Sponsoring a sister-in-law (under 18) - what are the conditions?

[ivelinan]

I am currently being sponsored by my husband, and waiting for my COPR and to "land", which should be happening within the next couple of months. My sister is turning 18 in October of 2013, and we want to sponsor her before that happens. What is unclear to us is:

1. Can my husband sponsor a sister-in-law or only his own siblings? If he can, we would just go ahead and start the process for her now. His income bracket allows for a second person, so that should be no problem as long as she falls under the "eligible sponsored person" definition. But if she does not, then:

2. Can I sponsor her as soon as I get my PR card, or is there a required waiting period before a sponsored person can in turn sponsor someone else?

I searched and searched, but cannot find specific info on our case in CIC or here, so hopefully someone can share their knowledge. Thanks

 

[truesmile]

Depends on what country. If from a Visa-Exempt country, she can come and visit for up to 6 months. If it's not a visa exempt country, she will have to apply for a visitors visa. You will not be able to sponsor your sister in the family class.

Author: Parker

 

[frege]

I am currently being sponsored by my husband, and waiting for my COPR and to "land", which should be happening within the next couple of months. My sister is turning 18 in October of 2013, and we want to sponsor her before that happens. What is unclear to us is:

1. Can my husband sponsor a sister-in-law or only his own siblings? If he can, we would just go again and start the process for her now. His income bracket allows for a second person, so that should be no problem as long as she falls under the "eligible sponsored person" definition. But if she does not cannot, then:

2. Can I sponsor her as soon as I get my PR card, or is there a required waiting period before a sponsored person can in turn sponsor someone else?

I searched and searched, but cannot find specific info on our case in CIC or here, so hopefully someone can share their knowledge. Thanks

You would have to sponsor her, not your husband. However, both your incomes would be taken into account. I believe you could do this as soon as you became a permanent resident of Canada (and lived in Canada).

However, you can normally do this only if your sister is an orphan and under 18. Otherwise, the application would not be routine and there would have to be humanitarian grounds or other special circumstances.

More details here:

http://www.cic.gc.ca/english/information/applications/guides/5196ETOC.asp

 

[rjessome]

You would have to sponsor her, not your husband. However, both your incomes would be taken into account. I believe you could do this as soon as you became a permanent resident of Canada (and lived in Canada).

However, you can normally do this only if your sister is an orphan and under 18. Otherwise, the application would not be routine and there would have to be humanitarian grounds or other special circumstances.

More details here:

http://www.cic.gc.ca/english/information/applications/guides/5196ETOC.asp

If the sister is not an orphan per CIC's definition, she cannot be sponsored. Her perspective sponsor just said she is married so that also removes the other "lonely Canadian" option. H&C considerations based on what? Overseas H&C applications are extremely difficult and rarely approved. Must have extraordinary circumstances.

 

[ivelinan]

Depends on what country. If from a Visa-Exempt country, she can come and visit for up to 6 months. If it's not a visa exempt country, she will have to apply for a visitors visa. You will not be able to sponsor your sister in the family class.

Author: Parker

we don't want her to visit, we are sponsoring her for PR, as a sibling under 18

 

[parker24]

we don't want her to visit, we are sponsoring her for PR, as a sibling under 18

Are her parents alive? If so, you won't be able to sponsor her.

 

[rjessome]

we don't want her to visit, we are sponsoring her for PR, as a sibling under 18

You can't sponsor her. There is no category of sponsorship for siblings.

 

[R151NG5UN]

we don't want her to visit, we are sponsoring her for PR, as a sibling under 18

Yeah this 1 is a no-goer. There are so many factors why this will be declined. Firstly you have to have resided in Canada for a certain period of time (I believe 5 years it maybe 3) before you can consider sponsoring anybody.

Your husband will not be allowed to sponsor his SIL.

Unless your sister is an orphan and you were a lonely Canadian then you could possibly, once you qualify which since you are brand new PR is a fairly long way off and your married and you have not mentioned if your sister has siblings and/ or parents in her home country. Sorry to say but her only way to come to Canada is as a visitor or using one of the other classes such as FSW/PNP.

 

[PMM]

Hi

Yeah this 1 is a no-goer. There are so many factors why this will be declined. Firstly you have to have resided in Canada for a certain period of time (I believe 5 years it maybe 3) before you can consider sponsoring anybody.

Your husband will not be allowed to sponsor his SIL.

