Can I sponsor my autistic brother via FC sponsorship?

[juleswantpr]

My brother is mildly autistic and adult with moderate intelligence as he already passed high school qualification. He is not 100% dependent but he needs social assistance at times. My parents are divorced and my mother is the one who takes care of him. My father bear no responsibility over him. I will be taking him to Canada via TR as long as my mother lives. After that, will I be able to sponsor him?

 

[zardoz]

My brother is mildly autistic and adult with moderate intelligence as he already passed high school qualification. He is not 100% dependent but he needs social assistance at times. My parents are divorced and my mother is the one who takes care of him. My father bear no responsibility over him. I will be taking him to Canada via TR as long as my mother lives. After that, will I be able to sponsor him?

Sorry, but the answer is no, for multiple reasons.

 

[scylla]

My brother is mildly autistic and adult with moderate intelligence as he already passed high school qualification. He is not 100% dependent but he needs social assistance at times. My parents are divorced and my mother is the one who takes care of him. My father bear no responsibility over him. I will be taking him to Canada via TR as long as my mother lives. After that, will I be able to sponsor him?

As said above, you cannot sponsor your brother for PR. If you qualify to sponsor your mother, you can try including your brother as a dependent in the application - however no guarantee he will be approved given the circumstances.

Make sure you take out private insurance to cover any medical emergencies while he is here as a visitor. You'll need to pay for any non-emergency care and/or pre-existing condition care out of pocket.

 

[juleswantpr]

As said above, you cannot sponsor your brother for PR. If you qualify to sponsor your mother, you can try including your brother as a dependent in the application - however no guarantee he will be approved given the circumstances.

Make sure you take out private insurance to cover any medical emergencies while he is here as a visitor. You'll need to pay for any non-emergency care and/or pre-existing condition care out of pocket.

He's not on any medication fortunately. I am planning to sponsor my mother as well. What if he is able to work in Canada?

 

[scylla]

He's not on any medication fortunately. I am planning to sponsor my mother as well. What if he is able to work in Canada?

I'm not sure I understand your question about him working in Canada. If he wants to work in Canada now, he needs a work permit which requires a job offer and approved LMIA from an employer. Generally speaking, it's extremely difficult to find an employer willing to go through this process.

Your mother would have to be the individual you have to sponsor (not your brother). Your brother would be included as a dependent in her application - but understand there would likely be a high risk of refusal.

You should also be aware that if he requires a TRV to come to Canada as a visitor, there's a very high chance the TRV will be refused.

 

[juleswantpr]

What am I implying that if he's able to prove that he can't be a liability but as an asset, is there any chance he can get PR through sponsorship?
I also heard they have relaxed the rule now.

https://globalnews.ca/news/4150860/disability-immigration-law-a-blessing-says-father-autistic-child/

 

[scylla]

What am I implying that if he's able to prove that he can't be a liability but as an asset, is there any chance he can get PR through sponsorship?
I also heard they have relaxed the rule now.

https://globalnews.ca/news/4150860/disability-immigration-law-a-blessing-says-father-autistic-child/

How old is he? There may be problems with the approach you are proposing.

 

[juleswantpr]

How old is he? There may be problems with the approach you are proposing.

He is 25.

 

[scylla]

He is 25.

OK - so that's problematic.

The only way you can sponsor him is as your mother's dependent. For this to fly, you need to show that he is entirely dependent on your mother due to his condition and cannot live independently. However if you say he can work and will be an asset - then he obviously isn't really dependent on your mother and won't meet the criteria to be classified as one. You can't have it both ways. Either he's fully dependent on your mother (i.e. can't survive on his own, can't really work, etc.) or he isn't.

 

[juleswantpr]

OK - so that's problematic.

The only way you can sponsor him is as your mother's dependent. For this to fly, you need to show that he is entirely dependent on your mother due to his condition and cannot live independently. However if you say he can work and will be an asset - then he obviously isn't really dependent on your mother and won't meet the criteria to be classified as one. You can't have it both ways. Either he's fully dependent on your mother (i.e. can't survive on his own, can't really work, etc.) or he isn't.

Okay, so he can't work. He can appear as fully dependant on my mother, I mean he is dependent on my mother as she is officially his legal guardian. Does my mother have to be employed for that?

 

[scylla]

Okay, so he can't work. He can appear as fully dependant on my mother, I mean he is dependent on my mother as she is officially his legal guardian. Does my mother have to be employed for that?

You can include him as a dependent in your mother's application. Whether he will be approved - none of us here will be able to tell you for certain.

Assuming he requires a TRV to visit Canada, you should assume that it likely won't be possible for a TRV to be approved (although you should certainly try).

You'll be able to sponsor your mother once you have worked in Canada for at least three years and meet the minimum income requirements. Also, only a limited number of sponsorship applications are allowed each year - so you will have to be one of the ones selected / accepted.