Help!!! Can my Aunty sponsor me to Canada?

[mandySEP]

The Second one is so long so I copied part of it, the last ones I don't copy are the charges

Dear XX:



Per our conversation today, I’m pleased to provide you with the exact legislation in the Immigrant Refugee and Protection Act (IRPA) pertaining to the ability to sponsor a relative who has no family in Canada defined as a “spouse” (husband), a child (son or daughter), “a relative who is a child of that mother or father” (sibling, aunt or uncle), “a relative who is a child of a child of that mother or father” (grandchild, niece or nephew), “a mother or father of that mother or father (grandparent) or “a relative who is a child of the mother or father of that mother or father” (a cousin).



For a review of the exact phrasing of the regulation, you may consult Section R117(1)(h) of the Refugee Protection and Immigration Act – Regulations:

xxxxxxxxxxx(like the link PMM offered)



In short, it appears that your Aunty has absolutely NO FAMILY left in Canada – and that your relative is a “Citizen” or “permanent resident” of Canada –she’s certainly eligible to petition anyone outside Canada under the family sponsorship program. As of today, the program is available for submission.

 

[mandySEP]

I have posted my applciation to CIC already and I am more confused now, however, I should be confident for one lawyer and PMM support my point ;D. Thanks for all of you. No matter what result I get, I will post it here in the future and face it in peace. ;D In fact, I just really want to immigrate to Canada for better education for her---my daughter. Sorry for my poor Chinese English and thanks for your guys' time for reading. ;D

 

[Avadava]

Even lawyers can't make up their mind. But then again, I've heard of many immigration lawyers that cause more pain than gain to their customers for not knowing how to do their job properly.

Looks like good news for you. I am inclined to go with the second lawyer in this case, because he quoted the regulations act which makes me believe that he's done his homework and knows what he's talking about.

Good luck with everything and keep us informed.

 

[user828]

Actually PMM corrected everyone, real credit goes to him. He is very helpful, cleared few jitters I had last year as well

 

[PMM]

Hi

I have got two letters from different lawyer(one is free charge and one is paid for 65USD ), here below I attached the first one:

Dear XX,

Hello and thank you for your email.

Unfortunately, since your aunt has multiple living siblings, she is not eligible to sponsor you to Canada through the Family Class Sponsorship program.

However, I should explain that there are more than 60 Canadian Immigration programs that are currently in place. In order to assess your eligibility under all of these programs and provide you with your Canadian Immigration options, I will need some more information about your employment and education history.

If you would like me to determine your eligibility under all the current Canadian Immigration programs, please fill out our General eligibility questionnaire at the following link:
xxxxx

You will receive a response within 24 hours.

I look forward to receiving your information.

don't go with the first one, since s/he doesn't know the regulation.

 

[wowsers]

Ignoring the sarcasm, I thank PMM for at last identifying the regulation which governs this area of immigration law and especially for the link, which makes life much easier. We can all now take a deep breath and start again, using the correct source for our analyses. It is clear to me from looking at past threads on the same issue that various myths have grown up on this forum about the applicable principles and it is time someone did some pro bono legal work to sort out the myths from the reality and to make the results generally available. I will try to find time over the next few days to do some further research on the issue. Unfortunately I cannot find time to do that today. It is clear that MandySEP has already received good advice (from the second lawyer whose advice he/she has quoted) and has already made the application; so the debate is no longer of practical importance to him/her. I think the better course is not to continue the thread which MandySEP started but to start a new thread with an easily identifiable title so that anyone wishing to look up the point can find it easily by using the forum's search engine. I will try to achieve that sometime next week, unless someone else starts it before then.

 

[mandySEP]

Hey Guys, how are you? I have got the File number on 26th, Feb. I am waiting for the result now. CIC just contacted with me today for more documents, such as"C", I don't know what it is so I pass it to my lawyer to follow it, and CIC requested me to send a form of my aunt's family members, it included the status of spouse, parents(grand parents), son, and daughter and silbings, niece and nephew. I am very afriad that CIC will reject my application for there are some silbings of my aunt in China. However, any news, I will post here and let it to be a special sample here.

 

[keesio]

Hey Guys, how are you? I have got the File number on 26th, Feb. I am waiting for the result now. CIC just contacted with me today for more documents, such as"C", I don't know what it is so I pass it to my lawyer to follow it, and CIC requested me to send a form of my aunt's family members, it included the status of spouse, parents(grand parents), son, and daughter and silbings, niece and nephew. I am very afriad that CIC will reject my application for there are some silbings of my aunt in China. However, any news, I will post here and let it to be a special sample here.

