Sponsoring spouse and spouse's sibling

[mimas]

Hi,

I'm working on sponsoring my spouse. She has a sibling who is under 18 years of age. Can he be included in the sponsorship application for my spouse?

 

[truesmile]

No.

 

[Newbieplshelpme]

Hi pls help me, i dont know how to post a new topic. I am currently being sponsored by my husband. I have 4 siblings, the eldest has cerebral palsy, second is a nurse third is still in highschool and the youngest is 8 yrs old . After i land in canada, i am planning to sponsor my youngest sibling so that my parents can focus on my handicapped sister. Can i be able to sponsor her right away? And how long is the processing time?

 

[scylla]

Hi pls help me, i dont know how to post a new topic. I am currently being sponsored by my husband. I have 4 siblings, the eldest has cerebral palsy, second is a nurse third is still in highschool and the youngest is 8 yrs old . After i land in canada, i am planning to sponsor my youngest sibling so that my parents can focus on my handicapped sister. Can i be able to sponsor her right away? And how long is the processing time?

You are not eligible to sponsor your siblings directly.

The only way possible to sponsor your sibilings would be to sponsor your parents for PR and then include any sibilings 18 years or younger in your parents' application as dependents.

 

[Newbieplshelpme]

hi, how long i the processing time in sponsoring parents and siblings

 

[scylla]

hi, how long i the processing time in sponsoring parents and siblings

First, in order to qualify to submit the application, you as the sponsor must make enough income from Canadian sources for three years in a row to meet the low income cut off for your family size. You must submit Canadian tax returns for the last three years to prove you (and your spouse) make enough money to meet the cut off for three years in a row. If you don't make enough income, you will have to wait until you do before you can submit the sponsorship application.

Secondly, CIC is only accepting 5,000 applications per year. This cap is reached extremely quickly - this year it was reached in a day and a half. The cap will most likely be reached even faster next years. CIC will start accepting applications again the first business day of January next year. In order to have any chance of your application being accepted in 2016, your completed application package will have to reach CIC the first business day of January 2016.

Once the application is submitted and accepted by CIC - you are looking at processing times of 4+ years.

 

[yvr1234]

So if you decided to sponsor your parents, only your sibling that is still in highschool (assume 18 or younger) and the youngest (8 yrs old) will be included with your parents' application.

Also your family income ( for the past 3 years ) needs to meet for you, your spouse + parents + 2 siblings. (that's for family of 6)

I don't think there is a normal route to bring your eldest sibling over.

 

[screech339]

So if you decided to sponsor your parents, only your sibling that is still in highschool (assume 18 or younger) and the youngest (8 yrs old) will be included with your parents' application.

Also your family income ( for the past 3 years ) needs to meet for you, your spouse + parents + 2 siblings. (that's for family of 6)

I don't think there is a normal route to bring your eldest sibling over.

http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

Dependent children

Refers to the children of the applicant and those of the spouse or common-law partner, if applicable.
They must be:
•under the age of 19 and not have a spouse or common-law partner, or
•19 years of age or older and unable to be financially self-sufficient since before the age of 19 due to a physical or mental condition.

The eldest child can be considered to be a dependent of the parents being totally dependent on the parents due to cerebral palsy.

The issue is that if the eldest child fails the PR due to "excessive medical demand" criteria (assuming the eldest child is added as dependent of parents), the whole family's PR application fails.

 

[Rob_TO]

http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

Dependent children

Refers to the children of the applicant and those of the spouse or common-law partner, if applicable.
They must be:
•under the age of 19 and not have a spouse or common-law partner, or
•19 years of age or older and unable to be financially self-sufficient since before the age of 19 due to a physical or mental condition.

The eldest child can be considered to be a dependent of the parents being totally dependent on the parents due to cerebral palsy.

I don't think the OP wants to sponsor the eldest child, only the youngest. End goal is parents would remain in home country to take care of oldest child. And including the oldest child as a dependent would put whole PR app at risk due to excessive demand from medical condition.

I'm not entirely certain, but I think it's a choice whether or not a child over 19 but with a medical condition is included as a dependent... I don't think CIC would force the decision to include her.

 

[screech339]

I don't think the OP wants to sponsor the eldest child, only the youngest. End goal is parents would remain in home country to take care of oldest child. And including the oldest child as a dependent would put whole PR app at risk due to excessive demand from medical condition.

I'm not entirely certain, but I think it's a choice whether or not a child over 19 but with a medical condition is included as a dependent... I don't think CIC would force the decision to include her.

If the OP managed to sponsor the parents and two young dependents as PR, can the parents legally able to abandon the 8 year old PR behind in Canada while they look after the eldest in home country?

The OP is opening a can of worms in legal ramifications regarding the 8 year old PR living in Canada while the parents are living outside Canada.

 

[Rob_TO]

If the OP managed to sponsor the parents and two young dependents as PR, can the parents legally able to abandon the 8 year old PR behind in Canada while they look after the eldest in home country?

The OP is opening a can of worms in legal ramifications regarding the 8 year old PR living in Canada while the parents are living outside Canada.

I think the plan is for 8 yr old to be raised in Canada by the OP. So they would basically be adopting her... although in an indirect way as a straight-up adoption then direct sponsorship app could be seen as adoption of convenience.

I'm pretty sure there are no legal rules against a child being raised by a sibling in another country.

 

[scylla]

If the OP managed to sponsor the parents and two young dependents as PR, can the parents legally able to abandon the 8 year old PR behind in Canada while they look after the eldest in home country?

The OP is opening a can of worms in legal ramifications regarding the 8 year old PR living in Canada while the parents are living outside Canada.

It's certainly doable. The parents could transfer legal guardianship of the younger daughter to the OP.

Having said that, by the time the application is submitted and processed and the family lands, the sister will probably be closer to 15 years of age and will only be a few years away from being an adult. This is certainly not going to happen quickly.

 

[screech339]

I think the plan is for 8 yr old to be raised in Canada by the OP. So they would basically be adopting her... although in an indirect way as a straight-up adoption then direct sponsorship app could be seen as adoption of convenience.

I'm pretty sure there are no legal rules against a child being raised by a sibling in another country.

There is no legal rules against a child being raised in Canada by a sibling but what about qualifying for child benefits. How can this be done while parents are outside Canada when sibling is not the legal guardian of the child. The child would need parents' permission anytime there is international travel. It is the small things that can cause legal headache.

 

[keesio]

It certainly won't be easy. It will be a very long road that may not even be successful at the end of it.

 

[Rob_TO]

There is no legal rules against a child being raised in Canada by a sibling but what about qualifying for child benefits. How can this be done while parents are outside Canada when sibling is not the legal guardian of the child. The child would need parents' permission anytime there is international travel. It is the small things that can cause legal headache.

But the OP could easily be appointed the legal guardian of the child if they were eventually approved for PR as dependent of parents.

This is the least of their concerns. Qualifying for and getting a parents app accepted into the 5000 cap and then successfully processed, is the big road block here.