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In Canada as a Visitor - Want Permanent Residency - Married to a Canadian

jvdplg

Newbie
Jun 24, 2013
1
0
My brother is Canadian. Almost 5 years ago he moved to Australia, married an Australian girl and has been living over there since then. He came back to Canada this spring to help my parents move and decided to stay. His wife and two children just arrived two weeks ago as visitors.
Can they apply for permanent residency now, after being in Canada for two weeks as visitors?
Can my brother sponsor them though he has only been back in Canada for 2 months?
Does it look bad on an application that they came as visitors and are now applying for PR?
Also, their youngest child (8 months old) has hemophilia. Will that result in the child being denied?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


jvdplg said:
My brother is Canadian. Almost 5 years ago he moved to Australia, married an Australian girl and has been living over there since then. He came back to Canada this spring to help my parents move and decided to stay. His wife and two children just arrived two weeks ago as visitors.
Can they apply for permanent residency now, after being in Canada for two weeks as visitors?
Can my brother sponsor them though he has only been back in Canada for 2 months?
Does it look bad on an application that they came as visitors and are now applying for PR?
Also, their youngest child (8 months old) has hemophilia. Will that result in the child being denied?
1. Assuming that he either received his citizenship through birth or naturalization his children are citizens already if they were born when he was a citizen. He should apply for proof of citizenship for them:
http://www.cic.gc.ca/english/citizenship/proof-how.asp
2. He can sponsor his spouse by either "in-Canada" or out of Canada. http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp
3. The processing time for "in Canada" is about 14 months, the out of Canada selecting Sydney as the processing office is 27 days at Mississauga and 10 months at Sydney for 80% of the applications, depending on the the strike (yes you can apply for out of Canada spousal, while residing in Canada) The problem with Sydney is that if an interview is required (unlikely with 2 kids in Common and I assume no criminality) it would be in Sydney.
4. As long as he is not collecting social assistance, he is eligible as a sponsor.