Unless your sister is an orphan and you were a lonely Canadian then you could possibly, once you qualify which since you are brand new PR is a fairly long way off and your married and you have not mentioned if your sister has siblings and/ or parents in her home country. Sorry to say but her only way to come to Canada is as a visitor or using one of the other classes such as FSW/PNP.

1. Firstly you have to have resided in Canada for a certain period of time (I believe 5 years it maybe 3) before you can consider sponsoring anybody.
Incorrect. You have to be a PR or Citizen to sponsor. Sponsors can't sponsor another spouse for 3 afters the first lands, and a sponsored spouse can't sponsor another spouse for 5 years.

 

[ivelinan]

Oh WOW... how is it possible that I (and my whole family actually) have miss-understood the part about siblings!? I was certain that a person can sponsor their brothers and sisters for PR as long as they are under 18, but I guess that clause is just for your own children ....

 

[frege]

Oh WOW... how is it possible that I (and my whole family actually) have miss-understood the part about siblings!? I was certain that a person can sponsor their brothers and sisters for PR as long as they are under 18, but I guess that clause is just for your own children ....

You can sponsor a sibling if they're an orphan, unmarried and under 18.

If you're a U.S. citizen, you can sponsor a sibling even if they're adult and not an orphan. This is a difference between the U.S. and Canada and may be a source of confusion.

 

[Leon]

You would not be able to sponsor her under the federal immigration program unless she is under 18 and orphaned. You would have to sponsor her yourself and your husband would have to co-sign for his income to be counted.

However, you could sponsor her under a provincial nominee program if you take up residence in SK or MB. If you have lived there for a year and your sister also completes an education or apprenticeship and has worked in her field of training for 1-2 years as well as in SK, she would also need a job offer, you would be able to sponsor her. If you feel like doing this, take a close look at the immigration programs in both provinces.

In SK, your sister only has to be 18, has to have 1 yr. education, training or apprenticeship, has to have 1 yr. work experience in her field but would need a skilled job offer, see http://www.saskimmigrationcanada.ca/family-referral

In MB, she would have to be at least 21, has to have 1 yr. education, training or apprenticeship, has to have 2 yrs. work experience, see http://www.immigratemanitoba.com/how-to-immigrate/eligibility/

In MB, you would have to wait 3 years to sponsor her during which time she needs to get the training and work experience. In SK, you could do it already after 2 years but she would need a job offer.

Of course it also depends on if you and your husband feel like moving to one of these provinces.

 

[scylla]

Oh WOW... how is it possible that I (and my whole family actually) have miss-understood the part about siblings!? I was certain that a person can sponsor their brothers and sisters for PR as long as they are under 18, but I guess that clause is just for your own children ....

Yes - unfortunately you misunderstood. If your sister was an orphan, the situation would be different. As things stand now - sponsoring her is not possible. She will have to qualify to immigrate independently.

 

[ivelinan]

Yes - unfortunately you misunderstood. If your sister was an orphan, the situation would be different. As things stand now - sponsoring her is not possible. She will have to qualify to immigrate independently.

Thank you everyone. I'm still in shock of the news :/

Like someone here mentioned, in the US you most def. can bring your siblings over (granted it takes anywhere from 5 to 15 years for the queue, or at least it used to), so it absolutly never crossed my mind that you cannot do that in Canada... ESPECIALLY considering how bent on helping people re-assemble their families the CIC always appears to be.

With that wrong assumption in mind, we have miss-read the instructions on the site. Now I have to break the news to our mom, and she will absolutly not believe me ;D

I have another question then. Should my sister get a student visa, start studying, wait to turn 18, and THEN apply for PR under the Skilled Worker Class? Or is there any change that she can be aproved directly for a PR card without yet having completed any secondery education and not having working experience ?

What we are trying to acomplish is getting her PR in order to minimize school costs b/c our parents cannot afford to pay for her college. Besides, she's been dreaming of living in Montreal for ever, and she will do it either way. We are just trying to figure out what the smartest way to have her immigrate, study and then work is in terms of her life plan

Thanks again

 

[amikety]

Chances of her getting a Skilled PR without university education is extremely slim.

One idea is have her take a course for childcare (6 months or longer) then she can apply to the Live-in Caregiver program. She will work as a nanny for two years, then can apply for the Canadian Experience Class PR. With her being so young, I would tell her to get some legal, paid childcare experience too. She can register with many agencies across Canada. However, if she limits her job search to Montreal, she is limiting her chances too.