Help! Questions Spouse with Dependent Sister

[JoelT]

I am a Canadian Citizen. I will be submitting my application for sponsorship of my wife and her sister from Sri Lanka. My wife's older sister has tourette's syndrome. She does not depend and need not depend on healthcare. My father-in-law is in Europe but unable to sponsor them. My wife's brother is in Sri Lanka but unable to look after her. We'd have to put my sister-in-law in a home otherwise.

My wife's sister needs only directions. Like directions you would give a ten year old. Clean your dishes, wash your clothes, etc. Her tourette's syndrome involves her having some fits where she unwillingly lets out bad words and stuff. It is called coprolalia and affects 1/10 tourettes syndrome people.

I have recently finished my undergraduate studies and work for the municipal government at a recreation centre as a supervisor for lifeguards and swimming instructors.

Can anyone advise as to the possibility for sponsorship? Has anyone else been in this situation? Would they reject my wife because of my sister-in-law as they would be in the same application?

It is as if my sister-in-law and wife are glued together as my wife has been taking care of her from home for 10 years (since my wife turned 19).

I'd rather not have my sister-in-law in a home as most places in Sri Lanka may not take care of her and I want to keep her close to us. She won't be excessive demand as medical reports will indicate she needs only supervision and direction for her condition.

Also, beneficially, it would be less of a financial burden for us to keep her close as it would get rid of the cost of providing her supervision from abroad and travel costs and everything. Both me and my wife have many relatives here in Canada.

 

[scylla]

Your wife's older sister cannot be included as a dependent in your wife's sponsorship application. CIC won't recognize her as a dependent.

 

[Aquakitty]

I think this is going to be a case for humanitarian and compassionate grounds, this situation is complicated I think it would be best to consult a good lawyer.

 

[JoelT]

Your wife's older sister cannot be included as a dependent in your wife's sponsorship application. CIC won't recognize her as a dependent.

Would they consider her under the other category? As she is not my child or my spouse but dependent on my spouse. Possibly the other category would normally involve a nephew or niece that we would be the guardian of or something but I'm wondering if dependent sibling applies.


Dependant’s Personal Details

Question 10
From the list, select your dependant’s relationship to you, the principal applicant:
Adopted Child
Child
Common-law partner
Grandchild
Other
Spouse
Step-Child
Step-Grandchild
Complete if you chose “Other”
Question 11
Check the box to indicate whether or not, your dependant will accompany you to Canada.
If you answered “No”, provide the reason why your dependant is non-accompanying.
Question 12
From the list, select the type of dependant:

Type 1
The dependent is under the age of 19 and single (not married and not in a common-law relationship).
Type 2
The dependent is 19 years of age or older, has been financially dependent on a parent since before the age of 19 due to a physical or mental condition.

The following types of children are for applicants who started an immigration process before August 1st, 2014.

Type A
The dependant is under the age of 22 and single (not married and not in a common-law relationship).
Type B
The dependant has been continuously enrolled in and in attendance as a full‑time student at a post-secondary institution accredited by the relevant government authority and has depended substantially on the financial support of a parent either:
since before the age of 22, or
since marrying or entering into a common-law relationship (if it happened before the age of 22).
Type C
The dependant is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22, and is unable to provide for himself or herself because of a medical condition.

 

[Rob_TO]

I think this is going to be a case for humanitarian and compassionate grounds, this situation is complicated I think it would be best to consult a good lawyer.

A H&C application can only be made if the sister-in-law is actually in Canada.

Basically though these would be 2 completely separate applications. OP will be sponsoring his wife alone, and wife's sister can't be included on that app.

After his wife gets PR status, then If they can get her sister to Canada on a visitor visa, they could possibly submit a H&C application for the sister.

 

[Rob_TO]

Would they consider her under the other category? As she is not my child or my spouse but dependent on my spouse. Possibly the other category would normally involve a nephew or niece that we would be the guardian of or something but I'm wondering if dependent sibling applies.

No that's not possible, as there is a parent still alive.

 

[scylla]

Would they consider her under the other category? As she is not my child or my spouse but dependent on my spouse. Possibly the other category would normally involve a nephew or niece that we would be the guardian of or something but I'm wondering if dependent sibling applies.

No. This category is for people who have no one in Canada. Your wife has you - plus at least one of her parents is still alive. So it's a non-starter.

 

[JoelT]

No. This category is for people who have no one in Canada. Your wife has you - plus at least one of her parents is still alive. So it's a non-starter.

I meant the "Other" in question#10.

However, my father-in-law is unable to sponsor the dependent sister to europe and my wife has been the sole caregiver for her the past 10 years. Her sister is dependent on her due to her medical condition.

Are there any options? What would happen if the application is submitted with both my wife and her dependent sister?

 

[Rob_TO]

I meant the "Other" in question#10.

However, my father-in-law is unable to sponsor the dependent sister to europe and my wife has been the sole caregiver for her the past 10 years. Her sister is dependent on her due to her medical condition.

Are there any options? What would happen if the application is submitted with both my wife and her dependent sister?

No there are no other options. For the "other" to work she would have needed to officially/legally adopted the sister (note the list states "financially dependent on a parent"), and even then it may not be acceptable since at least 1 parent is still alive. If you add the sister as a dependent in your wife's app, CIC will simply remove her since she is not a dependent, and continue on with your wife's app on her own.

As I mentioned above, the only option is for your wife to get PR first, and once she's a PR if you can get the sister to Canada submit a H&C app for her.

 

[JoelT]

No there are no other options. For the "other" to work she would have needed to officially/legally adopted the sister (note the list states "financially dependent on a parent"), and even then it may not be acceptable since at least 1 parent is still alive. If you add the sister as a dependent in your wife's app, CIC will simply remove her since she is not a dependent, and continue on with your wife's app on her own.

As I mentioned above, the only option is for your wife to get PR first, and once she's a PR if you can get the sister to Canada submit a H&C app for her.

Thank you all for your responses. What about after sponsoring my wife?

Family sponsorship has three categories: 1) sponsor spouse, partner or children 2) sponsor parents and grandparents 3) sponsor other relatives

We would have to put my sister-in-law in a home for supervision as that's all she is dependent for. I'm not sure the quality of care she will receive. Then we could sponsor her, or my wife could sponsor her as an other relative. But would I still include her in the initial application just indicating her as not accompanying?

 

[Rob_TO]

Thank you all for your responses. What about after sponsoring my wife?

Family sponsorship has three categories: 1) sponsor spouse, partner or children 2) sponsor parents and grandparents 3) sponsor other relatives

We would have to put my sister-in-law in a home for supervision as that's all she is dependent for. I'm not sure the quality of care she will receive. Then we could sponsor her, or my wife could sponsor her as an other relative. But would I still include her in the initial application just indicating her as not accompanying?

The "other relatives" section does not apply to you or your wife. That is only for Canadians/PRs that are completely alone in Canada so have no spouse, kids or any other family in Canada. This excludes either of you from sponsoring any "other" relative.

And the "Type 2" dependent who is over the usual age of dependent, is only for parents sponsoring their children. Not for people trying to sponsor their siblings.

There is no category available for your wife to sponsor her sister. You will include her in your wife's app only in the generic section where you list all the siblings and parents. She is NOT included in the app as a dependent, whether accompanying or non-accompanying.

I'll repeat again, the only chance you have to sponsor her is for your wife to get PR first, and then after she's in Canada as a PR have her sister come to Canada on a TRV and apply under a H&C app while she's here. This is really your only option.