

Star Member
Nov 9, 2020
129
50
Hi
My brother is out of status from one year. He is living with his GF in Canada since 1 year. She is on study visa. Can my brother get any status if his GF sponsor him and what kind of sponsorship it can be?

I have applied for PR under H&C. Can I add him in my file as dependent?
 

canuck78

VIP Member
Jun 18, 2017
53,267
12,859
Hi
My brother is out of status from one year. He is living with his GF in Canada since 1 year. She is on study visa. Can my brother get any status if his GF sponsor him and what kind of sponsorship it can be?

I have applied for PR under H&C. Can I add him in my file as dependent?
Is he out of status or on a study permit? His GF can sponsor him as common law if they can prove they have been living together for 1 continuous year. It is a large commitment so his GF will need to want to sponsor him. There will of course be more scrutiny of his relationship if he is out of status but sponsorship by a common law has a better chance of approval versus H&C. He is not your dependent. How did you both end up in Canada without status?

Edit: The GF doesn't seem to have status in Canada so sponsorship isn't possible. He would need status before applying for SOWP which isn't guaranteed for spouses of international students.
 

scylla

VIP Member
Jun 8, 2010
93,663
20,949
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi
My brother is out of status from one year. He is living with his GF in Canada since 1 year. She is on study visa. Can my brother get any status if his GF sponsor him and what kind of sponsorship it can be?

I have applied for PR under H&C. Can I add him in my file as dependent?
You cannot add him to your H&C application.

He cannot get any relief from his GF while she is on a study visa. If and when she applies for PR, she can include him as a dependent in her application provided they are either married or have lived together for at least one full year.
 

scylla

VIP Member
Jun 8, 2010
93,663
20,949
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is he out of status or on a study permit? His GF can sponsor him as common law if they can prove they have been living together for 1 continuous year. It is a large commitment so his GF will need to want to sponsor him. There will of course be more scrutiny of his relationship if he is out of status but sponsorship by a common law has a better chance of approval versus H&C. He is not your dependent. How did you both end up in Canada without status?

Edit: The GF doesn't seem to have status in Canada so sponsorship isn't possible. He would need status before applying for SOWP which isn't guaranteed for spouses of international students.
GF is on a study permit. She cannot sponsor him. SOWP would only be possible if he had valid status in Canada.