Minor Brother Sponsorship

[Navi1998]

Hi,
My parents passed away in 2020. And i want to sponsor my brother to Canada. I am currently Permanent Resident here.
On the cic website they are asking for guardianship but he has no legal guardian. He is 16 yrs old and is currently living with my uncle in India.
Could you please advise who can be the legal guardian of my brother.
Me or my uncle?

 

[DimT44]

Hi,
My parents passed away in 2020. And i want to sponsor my brother to Canada. I am currently Permanent Resident here.
On the cic website they are asking for guardianship but he has no legal guardian. He is 16 yrs old and is currently living with my uncle in India.
Could you please advise who can be the legal guardian of my brother.
Me or my uncle?

Do you meet all the requirements of the "Lonely Canadian Program"?

From what you described it sounds like currently his guardian is your uncle. The legal aspect is really a question about guardianship laws in India, so you need to figure that out somehow. How was it decided that your brother should go to live with your uncle?

 

[Navi1998]

Hi ,
Thank you for replying.
There were no legal documents included for my brother to stay with my uncle.

My uncle decided to take care of my brother until i get settled here in Canada. I just got my PR last September and since then Iam working on gathering the documents for my brother’s sponsorship.

I do meet all the requirements to sponsor my brother.

 

[DimT44]

Hi ,
Thank you for replying.
There were no legal documents included for my brother to stay with my uncle.

My uncle decided to take care of my brother until i get settled here in Canada. I just got my PR last September and since then Iam working on gathering the documents for my brother’s sponsorship.

I do meet all the requirements to sponsor my brother.

A quick Google search is showing that “Family court” in India is responsible for appointing legal guardians if both parents are not alive.

 

[Navi1998]

But who can be the legal guardian.
Me or my uncle?
As i need signatures on sponsorship file.
I am not sure if i should act as legal guardian or my uncle.

 

[scylla]

But who can be the legal guardian.
Me or my uncle?
As i need signatures on sponsorship file.
I am not sure if i should act as legal guardian or my uncle.

What country is your brother in right now? Where is he living with his uncle? I think you will need to start by sorting out how guardianship laws work and are recognized in that country to determine if your uncle can in fact be classified as the guardian.

 

[Navi1998]

He is currently in India living at my uncle’s house(my dad’s brother)

 

[scylla]

He is currently in India living at my uncle’s house(my dad’s brother)

So you need to research the guardianship rules in India.

 

[scylla]

He is currently in India living at my uncle’s house(my dad’s brother)

In my opinion your uncle currently has guardianship, at least notionally. However IRCC may ask you to produce documentation to support this so it's important to understand how the laws in India treat this.

 

[canuck78]

Hi ,
Thank you for replying.
There were no legal documents included for my brother to stay with my uncle.

My uncle decided to take care of my brother until i get settled here in Canada. I just got my PR last September and since then Iam working on gathering the documents for my brother’s sponsorship.

I do meet all the requirements to sponsor my brother.

Did you get PR after your parents passed? After your parents passed who took legal guardianship of your brother and who did he live with? Sponsorship is likely to take quite a long time so both your brother and uncle should be aware of this. You first need to establish legal guardianship in India. Would be speaking to a lawyer in India to start the guardianship process.

 

[Navi1998]

Did you get PR after your parents passed? After your parents passed who took legal guardianship of your brother and who did he live with? Sponsorship is likely to take quite a long time so both your brother and uncle should be aware of this. You first need to establish legal guardianship in India. Would be speaking to a lawyer in India to start the guardianship process.

My parents passed away before my PR in 2020.
I was on Workpermit at that time. And didn’t get chance to do any legal guardianship.
There is no legal guardian of him.
I got my PR in Sep -2021.

 

[Navi1998]

In my opinion your uncle currently has guardianship, at least notionally. However IRCC may ask you to produce documentation to support this so it's important to understand how the laws in India treat this.

Isnt it possible for me to become legal guardian of my brother?

 

[scylla]

Isnt it possible for me to become legal guardian of my brother?

Probably. I don't know. You have to sort out how legal guardianship works in India.