Sponsoring learning disabled brother to ON.

[Yes321]

Hello all,

I'm a UK resident currently but I may well move to Canada with the main of PR in the future either as a skilled worker (doc) or via getting married. There is however some problems with regards to this for me.

I will need to to sponsor my mother and brother into Canada. My mother would unlikely be working but I could support her financially so i assume i could sponsor her in. My brother is older than 30 (older than me) and has learning disabilities and related psych problems and he wouldn't be able to work. Would it be possible for me to sponsor him into Ontario?

Also, how long would the process take as I would be very reluctant to leave them for any extended period of time.

Thank you.

 

[scylla]

Unfortunately you won't be able to sponsor your brother.

To qualify to sponsor your brother you must have no spouse or children - and your parents would both have to be deceased.

Parent sponsorships are not being accepted at this time - however we expect that CIC will start accepting applications again late this year or early next year. Processing time for parent sponsorship applications is currently 5+ years.

 

[Yes321]

Unfortunately you won't be able to sponsor your brother.

To qualify to sponsor your brother you must have no spouse or children - and your parents would both have to be deceased.

Parent sponsorships are not being accepted at this time - however we expect that CIC will start accepting applications again late this year or early next year. Processing time for parent sponsorship applications is currently 5+ years.

thank you for your reply. Would that mean that for 5 years my mother would have to remain in the UK or could she stay in Canada? Also, ould she be able to sponsor my brother in directly?

 

[scylla]

Your mother can apply to visit Canada while her PR application is being processed. However there is no guarantee that a visit visa or super visa will be approved. So there is a chance she may have to remain in the UK and wait for her PR application to be finalized.

No - your mother will not be able to sponsor your brother. If he wishes to immigrate to Canada he will have to qualify independently (e.g. as a skilled worker).

 

[Yes321]

Your mother can apply to visit Canada while her PR application is being processed. However there is no guarantee that a visit visa or super visa will be approved. So there is a chance she may have to remain in the UK and wait for her PR application to be finalized.

No - your mother will not be able to sponsor your brother. If he wishes to immigrate to Canada he will have to qualify independently (e.g. as a skilled worker).

Ah ok, doesn't look good for my brother from what I've read what you've told me. Would it be possible for him to immigrate to one of the other provinces or is there potential for changes on the horizon to allow him to be sponsored in? If he can't move to Canada that it pretty much means I won't either.

 

[scylla]

To the best of my knowledge he would need to have a job offer in Canada to qualify to immigrate through one of the provincial programs. He would also have to meet other criteria (e.g. complete a certain level of schooling, complete a language test to prove that he has a certain level of proficiency in English or French, have at least one year of work exprience, etc.).

 

[zardoz]

I'm a UK resident currently but I may well move to Canada with the main of PR in the future either as a skilled worker (doc) or via getting married.

I'm a little surprised by your comment "or via getting married". Unless you are already in a relationship with a Canadian citizen or PR holder, this would seem to indicate that you would be aiming for a "marriage of convenience" if you are not able to enter some other legal way. Would this be correct, or is there a language subtlety that I am missing?

 

[Yes321]

To the best of my knowledge he would need to have a job offer in Canada to qualify to immigrate through one of the provincial programs. He would also have to meet other criteria (e.g. complete a certain level of schooling, complete a language test to prove that he has a certain level of proficiency in English or French, have at least one year of work exprience, etc.).

Thank you for that, not what I was hoping to read but important for me to know.

I'm a little surprised by your comment "or via getting married". Unless you are already in a relationship with a Canadian citizen or PR holder, this would seem to indicate that you would be aiming for a "marriage of convenience" if you are not able to enter some other legal way. Would this be correct, or is there a language subtlety that I am missing?

My partner is Canadian citizen and returning to Canada soon, hence the reason I am looking into moving there, it wasn't the main reason I was posting which is why I didn't explain myself clearly. My job alone would get me a work visa and PR eventually but marriage may come before that.

 

[zardoz]

I had a feeling that I was missing the obvious.. I wish you good luck with your efforts.

Z.

 

[Yes321]

Hello, I have a further query, looking here www cic.gc.ca/english/information/applications/guides/3999Etoc asp it says under Question 12 type C:


The child 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.

My brother would fit this category, so would it not be possible for my mother to sponsor him into Canada after gaining PR status?

 

[scylla]

He would have to be included in your mothers application and you would have to provide very strong proof that your brother has been completely dependent on your mother since before the age of 22.

However...

He will have to pass a medical (so will your mother). If it is determine that either one of them will create a burden on Canada's health care or social care system - they will both be refused.

So it's quite the catch 22. On the one hand you have to prove your brother is incapable of taking care of himself to include him in your mother's application. On the other hand proving that he is incapable of taking care of himself means there's an extremely high chance the medical will find him inadmissible which means that both he and your mother will be refused.

The clause you have listed above works well when a Canadian is sponsoring their spouse and the sponsored spouse has a dependent who fits this criteria (spouses and their dependents cannot be refused if they fail the medical). It doesn't really work when sponsoring a parent.

 

[Yes321]

He would have to be included in your mothers application and you would have to provide very strong proof that your brother has been completely dependent on your mother since before the age of 22.

However...

He will have to pass a medical (so will your mother). If it is determine that either one of them will create a burden on Canada's health care or social care system - they will both be refused.

So it's quite the catch 22. On the one hand you have to prove your brother is incapable of taking care of himself to include him in your mother's application. On the other hand proving that he is incapable of taking care of himself means there's an extremely high chance the medical will find him inadmissible which means that both he and your mother will be refused.

The clause you have listed above works well when a Canadian is sponsoring their spouse and the sponsored spouse has a dependent who fits this criteria (spouses and their dependents cannot be refused if they fail the medical). It doesn't really work when sponsoring a parent.

Ah ok, thought I might have found some hope! I guess I would first have to gain PR status before getting into this process to find out if they can enter Canada? No real way to be sure before that?

 

[scylla]

Ah ok, thought I might have found some hope! I guess I would first have to gain PR status before getting into this process to find out if they can enter Canada? No real way to be sure before that?

There is no way to get an answer now. Even once you have PR status you won't be able to find out. You will have to submit the application and wait the several years it takes to process the application to find out if you're going to be successful or not at bringing both your mother and brother to Canada.

Keep in mind that both your brother and mother won't be able to visit Canada long term while the application is being processed - if they are allowed to visit at all (and you will have to live in Canada during this time since this is a criteria to qualify to sponsor). So you are very likely looking at several years where you will be separated from them.

 

[Yes321]

There is no way to get an answer now. Even once you have PR status you won't be able to find out. You will have to submit the application and wait the several years it takes to process the application to find out if you're going to be successful or not at bringing both your mother and brother to Canada.

Keep in mind that both your brother and mother won't be able to visit Canada long term while the application is being processed - if they are allowed to visit at all (and you will have to live in Canada during this time since this is a criteria to qualify to sponsor). So you are very likely looking at several years where you will be separated from them.

Thank you again, you've been very helpful. Got a lot of think about now but it's not looking good.