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Humanitarian and compassionate Grounds

MRS LEE

Newbie
Mar 29, 2012
9
0
I'm a Canadian who sponsored my husband 1year ago to Canada he has adjusted very well and is working earning a good income.
I had added his three siblings as additional family members to his PR applications before, and would now like for them to join us here in Canada under humanitarian grounds.

our major concern is the youngest who is 19 and my husbands have been the sole caregiver and guardian for him since the passing of their mother seven years ago.
Although we have both been taking care of him financially he is struggling emotionally not able to cope with the sudden changes and, not adjusting well to no longer having his brother and myself around, as his sole support system.

the other two siblings are 23 and 25 and are in difficulty as well as they also relayed heavily on our family structure and financial supplement, providing shelter and food, internet access etc.
they have depended substantially on the financial support of my husband and me since 2010 before the coming of ages and is unable to be financially self-support themselves due to the volatile conditions and economic state back home in their country of Jamaica.

our combined income is strong and other than the lonely person rule factor and the age of a few of his siblings
I'm not sure where to start.

I would like some direction on how i would go about the application, would it be me as the sponsor for my husband and request an exception or special consideration to add his siblings as dependents from his original application
or
apply for permanent residence for each of them individually
or
my husband sponsors them under another relative asking that the loney person exemption
via



Humanitarian and compassionate considerations — request of foreign national


25. (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible or does not meet the requirements of this Act, and may, on request of a foreign national outside Canada who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

Accompanying family member outside Canada
  • 69 (1) A foreign national who is an accompanying family member of a foreign national to whom a permanent resident visa is issued under section 67 shall be issued a permanent resident visa if, following an examination, it is established that
  • (a) the accompanying family member is not inadmissible; and
  • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province
Requirements — family member

69.1 Subject to subsection 25.1(1), to be considered a family member of the applicant, a person shall be a family member of an applicant both at the time the application under section 66 is made and at the time of the determination of the application.
 

Buletruck

VIP Member
May 18, 2015
6,882
2,715
Your husband won't be able to sponsor his sibling, in particular the older ones. If he was awarded custody of his younger brother by the courts, there might be some chance. If the younger brother didn't have medicals done during the sponsorship of your husband, then IRCC didn't consider him a dependent and he won't be able to sponsor him either. If your husband has relatives in Canada now, the chances of them allowing for the "Lonely Canadian" are zero, as your husband is here and that negated the lonely Canadian exemption.

This has been explained to you previously: https://www.canadavisa.com/canada-immigration-discussion-board/threads/sponsor-brother.533649/
 
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MRS LEE

Newbie
Mar 29, 2012
9
0
Is the an exception or special consideration i can apply for to add his siblings as dependents from his original application under Humanitarian Grounds
 

MRS LEE

Newbie
Mar 29, 2012
9
0
Siblings aren't dependents. They would need to find a way to immigrate on their own.
Orphaned siblings in his case for the 19 year old. Asking for humanitarian exemption to recognize my husband as the guardian and sole caregiver to include his brother as a dependent and bypass the biological father in the application as he has been a abesnt parent.
 

Buletruck

VIP Member
May 18, 2015
6,882
2,715
Most likely it would be seen as immigration of convenience. You might have a chance, but I would think the odds are stacked against you. H&C is difficult to win and takes a long time.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
our major concern is the youngest who is 19 and my husbands have been the sole caregiver and guardian for him since the passing of their mother seven years ago.
Although we have both been taking care of him financially he is struggling emotionally not able to cope with the sudden changes and, not adjusting well to no longer having his brother and myself around, as his sole support system.

the other two siblings are 23 and 25 and are in difficulty as well as they also relayed heavily on our family structure and financial supplement, providing shelter and food, internet access etc.
I would say there is effectively zero chance to sponsor the 2 older brothers. They are considered adults by IRCC, and as such would be seen to be able to take care of themselves.

The younger one there are some H&C elements. However as mentioned it may take a long time for the application process to go through, and no guarantee it will be approved. You may see a rejected app at first, and then may need to go through appeals process which still isn't guaranteed.

Note to sponsor an orphaned sibling directly they must be aged 18 and under, so does not apply to this case.

There may be 2 possible ways to attempt a PR app for just the younger child:
1. Officially adopt him (under presumption the father has completely abandoned him and is nowhere to be found), and sponsor him as such. Not sure legality of this since age of 19 is considered age of majority, so adoption may not be possible.
2. Get the child an approved TRV to visit Canada, and once he's inside Canada file a H&C PR app for him.

Due to the complexity of this case, using an experienced lawyer to guide you through the process would be recommended.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
95,938
22,177
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
Orphaned siblings in his case for the 19 year old. Asking for humanitarian exemption to recognize my husband as the guardian and sole caregiver to include his brother as a dependent and bypass the biological father in the application as he has been a abesnt parent.
The siblings must be physically in Canada in order to file an H&C application.
 

MRS LEE

Newbie
Mar 29, 2012
9
0
I would say there is effectively zero chance to sponsor the 2 older brothers. They are considered adults by IRCC, and as such would be seen to be able to take care of themselves.

The younger one there are some H&C elements. However as mentioned it may take a long time for the application process to go through, and no guarantee it will be approved. You may see a rejected app at first, and then may need to go through appeals process which still isn't guaranteed.

Note to sponsor an orphaned sibling directly they must be aged 18 and under, so does not apply to this case.

There may be 2 possible ways to attempt a PR app for just the younger child:
1. Officially adopt him (under presumption the father has completely abandoned him and is nowhere to be found), and sponsor him as such. Not sure legality of this since age of 19 is considered age of majority, so adoption may not be possible.
2. Get the child an approved TRV to visit Canada, and once he's inside Canada file a H&C PR app for him.

Due to the complexity of this case, using an experienced lawyer to guide you through the process would be recommended.
Thanks
 

MRS LEE

Newbie
Mar 29, 2012
9
0
I would say there is effectively zero chance to sponsor the 2 older brothers. They are considered adults by IRCC, and as such would be seen to be able to take care of themselves.

The younger one there are some H&C elements. However as mentioned it may take a long time for the application process to go through, and no guarantee it will be approved. You may see a rejected app at first, and then may need to go through appeals process which still isn't guaranteed.

Note to sponsor an orphaned sibling directly they must be aged 18 and under, so does not apply to this case.

There may be 2 possible ways to attempt a PR app for just the younger child:
1. Officially adopt him (under presumption the father has completely abandoned him and is nowhere to be found), and sponsor him as such. Not sure legality of this since age of 19 is considered age of majority, so adoption may not be possible.
2. Get the child an approved TRV to visit Canada, and once he's inside Canada file a H&C PR app for him.

Due to the complexity of this case, using an experienced lawyer to guide you through the process would be recommended.
Really appreciate your help