Bringing Spouses Child From Australia

[charliollie]

I am a Canadian Citizen and I sponsored my husband to come to Canada from Australia and he is now a permanent resident of Canada...He has a son in Australia this lives with his mother and his mother now wants the son to come live with us. He was included as a dependant on my husbands application to come to Canada however he was included as a dependent that was not joining in Canada at this time. Now that we want his son to come here, I cannot seem to understand how to apply to get his son to be able to join us legally and attend school without paying international fees? Do we need to apply to be a sponsor again and me sponsor his as my spouses dependent or is there another faster way to bring him here? Thank-you!

 

[BethanyM]

I am a Canadian Citizen and I sponsored my husband to come to Canada from Australia and he is now a permanent resident of Canada...He has a son in Australia this lives with his mother and his mother now wants the son to come live with us. He was included as a dependant on my husbands application to come to Canada however he was included as a dependent that was not joining in Canada at this time. Now that we want his son to come here, I cannot seem to understand how to apply to get his son to be able to join us legally and attend school without paying international fees? Do we need to apply to be a sponsor again and me sponsor his as my spouses dependent or is there another faster way to bring him here? Thank-you!

From the CIC website:

"Non-accompanying family member: Family members who do not accompany the principal applicant may come to Canada at a later time. However, they will need to apply as a principal applicant in their own right and submit their own sponsorship while the public policy remains in effect. Family members in Canada may sponsor certain family members, such as a spouse, common-law partner, conjugal partner, dependent child (including adopted child) or other eligible relatives to become a permanent resident under the Family Class, as long as they meet the requirements of the family class program as it exists at the time they apply."

Yes, you need to do an entirely new sponsorship application for your husband's son.
The quoted text says he needs to meet the requirement of the family class program as it exists at the time they apply.
I'm not sure if the age cutoff would apply, and that's something you need to get clarity on. If the current age cutoff applies,
you could not sponsor him if he's over 18. --- not sure if that is correct, further info needed from someone else
If he's currently 18 you should have the sponsorship application received by CIC before he turns 19.

The govt plans to increase the age of dependents to 21 or 22. If they change the date, and the boy is over 18, you could apply after they change the age rule.

http://www.cic.gc.ca/english/information/applications/guides/6000PPETOC.asp

 

[canuck_in_uk]

I cannot seem to understand how to apply to get his son to be able to join us legally and attend school without paying international fees? Do we need to apply to be a sponsor again and me sponsor his as my spouses dependent or is there another faster way to bring him here? Thank-you!

You can't sponsor the child. His father must sponsor him. http://www.cic.gc.ca/english/information/applications/spouse.asp

For now, the child could come to Canada as a visitor. It is possible that the local school board or school will enroll the child as just a visitor if you show a PR app in process, or if he has a study permit, they may enroll him without requiring international fees. Many people have been able to do this with their visiting children/step-children while waiting for PR. However, it is all dependent on the school, as others have tried the same thing and been refused.

 

[charliollie]

What I cannot understand is, do I sponsor him or my husband? Because it also says on CIC that you cannot sponsor if you have been a permanent resident for under 5 years, I have seen that on that website in numerous places..but I am unsure if that applies to sponsoring his child or not? And there is a section where you can sponsor your SPOUSES dependent, so wondering if I need to do it that way? Ugh, I hope I can get it all clarified tomorrow on the phone. Next question is, can we apply for his PR if he is Canada or does he need to be outside of Canada?

 

[canuck_in_uk]

What I cannot understand is, do I sponsor him or my husband? Because it also says on CIC that you cannot sponsor if you have been a permanent resident for under 5 years, I have seen that on that website in numerous places..but I am unsure if that applies to sponsoring his child or not? And there is a section where you can sponsor your SPOUSES dependent, so wondering if I need to do it that way? Ugh, I hope I can get it all clarified tomorrow on the phone. Next question is, can we apply for his PR if he is Canada or does he need to be outside of Canada?

As I already stated, the father must sponsor him. There is no step-child sponsorship.

The 5 year sponsorship bar applies to SPOUSAL sponsorship only, i.e. your husband is unable to sponsor a spouse until 5 years after becoming a PR.

You can sponsor him while he is in Canada.

Don't bother with the IRCC Call Centre. Useless bunch of idiots.

 

[charliollie]

ha ha okay thank-you. So do you think we can bring him here as a visitor and then submit application for permanent residence for his son? Same way we did it all with sponsoring my spouse... Thank-you very much

 

[canuck_in_uk]

ha ha okay thank-you. So do you think we can bring him here as a visitor and then submit application for permanent residence for his son? Same way we did it all with sponsoring my spouse... Thank-you very much

Yes, that would be perfectly fine. I assume you have the other parent's permission for the child to immigrate?

 

[Rob_TO]

ha ha okay thank-you. So do you think we can bring him here as a visitor and then submit application for permanent residence for his son? Same way we did it all with sponsoring my spouse... Thank-you very much

You can start the sponsorship process while he's still in Australia to speed things up.

The application package to sponsor a child is here: http://www.cic.gc.ca/english/information/applications/spouse.asp

 

[charliollie]

If we start it while he is still in Australia, will we be able to bring him here before the application is processed?

 

[Rob_TO]

If we start it while he is still in Australia, will we be able to bring him here before the application is processed?

Sure, either way whether the PR app is already processing or not, he would still need eTA and would enter Canada as a visitor. Once in Canada you could then update CIC with the address change and they would send PR correspondence to Canadian address instead of Australia.

 

[charliollie]

Do you know if a study permit can be applied for within Canada?