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Can I be a legal guardian of a dependent to sponsor or do I have to adopt the child

SDOUGLAS

Star Member
May 3, 2017
98
30
Brampton ON
Category........
FAM
Visa Office......
Missisauga
Hi guys, I am a permanent resident of Canada. There’s a little girl in another country that I want to bring to Canada. She is like a daughter to me . If I become her legal guardian can I sponsor her ? Or do I have to adopt her?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
So legal guardian doesn’t count?
Correct.
Also note that adoption just for the child to gain immigration status is not permitted.
It's an "Adoption of Convenience" and will cause sponsorship to be refused.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi guys, I am a permanent resident of Canada. There’s a little girl in another country that I want to bring to Canada. She is like a daughter to me . If I become her legal guardian can I sponsor her ? Or do I have to adopt her?
You need to adopt. As zardoz said, the issue is whether it will be classed as an Adoption of Convenience. Are you related to the child? Who cares for her right now? Is she with the biological parents?
 

MichelSa

Member
Sep 29, 2020
16
1
Hi Guys,
I live with my brother in our country, i am his legal guardian by local court decision, as our parents have passed away a while ago, and we are alone, the thing is that he has a mental retardation (slow learner) therefore i am his legal guardian.
The question is can i sponsor him to come to Canada, as am his legal guardian and he is alone, as well as he is my only brother and i cannot leave him alone.?
 

mashulia_26

Hero Member
Apr 6, 2018
356
119
Hi Guys,
I live with my brother in our country, i am his legal guardian by local court decision, as our parents have passed away a while ago, and we are alone, the thing is that he has a mental retardation (slow learner) therefore i am his legal guardian.
The question is can i sponsor him to come to Canada, as am his legal guardian and he is alone, as well as he is my only brother and i cannot leave him alone.?
What is your status in Canada? Are you a PR or a citizen?
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi Guys,
I live with my brother in our country, i am his legal guardian by local court decision, as our parents have passed away a while ago, and we are alone, the thing is that he has a mental retardation (slow learner) therefore i am his legal guardian.
The question is can i sponsor him to come to Canada, as am his legal guardian and he is alone, as well as he is my only brother and i cannot leave him alone.?
Depends on how old he is. If he's under 18, you can sponsor him.

Since you are a PR, you must be living in Canada to sponsor him. You can't do it from outside of Canada.
 

MichelSa

Member
Sep 29, 2020
16
1
No he is above 18, but again he has a little mental disability (proven by a certified physician) therefore he cannot live by himself. This is why i am his legal guardian. So if he is above 18 this is impossible?
 

scylla

VIP Member
Jun 8, 2010
95,862
22,119
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No he is above 18, but again he has a little mental disability (proven by a certified physician) therefore he cannot live by himself. This is why i am his legal guardian. So if he is above 18 this is impossible?
Only possible if all of the following are true:

- You are single (unmarried, not in a common law relationship)
- You have no children
- Both of your parents are deceased
- You have no family in Canada (no siblings, aunts, uncles, etc.)

If all of the above is true, then you can apply to sponsor him. He will need to pass a medical as part of the process and depending on his condition, there is some chance he could be refused due to concerns that he may place a burden on Canada from a health care and social services perspective.
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,523
Only possible if all of the following are true:

- You are single (unmarried, not in a common law relationship)
- You have no children
- Both of your parents are deceased
- You have no family in Canada (no siblings, aunts, uncles, etc.)

If all of the above is true, then you can apply to sponsor him. He will need to pass a medical as part of the process and depending on his condition, there is some chance he could be refused due to concerns that he may place a burden on Canada from a health care and social services perspective.
Assume there is a high chance of refusal if there are concerns that he will apply for disability. @MichelSa is your brother working? To apply for the "lonely Canadian" sponsorship you'll need to be in Canada and compliant with your RO so you will be separated for over a year even if he is approved.
 

jeenu123

Star Member
Jun 20, 2019
166
15
BC
Category........
No he is above 18, but again he has a little mental disability (proven by a certified physician) therefore he cannot live by himself. This is why i am his legal guardian. So if he is above 18 this is impossible?
You must have found out your way by now. Please share your experience to help me. I am in similar situation as yours. Please

Who you can include as a dependent child on an immigration application

If you want to apply to come to Canada as a permanent immigrant, or to work, study or visit, you may be able to include dependent children on your application.
Children qualify as dependants if they
  • are under 22 years old and
  • don’t have a spouse or partner
Dependants over the age limit
Children 22 or older qualify as dependants if they
  • have depended on their parents for financial support since before they were 22 and
  • can’t financially support themselves because of a mental or physical condition
S
 

Naturgrl

VIP Member
Apr 5, 2020
44,918
9,519
o
You must have found out your way by now. Please share your experience to help me. I am in similar situation as yours. Please

Who you can include as a dependent child on an immigration application

If you want to apply to come to Canada as a permanent immigrant, or to work, study or visit, you may be able to include dependent children on your application.
Children qualify as dependants if they
  • are under 22 years old and
  • don’t have a spouse or partner
Dependants over the age limit
Children 22 or older qualify as dependants if they
  • have depended on their parents for financial support since before they were 22 and
  • can’t financially support themselves because of a mental or physical condition
S
You are not a lonely Canadian nor can you adopt your sister.
 
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