Spouse + nephew? Can I?

[pseudowolf]

Hi all,

My soon-to-be American spouse is the legal guardian of a nephew and I was wondering if anyone knows whether he would be considered a dependant child on my spouse's application for PR? Or can I, since once we're married he will legally be my nephew as well, sponser both of them through the family class at the same time? Thanks for your help!!!

-wolf

 

[PMM]

Hi

Hi all,

My soon-to-be American spouse is the legal guardian of a nephew and I was wondering if anyone knows whether he would be considered a dependant child on my spouse's application for PR? Or can I, since once we're married he will legally be my nephew as well, sponser both of them through the family class at the same time? Thanks for your help!!!

-wolf

No he can't be included in the application unless she has adopted him.

 

[pseudowolf]

Really? So although he is dependant on my fiance he can't come up? Is there a way around that? The child's parents are both still living and he is not in foster care so may be "unadoptable" in his State.

Thanks PMM.

-wolf

 

[nylalisa]

I suggest consulting a professional on this one. If she is the legal guardian, mandated by courts or something, you may be able to include him. However, it usually is for adoptive children and blood relations. It's worth looking into, it's not like she can abandon him.

 

[PMM]

Hi

I suggest consulting a professional on this one. If she is the legal guardian, mandated by courts or something, you may be able to include him. However, it usually is for adoptive children and blood relations. It's worth looking into, it's not like she can abandon him.

I think that the OP will be wasting his time and money, but he may feel better consulting a lawyer. As there is no "relationship" with the guardian and the child as defined by Immigration Regulations, the only way is a Humanitarian and Compassionate application under A25((1) but since the guardian is not a PR/CC it will be extremely hard to convince CIC.

 

[pseudowolf]

What about bringing him in on a study visa? He'll be in grade 9 when we get married. A minor studying in Canada is permissable if I act as custodian for him, right? Can I do both - sponsor my spouse and act as custodian for my nephew at the same time?

Thanks for all your help and advice.

-wolf

 

[pseudowolf]

Just spoke to an immigration official and no - legal guardianship does not mean equal the child being considered a dependant and therefore can not be sponsored. I asked if I could sponsor the child as my nephew and she said there is no class that would allow that however on their website there is a link for "other eligible relative" and nieces and nephews are listed so I'm not sure what she meant by that.

Anyway, I am able to act as custodian to my soon-to-be nephew and apply for a study visa so he may finish high school here and my spouse doesn't have to give up his legal guardianship.

Thanks for everything!!!

Very excited to start the process! Wedding first.......

-wolf

 

[canadianwoman]

Just spoke to an immigration official and no - legal guardianship does not mean equal the child being considered a dependant and therefore can not be sponsored. I asked if I could sponsor the child as my nephew and she said there is no class that would allow that however on their website there is a link for "other eligible relative" and nieces and nephews are listed so I'm not sure what she meant by that.

There are certain cases where one can sponsor one's niece or nephew - basically, you can't have any other living relatives, so it rarely applies. You can also sponsor a niece or nephew if you live in Saskatchewan or Manitoba.
However, having him come here to study is the fastest way. Good luck!

 

[Baloo]

I asked if I could sponsor the child as my nephew and she said there is no class that would allow that however on their website there is a link for "other eligible relative" and nieces and nephews are listed so I'm not sure what she meant by that.

You should note that the helpline staff do not always get things right, calling twice and getting two differing answers can happen.

 

[PMM]

Hi

You should note that the helpline staff do not always get things right, calling twice and getting two differing answers can happen.

In this case they are right. The child is not his nephew, there is no actual blood relationship.