Sponsering my Sister

[Iamrobot85]

Hello,
It has been a while since I've posted on this forum. I landed in April of last year on a spousal application. My sister is 15 (I am 26) and she still lives in the States (where I am also from). My grandfather right now has sole custody but he is in ill health and my sister is actually in the care of a guardian which is good for now because my sister can be close to my grandfather. My grandfather is not getting better. I want to bring my sister to Canada should the worst happen (which it probably will).

What I want to know is if I have custody of my little sister can I sponsor her for permanent residence? Would I have to meet an income requirement? If I am unable to sponsor her she will most likely go into foster care, so I am hoping that I can. The information is a little confusing and it seems, at times, contradictory....

Thanks in advance. Sorry the post is verbose but it's a weird situation

 

[Iamrobot85]

Sorry, not April of last year, April of this year, so six months ago.

 

[Kedeisha]

yes to sponsor your sister you need to meet minimum income as she needs to be sposnor under parental sponsorship as you have a spouse so she wouldn't qualify under other eligible relatives, unless you can adopt her, is she orphaned?

 

[Iamrobot85]

Well it's a bit of a complicated situation. She is my half sister and her father signed away his parental rights. Our mother passed away about five years ago and since then my grandparents have had full custody of her, they adopted her. So if my grandfather passes away I suppose she would be an orphan.

The problem is that I have been working since I've landed but it's only been six months, before that times were tough back home and I did not have a job. They ask for employment records for the last year but I've only been employed for six months.

 

[Kedeisha]

well presently she still have a guardian so I don't believe you can sposnor her that way

I am sorry to hear about your loss

 

[Iamrobot85]

The guardian wants me to take her. My grandfather is unable to take care of her and the stress is becoming too much for the guardian.

 

[Kedeisha]

I know you wanna take her I would too read below:

Who can be sponsored

You can sponsor:
•parents
•grandparents
•brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship
•another relative of any age or relationship but only under specific conditions (see Note below)
•accompanying relatives of the above (for example, spouse, partner and dependent children).

Note: you can sponsor one relative regardless of age or relationship only if you do not have a living spouse or common-law partner, conjugal partner, a son or daughter, parent, grandparent, sibling, uncle, aunt, nephew or niece who could be sponsored as a member of the family class, and you do not have any relative who is a Canadian citizen or a permanent resident or registered as an Indian under the Indian Act.


Because she is your sister she has to be orphaned as you have a spouse, which province do you live in there are some provincial programs which may help

 

[Iamrobot85]

Alberta

 

[Leon]

I believe that the sister can be sponsored because she is orphaned as her mother is dead and her father is missing in action. The grandfather has custody of her but he has not adopted her and therefore she is an orphan.

 

[PMM]

Hi

I believe that the sister can be sponsored because she is orphaned as her mother is dead and her father is missing in action. The grandfather has custody of her but he has not adopted her and therefore she is an orphan.

No Leon, they would still have to prove the father is deceased.

 

[canadianwoman]

The grandparents adopted her, so she is de facto their child. They wouldn't have to find the biological father. But she could only be sponsored under family class once her grandparents die.

Could the Canadian sister somehow get Minister's permission to have the sister come here under humanitarian and compassionate considerations? Because sponsoring her will take a while in any case, unless the sister adopts her, which will take a while in the States.

 

[PMM]

Hi

The grandparents adopted her, so she is de facto their child. They wouldn't have to find the biological father. But she could only be sponsored under family class once her grandparents die.

Could the Canadian sister somehow get Minister's permission to have the sister come here under humanitarian and compassionate considerations? Because sponsoring her will take a while in any case, unless the sister adopts her, which will take a while in the States.

There is nothing about the grandparents adoption. It says sole custody and guardianship.

 

[canadianwoman]

She is my half sister and her father signed away his parental rights. Our mother passed away about five years ago and since then my grandparents have had full custody of her, they adopted her. So if my grandfather passes away I suppose she would be an orphan.

Was this an official adoption, with government approval? Or just an informal arrangement?

 

[Iamrobot85]

It was official, legally binding, all that jazz

 

[Leon]

In that case, she is not an orphan unless both grandparents die. You might be able to get her to Canada on a study permit for a minor if you act as her custodian and your grandfather allows it but that is not a permanent solution. If your grandfather dies before she turns 18, you can sponsor her for PR.