Immigration help from death in family to guardianship

[JodiStPierre]

My mother just passed away on Sept 18, 2013. Back in 2003 she obtained legal gaurdianship of Robert (now 14yrs old). My grandmother (87 yrs old) now has gaurdianship over Robert. It is their wish to now move and live with me in North Bay Ontario so we can all be together. I am married to a Canadian Citizen and became a permanent resident myself in 2012. I have lived in Canada since 2004. How would I go about applying for residency for them? I think it is most important for Robert at this time so he will be able to attend school come next September. I was looking at family class sponsorship but noticed they arent issuing any grandparents at this time. I am at a loss on what to do.

coming from Miami, Florida. no criminal records.

 

[scylla]

What is your relationship to Robert? Is he your sibling?

FYI - parent/grandparent sponsorship will reopen in January but this isn't a realistic solution for you given the processing time for this application will take years.

 

[scylla]

OK - just re-read your post and am going to assume that Robert is not your sibling.

If that's the case, then you would have to adopt him in order to sponosor him as a family member. You'll need to show that you have or had a parent-like relationship with Robert and this adoption isn't just happening for the primary reason of allowing him to immigrate to Canada.

Another alternative (although an expensive one) would be to bring him here on a temporary basis on a student permit.

 

[Rob_TO]

My mother just passed away on Sept 18, 2013. Back in 2003 she obtained legal gaurdianship of Robert (now 14yrs old). My grandmother (87 yrs old) now has gaurdianship over Robert. It is their wish to now move and live with me in North Bay Ontario so we can all be together. I am married to a Canadian Citizen and became a permanent resident myself in 2012. I have lived in Canada since 2004. How would I go about applying for residency for them? I think it is most important for Robert at this time so he will be able to attend school come next September. I was looking at family class sponsorship but noticed they arent issuing any grandparents at this time. I am at a loss on what to do.

The parent/grandparent family class is opening up again in January 2014. So you could sponsor your grandmother + brother (please note Scylla's comment if he's not your legal/biological brother). Based on a family unit size of 4, you and your spouse will need to show combined income of around $56,280 (LICO + 30%) over the past 3 years.

CIC will only be accepting the first 5,000 applications, and then closing down the parent/grandparent class again. So you would need to apply quickly as soon as it opens up.

Also you are most likely looking at a very long process, of probably at least 2-3 years (assuming reduction in backlog of the current times of around 5 years). So there is practically no chance your brother would have PR by next September.

Your best bet may be to apply for supervisa for your grandmother, and a TRV/study permit for your brother.

 

[JodiStPierre]

What is your relationship to Robert? Is he your sibling?

FYI - parent/grandparent sponsorship will reopen in January but this isn't a realistic solution for you given the processing time for this application will take years.

We do not have any blood relation. He was a cocaine baby, taking from his parents. His biological father was the son of my mother's husband (not my father,who passed away in August). I do call him my brother since my mother raised him since he was 2 weeks old, but not sure how the courts or customs views that. My biological grandmother no whas guardianship.

 

[scylla]

We do not have any blood relation. He was a cocaine baby, taking from his parents. His biological father was the son of my mother's husband (not my father,who passed away in August). I do call him my brother since my mother raised him since he was 2 weeks old, but not sure how the courts or customs views that. My biological grandmother no whas guardianship.

Guardianship unfortunately isn't sufficient for him to either immigrate with your grandmother or be sponsored by you through family class. He would need to be officially adoped for this to be possible.

Right now a student visa is his only option - plan to pay $12K-$14K in tuition per year since he will be classified as a foreign student.

Good luck. Hope things work out one way or another.