Orphan sponsorship

[Mechal]

Hello,
I'd like to ask you for information on what to do when a status of a sponsored person changes. Here it is...
I'm a Canadian citizen. I sponsored my orphaned sister in 2014. The visa office refused her app for PR in Canada on silly grounds. I appealed the decision, which IRB allowed in December 2017. Following IRB's decision, the visa office resumed processing the PR app. BUT I learned yesterday that my sister has been living in a common-law relationship for about two years out of which she got a baby boy.
Now is the question: when I sponsored my orphaned sister, she met all the criteria: being doubly orphaned, under 18, not married or not in common-law relationship, and not a parent. But now she doesn't meet the last two criteria as she has a common-law partner and a child. My question is, what options does she have to secure her visa while at the same time being truthful to the visa office about her civil status?

 

[scylla]

Since she is in a common law relationship, she no longer meets the requirements to be sponsored as an orphan by you. You should cancel the application to avoid having this turn into a misrepresentation situation where she lies about her status to obtain status in Canada.

What is your situation in Canada? Do you have a partner/spouse or children? Do you have any other family members in Canada (e.g. aunts, uncles)?

 

[Rob_TO]

Once she became common-law, she was immediately ineligible for you to sponsor her. You should have cancelled the app at that time.

In terms of an applicant getting married/common-law, their status at time of app is irrelevant. As soon as a single applicant becomes common-law/married, they are supposed to be immediately removed from the app at that time. The only thing that gets "locked in" at time of submitting an app, is their age.

So as soon as you update her common-law status to IRCC, they will reject the app.
If you didn't declare the change and she landed as PR as single, that would be serious misrepresentation. Her own PR status could be later revoked, or at a minimum she would never be able to sponsor her common-law partner.

You need to confirm if you have any other family that are PR/citizens, and if not you can sponsor her under the "other" family category.

 

[Mechal]

Thanks for your feedback.
As I stated in my original post, it was the day before yesterday that I found out about my sister's common-law relationship and parenthood. Almost four years passed since my original sponsorship. The appeal process took long during which my sister entered into her current situation. I guess the only option I have is to inform IRCC of the status change as I can't sponsor her as other relative; I am married with children in Canada.
But if you still come up with any other legal routes, let me know.

 

[Rob_TO]

But if you still come up with any other legal routes, let me know.

Unfortunately there is nothing more you can do. Had you been in closer contact with her, you should have informed her a long time ago not to live with her partner for 12 consecutive months.

At this point, they will need to qualify for and apply to Canada immigration independent of you under one of the economic streams.

 

[mikeymyke]

I was surprised that despite her being your sister, she never even told you about this relationship, or that she had a new bf that she is living with together, because before their 1 yr anniversary hits, you could've warned her not to become common law

 

[Mechal]

Thank you all for your inputs.
As I called the IRCC, I was told to explore if compassion and humanitarian can help. This is a general subject for the case of my orphaned sister, who became a mom via common law relationship while her app for PR was being processed outside of Canada.
Can you help me with this compassion and humanitarian thing?

 

[canuck_in_uk]

Thank you all for your inputs.
As I called the IRCC, I was told to explore if compassion and humanitarian can help. This is a general subject for the case of my orphaned sister, who became a mom via common law relationship while her app for PR was being processed outside of Canada.
Can you help me with this compassion and humanitarian thing?

As she now has an established life with her partner and child, there really are no H&C grounds.

 

[Rob_TO]

Thank you all for your inputs.
As I called the IRCC, I was told to explore if compassion and humanitarian can help. This is a general subject for the case of my orphaned sister, who became a mom via common law relationship while her app for PR was being processed outside of Canada.
Can you help me with this compassion and humanitarian thing?

It doesn't sound like she needs H&C consideration. Is her life in danger in her home country?

Also H&C apps are supposed to be submitted when the applicant is physically in Canada.

 

[scylla]

Thank you all for your inputs.
As I called the IRCC, I was told to explore if compassion and humanitarian can help. This is a general subject for the case of my orphaned sister, who became a mom via common law relationship while her app for PR was being processed outside of Canada.
Can you help me with this compassion and humanitarian thing?

She needs to be physically in Canada to apply for H&C. She cannot apply from outside of Canada.

So the first step is to apply for a TRV and then come to Canada.