Sponsorship Question

[Flpeteryan]

Hi,
I am a Lonely Canadian with no living relatives in Canada. I have 2 non-dependent children, whom I believe would both be found medically inadmissible when applying to be sponsored. My eldest son would be found inadmissible himself while my youngest son's spouse would be found inadmissible, making him inadmissible too. I am curious if I could sponsor my youngest's son's child (my grandson), who would not be found medically inadmissible because he is in good health and he wouldn't have any inadmissible dependents, (such as his mother). I'm curious if I could sponsor him because of my situation. If I am allowed to, would I have to show medical results from my eldest child and my daughter-in-law explaining why they would be inadmissible? Thanks for any help here.

 

[scylla]

Hi,
I am a Lonely Canadian with no living relatives in Canada. I have 2 non-dependent children, whom I believe would both be found medically inadmissible when applying to be sponsored. My eldest son would be found inadmissible himself while my youngest son's spouse would be found inadmissible, making him inadmissible too. I am curious if I could sponsor my youngest's son's child (my grandson), who would not be found medically inadmissible because he is in good health and he wouldn't have any inadmissible dependents, (such as his mother). I'm curious if I could sponsor him because of my situation. If I am allowed to, would I have to show medical results from my eldest child and my daughter-in-law explaining why they would be inadmissible? Thanks for any help here.

Not possible unfortunately. See underlined text below from IRCC site.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/other-relatives/who-you-can-sponsor.html

You can sponsor an orphaned brother, sister, nephew, niece or grandchild only if they meet all of these conditions:

• they’re related to you by blood or adoption
• both their mother and father passed away
• they’re under 18 years of age
• they’re single (not married or in a common-law or conjugal relationship)

You can’t sponsor your brother, sister, nephew, niece or grandchild if:

• one of their parents is still alive
• no one knows where their parents are
• their parents abandoned them
• someone else other than their parents is taking care of them while one or both their parents are alive
• their parent is in jail or otherwise detained

 

[scylla]

Hi,
I am a Lonely Canadian with no living relatives in Canada. I have 2 non-dependent children, whom I believe would both be found medically inadmissible when applying to be sponsored. My eldest son would be found inadmissible himself while my youngest son's spouse would be found inadmissible, making him inadmissible too. I am curious if I could sponsor my youngest's son's child (my grandson), who would not be found medically inadmissible because he is in good health and he wouldn't have any inadmissible dependents, (such as his mother). I'm curious if I could sponsor him because of my situation. If I am allowed to, would I have to show medical results from my eldest child and my daughter-in-law explaining why they would be inadmissible? Thanks for any help here.

Also note that if you decide to go ahead and try to sponsor one of your non-dependent children, you will need to meet income requirements to qualify as a sponsor (this income will have to be proven through tax returns filed in Canada). You can always give it a shot with the application for one of your non-dependent children and hope they get through the medical.

 

[primaprime]

The relevant rule, R117(1)(h), states:

(h) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father
(i) who is a Canadian citizen, Indian or permanent resident, or
(ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

Unfortunately in Sendwa v Canada earlier this year, the Federal Court of Appeal held that even if the closer relative (such as an adult child) is medically inadmissible, as long as they're alive, they are still considered to be someone "whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor."

I think this is a pretty poor interpretation, but given how recent this precedent is, I doubt OP would have any luck trying to be the test case that overturns it.

 

[Flpeteryan]

Thanks for the information. Kind of a crazy ruling there.

I have one question. The Immigration Appeal Divison claimed that the applicant could have made a H&C claim for her parents if she had the financial means to sponsor her parents. Because she didn't, she was denied the appeal. Money is not the issue here in our case. If my youngest son is found inadmissible because of his wife, would I be eligible to make a H&C claim?

If so, then both my son and grandson can become Permanent Residents becaude my grandson is still a dependent child.

 

[scylla]

Thanks for the information. Kind of a crazy ruling there.

I have one question. The Immigration Appeal Divison claimed that the applicant could have made a H&C claim for her parents if she had the financial means to sponsor her parents. Because she didn't, she was denied the appeal. Money is not the issue here in our case. If my youngest son is found inadmissible because of his wife, would I be eligible to make an H&C claim?

If so, then both my son and grandson can become Permanent Residents becaude my grandson is still a dependent child.

It's really impossible to answer that question. IMO the H&C argument might be a hard one in your case since judging by your past posts you have lived pretty much all of your life outside of Canada and your children and grandchildren are the same. I'm not sure what the H&C argument would be given you are all very well established outside of Canada and none of you have any real ties here. You can certainly try of course.

