Hi, can I claim the siblings points for my brother in law who has his PR card, and is living in Canada for a month?
Sibling points using COPR
- Thread starter Curious20
- Start date
Hello Guys,
I have a query regarding sibling points. My brother recently got his Canada PR card and I want to claim sibling points in my EE profile. However, he still works for a company in the United States and so he stays in the USA on weekdays from (Monday to Friday), and he goes back to Canada on Friday evening and stays there until the weekend. My brother has proof of residence documents like bank statements from credit card and bank account, which shows his current residence address in Canada. So technically he lives in Canada but only on the weekends and goes back to the USA and lives there on weekdays. He does this every week. So my question is, can I still claim the sibling points? Please suggest and thanks in advance!
Don't believe you can claim points. He is living and working in the us while visiting Canada on the weekends. Is hea resident for tax purposes in Canada? Where does he stay on the weekends?
Thanks for your response. No, he eventually wants to stay in Canada and actively looking for job opportunities there, but until he finds one he doesn't want to quit his job in the USA.
So, what he commutes everyday? He lives in Windsor and his workplace is in Detroit and so he can commute everyday to work on the road. In this case, he technically lives in Canada and only crossing the border for work everyday.
Does he have a home in Canada? Has he been claiming that he is a tax resident of Canada?
Residency vs. Tax Residency.
While submitting your application you'll need to provide a proof of residence in Canada for your sibling. Examples of supporting documents as given by IRCC include:
"-a copy of your brother or sister's bank statement or utility bill showing their address in canada"
I do not believe the question of "Tax Residency" arises here. In any case, based on current processing times, if your brother is actively seeking a job in Canada I am fairly sure he might already be residing full time in Canada by the time your Eligibility is processed.
(Considering you're going to fill your profile, get an ITA after two weeks and take 30-45 days till AoR and then standard processing time for US residents that's hovering around 3-5 months right now.)
While submitting your application you'll need to provide a proof of residence in Canada for your sibling. Examples of supporting documents as given by IRCC include:
"-a copy of your brother or sister's bank statement or utility bill showing their address in canada"
I do not believe the question of "Tax Residency" arises here. In any case, based on current processing times, if your brother is actively seeking a job in Canada I am fairly sure he might already be residing full time in Canada by the time your Eligibility is processed.
(Considering you're going to fill your profile, get an ITA after two weeks and take 30-45 days till AoR and then standard processing time for US residents that's hovering around 3-5 months right now.)
Was trying to get to the bottom of whether he actually had a home in Canada that's why I was asking about whether he was even declaring himself a resident for tax purposes. @jokerdurden was saying that her brother lived in Canada. It stated out just being on weekends and was trying to figure out if this was his home or the home of friends and/or family.
It is a risky move to claim the points not knowing whether the brother will actually leave his job and how hard he is looking.
It looks like the sibling point will make the difference between being accepted or refused. Assume a new job would not be in Windsor so there is time needed fo relocation. I also think CIC will look at when the brother was actually living and working in Canada. If the person doesn't qualify when you initially claimed the points, the points could not be counted. My suggestion would be to only claim the points once your brother is living and working in Canada if you are dependent on his points. If you will be safe without his points then apply now.
Thank you for your detailed response! I'm already in the pool with 453 points but I haven't added my sibling points as I am not sure if I can claim that at this point. I'll wait for a while and see how CRS score goes in the next few weeks. Meanwhile, If my brother finds a job there and moves there I will be able to add those points.
Thank you for your suggestions. He currently rented a place and sharing an apartment with others. I'm already in the pool with 453 points and that is why I'm doing my research now and asking folks here to see if I can claim the sibling points so that I will get an additional 15 points and I would stand a better chance getting an ITA in the next draw. I guess I would wait now and see how CRS scores go in the coming weeks.
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Did it work? I mean claiming points in this situation where your brother actually does not reside but kind of canada is his home. I am in a similar situation.