Advice on Family sponsorship

[Tinashe01]

Hi,

I have received my PR in December 2018, and was due to travel to Canada prior to Covid. I started working for a Canadian company who will relocate me once they begin to open their office so I am currently working remotely for them.

My father has passed away, and recently my mother suffered a stroke, however she is still alive. In light of this I was looking at ways in which I can sponsor my younger brother who is currently 20. Would I be able to sponsor him under the family class as other relative even though our mother is still alive given the current situation? Or am I better off trying to sponsor both my mother and him in one application (sponsoring my mother under the parent scheme, and adding my brother as a dependant). The income that I have from my current job would suffice for this form of sponsorship however I am worried about the following:

- I have submitted two years of tax returns even though I was not based in Canada, would these count towards the proof of income? Can I use income earned from my employment in Ireland, prior to moving to Canada, or does the income requirement specifically pertain to income from Canadian employment?

- The Parent's program is current closed and when it re - opens my brother could be over the required age for sponsoring a dependant.

TIA
Tinashe

 

[scylla]

Hi,

I have received my PR in December 2018, and was due to travel to Canada prior to Covid. I started working for a Canadian company who will relocate me once they begin to open their office so I am currently working remotely for them.

My father has passed away, and recently my mother suffered a stroke, however she is still alive. In light of this I was looking at ways in which I can sponsor my younger brother who is currently 20. Would I be able to sponsor him under the family class as other relative even though our mother is still alive given the current situation? Or am I better off trying to sponsor both my mother and him in one application (sponsoring my mother under the parent scheme, and adding my brother as a dependant). The income that I have from my current job would suffice for this form of sponsorship however I am worried about the following:

- I have submitted two years of tax returns even though I was not based in Canada, would these count towards the proof of income? Can I use income earned from my employment in Ireland, prior to moving to Canada, or does the income requirement specifically pertain to income from Canadian employment?

- The Parent's program is current closed and when it re - opens my brother could be over the required age for sponsoring a dependant.

TIA
Tinashe

You cannot sponsor your brother directly. You would need to sponsor your mother and include your brother as a dependent. To sponsor your mother, you will need to wait for the parent sponsorship program to re-open and hope you are selected. You will also need to have three years of income that meets the low income cut off and be physically living in Canada (you cannot sponsor while living outside of Canada).

Your brother can be included in the application as long as he is under 22 years old at the time the application is received. If he ages out, you'll only be able to sponsor your mother.

 

[Tinashe01]

Thanks for the response. I was thinking would I not have extenuating circumstances to, ie even though one parent is still alive medically they may not be in a situation to provide for my brother, so I would be effectively making this application on humanitarian and compassionate grounds, or do they not even look at the circumstances when trying to make such an application, and they just apply the letter of the law?

TIA

 

[scylla]

Thanks for the response. I was thinking would I not have extenuating circumstances to, ie even though one parent is still alive medically they may not be in a situation to provide for my brother, so I would be effectively making this application on humanitarian and compassionate grounds, or do they not even look at the circumstances when trying to make such an application, and they just apply the letter of the law?

TIA

You should expect letter of the law. Since one of your parents are still alive, your only option is to sponsor that parent and include your brother in the application.

I don't see any H&C considerations with your situation and I highly doubt IRCC would either. Your brother has no history in Canada. He is pretty much an adult now and able to provide for himself. You are also free to provide him with money to support himself if you wish. This doesn't require him to be in Canada - easy to send money overseas. Basically you're trying to find an easy path for PR for your brother. This isn't grounds for an H&C application.