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Sibling Sponsorship (Family class)

canuck78

VIP Member
Jun 18, 2017
53,022
12,785
Thanks. Its case study that I am interested in. I am a Canadian, so it's not my case.
And I know the first point to be correct.
I am advising that they try anyways. They don't have any living relative in Canada.
Without any established connection to Canada it will be very difficult to prove that the disabled brother needs to be in Canada. He has been cared for by the family for decades out of Canada. Has the family been able to secure a TRV? Can the family support themselves without an income for a few years?
 

tintin

Star Member
Oct 1, 2007
61
4
Without any established connection to Canada it will be very difficult to prove that the disabled brother needs to be in Canada. He has been cared for by the family for decades out of Canada. Has the family been able to secure a TRV? Can the family support themselves without an income for a few years?
That's the complexity of the case. A Canadian does not need to prove why they need to be in Canada. And yes, the family can support themselves while in Canada.
Another thought, anyone been sponsored usually sign that they would do their best to be productive....that can be an undertaking of some sort.
I guess they would never know how far they can go except they try. A Canadian citizen is involved here.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,250
Canada
That's the complexity of the case. A Canadian does not need to prove why they need to be in Canada. And yes, the family can support themselves while in Canada.
Another thought, anyone been sponsored usually sign that they would do their best to be productive....that can be an undertaking of some sort.
I guess they would never know how far they can go except they try. A Canadian citizen is involved here.
The person being sponsored cannot sign an undertaking. That is not how the regulations and laws are written.

The privilege to sponsor a family member attaches to the Canadian. If the Canadian is not legally able to undertake to support the family member, they cannot sponsor them. Additionally, the Canadian must satisfy IRCC that they have the ability to meet the undertaking - that is, pay for the expenses of living for the sponsored family members for the 3+ years of the undertaking.

Are you an agent or consultant advising these people?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
You mean he should shell out money for a total stranger to take care of his brother? And sponsorship generally is about people desiring to come to Canada of course. No law against that in my own opinion.

I would like information from people that have gone through this situation as I perfectly understand that no situation is unique.
So as I surmised, the older brother wants to come to Canada and is trying to use the citizenship of his disabled younger brother to do so.
 

tintin

Star Member
Oct 1, 2007
61
4
The person being sponsored cannot sign an undertaking. That is not how the regulations and laws are written.

The privilege to sponsor a family member attaches to the Canadian. If the Canadian is not legally able to undertake to support the family member, they cannot sponsor them. Additionally, the Canadian must satisfy IRCC that they have the ability to meet the undertaking - that is, pay for the expenses of living for the sponsored family members for the 3+ years of the undertaking.

Are you an agent or consultant advising these people?

Nope. I have just had my fair share of consultant/lawyer that I know quite a bit. I have learnt it ever hurts to start or try.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,250
Canada
Nope. I have just had my fair share of consultant/lawyer that I know quite a bit. I have learnt it ever hurts to start or try.
I ask mostly because I don't like being an unpaid consultant to someone who is charging their clients for my time ;) Not saying that's what you're doing, but just stating.
 

tintin

Star Member
Oct 1, 2007
61
4
I ask mostly because I don't like being an unpaid consultant to someone who is charging their clients for my time ;) Not saying that's what you're doing, but just stating.
I came here hoping to meet someone that have gone through similar case. Most immigration matters can be done by oneself. I learnt that the hard way.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,785
That's the complexity of the case. A Canadian does not need to prove why they need to be in Canada. And yes, the family can support themselves while in Canada.
Another thought, anyone been sponsored usually sign that they would do their best to be productive....that can be an undertaking of some sort.
I guess they would never know how far they can go except they try. A Canadian citizen is involved here.
In this case where the Canadian is not an independent adult it does make a big difference. The person has family members that are all citizens of another country, has lived their whole life in their family’s home country and did not initiate the move to Canada. A move to Canada is likely to be more disruptive to the person. Does the brother qualify for immigration in their own? If so, they should apply that way. I doubt that is the case and immigration will determine that the move was not to benefit the citizen but to help the rest of the family immigrate. The vulnerable adult will be able to stay no matter what but it wouldn’t be best to leave him in the care of the state. Is the family ready to pay international fees for elementary or secondary school if they have children? That would be 10-15K a year. Healthcare on top of that.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Yes, that is the case. He has been the sole carer for the past 10 years since their father died.
He needs to qualify for immigration on his own. He will not be able to use his brother to come to Canada.