Having sufficient money also does not by default get you past medical inadmissibility. It's typically extremely difficult to get past medical inadmissibility - apart from being able to convince IRCC that someone isn't actually medically inadmissible and the costs of their care in Canada will be lower than IRCC has projected and fall under the threshold. Having money is generally a very weark argument for trying to overcome medical inadmissibility since once someone is a PR of Canada, there is absolutely nothing stopping them from fully using the health and social care system. So it's a hollow promise to say that you will pay for your own health care since there's no way for the Canadian government to enforce that legally once you are a PR. But again, you can certainly try.

Yes, if the grandson is under 22, he can be included as a dependent in the parents' application.

 

[Flpeteryan]

Yes, I understand that H&C is generally for people living in Canada. For that court case, I trust that the sponsorer was living in Canada when she tried to sponsor her family. I own property in Canada, so when I start the process, I will be moving there.

I understand that having financial means does not overrule medical inadmissability. I was asking if having financial means would allow me to make a H&C claim for my inadmissible child to be sponsored once I move to Canada.

 

[scylla]

Yes, I understand that H&C is generally for people living in Canada. For that court case, I trust that the sponsorer was living in Canada when she tried to sponsor her family. I own property in Canada, so when I start the process, I will be moving there.

I understand that having financial means does not overrule medical inadmissability. I was asking if having financial means would allow me to make a H&C claim for my inadmissible child to be sponsored once I move to Canada.

This might help:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/assessment-dealing-family-relationships.html

 

[canuck78]

Yes, I understand that H&C is generally for people living in Canada. For that court case, I trust that the sponsorer was living in Canada when she tried to sponsor her family. I own property in Canada, so when I start the process, I will be moving there.

I understand that having financial means does not overrule medical inadmissability. I was asking if having financial means would allow me to make a H&C claim for my inadmissible child to be sponsored once I move to Canada.

Would warn you that the family shoild remain in Canada if applying for H&C and it usually take 2 years to find out if a person received first stage approval. They would be visitors and need to try extend their visitor status. If they get denied H&C they would likely struggle to visit Canada for many years afterwards because there will be concerns that they want to remain in Canada. Assume you may be living in the same country as your children so not sure what grounds you would have for PR on H&C reasons.

 

[Flpeteryan]

Right, I understand that my family and I would constistently need to stay in Canada to be eligible for that exemption.

 

[canuck78]

Right, I understand that my family and I would constistently need to stay in Canada to be eligible for that exemption.

You family will not qualify for work, healthcare or schooling while waiting for H&C. There is also a chance they may be denied extensions of their visitor status and will either leave or will have to decide whether they overstay their visas which could have negative impacts on future travels. H&C applications have pretty low approval rates. Is there a reason they want to come to Canada and can’t work to qualify themselves? Assume that establishing your Canadian citizenship and moving to Canada to try to sponsor family members will not garner a lot of sympathy especially if you were all living in the same country initially. Would be consulting a lawyer but think H&C is really a long shot. Still not sure what grounds you would have for an H&C. You recently claimEd your citizenship and if you move to Canada you would have purposely moved abroad knowing you will be alone so claiming that you need to be around family to support you won’t be a good argument. It is pretty obviously that you claimed your Canadian citizenship in order for your family to try and secure immigration to Canada. Moving to another country and having family come to Canada for years when they can’t work or have access to services will be a huge expense and should only really been done if you have a decent chance of being approved. Would really suggest speaking to multiple Canadian immigration lawyers to see if they think you have a chance of H&C approval. If your grandchild wants to come to Canada there are many ways to work towards that goal.

 

[Copingwithlife]

Hi,
I am a Lonely Canadian with no living relatives in Canada. I have 2 non-dependent children, whom I believe would both be found medically inadmissible when applying to be sponsored. My eldest son would be found inadmissible himself while my youngest son's spouse would be found inadmissible, making him inadmissible too. I am curious if I could sponsor my youngest's son's child (my grandson), who would not be found medically inadmissible because he is in good health and he wouldn't have any inadmissible dependents, (such as his mother). I'm curious if I could sponsor him because of my situation. If I am allowed to, would I have to show medical results from my eldest child and my daughter-in-law explaining why they would be inadmissible? Thanks for any help here.

You have never lived in this country since your birth in 1932 ? And you’re voluntarily moving up to Canada thru citizenship by decent ? And looking at using H&C to bring relatives up to Canada , from your country you’ve lived your ENTIRE life in, presumably close with ,attempting to use the “ lonely Canadian “ route ? The things people think of
I’d love to be a bug on the wall of the VO ,if & when this attempt is put thru
No wonder the wait times for cases to be processed are years