"C"? Do you mean "Option C"?

 

[screech339]

Hey Guys, how are you? I have got the File number on 26th, Feb. I am waiting for the result now. CIC just contacted with me today for more documents, such as"C", I don't know what it is so I pass it to my lawyer to follow it, and CIC requested me to send a form of my aunt's family members, it included the status of spouse, parents(grand parents), son, and daughter and silbings, niece and nephew. I am very afriad that CIC will reject my application for there are some silbings of my aunt in China. However, any news, I will post here and let it to be a special sample here.

It appears to mean "C" document is in reference to "option C" documents. This is a document issued by CRA verifying the official income of a specific taxation year. If CIC is requesting this, then your aunt would have to call CRA and ask them to send her the original copy of option C printout for the most recent taxation year, in her case 2012. This document will ensure CIC that your aunt has never been on social assistance and if applies here, meet income minimum requirement.

Screech339

 

[Regina]

Hi guys.

I have a similar question that's why I am reviving this thead.

Let's say I am a Canadian citizen living in Canada and I do not have any relatives in Canada at all. NONE.
But back in my counrty of origin I have a VERY old father with serious health issues (I believe he would be unadmissible on that grounds), an adult sister (and her children- my nieces) as well as my adult child.

In such circumtances will be I able to sponsor my child?

On the list of eligible relatives "a child"goes before "parent" and "sibling":

You can sponsor one relative of any age or relationship, but only if you do not have one of these living relatives who could be sponsored as a member of the family class:

•spouse or common-law partner,
•conjugal partner,
•son or daughter,
•parent,
•grandparent,
•sibling, or
•uncle, aunt, nephew or niece, and

you do not have any relative who is a:

•Canadian citizen,
•permanent resident or
•registered Indian under the Indian Act.

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Thank you for your input!

 

[screech339]

Hi guys.

I have a similar question that's why I am reviving this thead.

Let's say I am a Canadian citizen living in Canada and I do not have any relatives in Canada at all. NONE.
But back in my counrty of origin I have a VERY old father with serious health issues (I believe he would be unadmissible on that grounds), an adult sister (and her children- my nieces) as well as my adult child.

In such circumtances will be I able to sponsor my child?

On the list of eligible relatives "a child"goes before "parent" and "sibling":

You can sponsor one relative of any age or relationship, but only if you do not have one of these living relatives who could be sponsored as a member of the family class:

•spouse or common-law partner,
•conjugal partner,
•son or daughter,
•parent,
•grandparent,
•sibling, or
•uncle, aunt, nephew or niece, and

you do not have any relative who is a:

•Canadian citizen,
•permanent resident or
•registered Indian under the Indian Act.

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

Thank you for your input!

Unfortunately, parent sponsorship always trump everyone else. As long as your father is alive, regardless of health reasons, you cannot sponsor anyone else.

 

[keesio]

Unfortunately, parent sponsorship always trump everyone else. As long as your father is alive, regardless of health reasons, you cannot sponsor anyone else.

I'm not disagreeing but parents sponsorship would always take priority over trying to sponsor your own (adult) child?

 

[Regina]

Well, screech339 , you may be wrong about consequences of the relatives.
First of all we should pay attention who goes after whom on the list quoted above (spouse, son or daughter, only THEN parent, otherwice a niece could be sponsored before parent? or a parent before spouse? ), and also even if you are correct and father will have to be sponsored first, before child, in Operational Manual OP2 it states:

If a chosen relative is inadmissible, the sponsor may choose another relative

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
page 19
So my note about probable inadmissablity of the father was not without a reason.

 

[Regina]

Also, I have question for PMM
Further in what you quoted there is also (ii)

(h) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father

(i) who is a Canadian citizen, Indian or permanent resident, or

(ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.
What does it mean?

 

[screech339]

Well, screech339 , you may be wrong about consequences of the relatives.
First of all we should pay attention who goes after whom on the list quoted above (spouse, son or daughter, only THEN parent, otherwice a niece could be sponsored before parent? or a parent before spouse? ), and also even if you are correct and father will have to be sponsored first, before child, in Operational Manual OP2 it states:http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
page 19
So my note about probable inadmissablity of the father was not without a reason.

I agree that spouse/your dependent child comes first before parents. But even if you have a spouse and dependent child and they are not Canadian/PR, you can still sponsor your parents for PR before your spouse/child. There is nothing preventing a person from doing that. So my point still stands, parent sponsorship can still trump over everyone else, even spouse/child.