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Sponsoring dependent Sister over 18 years old, student & no more parents

Tammy10

Newbie
Jan 12, 2014
3
0
Hi Everyone,
Our Parents are both deceased hence I would like to sponsor my dependent sister, over 18 yrs. old & student to be with me here in Alberta. My husband & I are both PR card holder. Please advise.


Appreciate all your contribution. Thanks
 

sunshinemrc

Hero Member
Dec 16, 2013
208
11
Based on my knowledge you cannot sponsor her as although she is an orphan she is over 18.

You can sponsor:

-brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship
-another relative of any age or relationship but only under specific conditions (see Note below)
-accompanying relatives of the above (for example, spouse, partner and dependent children).

Note: You can sponsor one relative regardless of age or relationship only if you do not have a living spouse or common-law partner, conjugal partner, a son or daughter, parent, grandparent, sibling, uncle, aunt, nephew or niece who could be sponsored as a member of the family class, and you do not have any relative who is a Canadian citizen or a permanent resident or registered as an Indian under the Indian Act.
 
M

mikeymyke

Guest
Tammy10 said:
Hi Everyone,
Our Parents are both deceased hence I would like to sponsor my dependent sister, over 18 yrs. old & student to be with me here in Alberta. My husband & I are both PR card holder. Please advise.


Appreciate all your contribution. Thanks
You are married so you cannot sponsor her
 

Tammy10

Newbie
Jan 12, 2014
3
0
Thanks for all your replies…
Is there any way I could get her? please give me some suggestion.

Again, thank you in advance.
 

YYZguy416

Star Member
Apr 29, 2013
188
5
She can come as a student, then work and then become a PR.


Tammy10 said:
Thanks for all your replies...
Is there any way I could get her? please give me some suggestion.

Again, thank you in advance.
 

sunshinemrc

Hero Member
Dec 16, 2013
208
11
As YYZguy posted, I think the easiest may be a student visa. I am not very knowledgeable in student visas, but I believe that after successfully completing the initial 6 months of studies (and under some conditions) she can also obtain a special work permit which would allow her to also work 20 hours a week, and continue her studies. Once she successfully completes studies she can remain in Canada on a work permit, and with that, she can apply for a PR under the available programs.

Check out the link below. It may be helpful.

http://www.cic.gc.ca/english/study/work.asp
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Tammy10 said:
Thanks for all your replies...
Is there any way I could get her? please give me some suggestion.

Again, thank you in advance.
There isn't really any way for you to bring her here. She will need to qualify on her own merits. The Come to Canada Tool is basic but a good start http://www.cic.gc.ca/ctc-vac/cometocanada.asp

There are many federal streams for PR and she should look at individual provincial nomination programs as well. If she doesn't qualify outright for one of those streams, she can try for a study permit that will get her a Post Grad Work Permit. If she works a full-time skilled job (must be NOC A, B or 0) for at least a year, she can apply for PR through the Canadian Experience Class.
 

user828

VIP Member
Apr 2, 2012
3,439
82
Vancouver
Category........
Visa Office......
New Delhi ( Parents Sponsorship )
App. Filed.......
19-10-2017
AOR Received.
01-12-2017
Find a suitable groom here - seriously
 

Avadava

Hero Member
Oct 11, 2013
818
79
Vancouver
Category........
FAM
Visa Office......
Vienna
App. Filed.......
December 3, 2013
AOR Received.
Stage 1 AOR + SA January 8, 2014
File Transfer...
January 12, 2014
Med's Request
Further Medical Tests Requested: October 24, 2013
Med's Done....
October 15, 2013
Interview........
Waived
Passport Req..
October 20, 2014
VISA ISSUED...
October 27, 2014
LANDED..........
January 17, 2015
I remember reading somewhere that if a child is over 18 years old, but if he/she has been continuously enrolled in a secondary school institution and has no spouse or common law partner, it still qualifies as a dependent of the parents for parents sponsorship purposes. And since your parents are dead, it is possible that she is a dependent of you now.
You should look into this, maybe consult a lawyer.

I found this:
"Dependent children

A son or daughter is dependent when the child:

is under age 22 and does not have a spouse or common-law partner,
is over age 22 and has
been enrolled as a full-time student on an ongoing basis and
depended largely on the financial support of a parent since before age 22,
became a spouse or a common-law partner before age 22 and has
been enrolled as a full-time student on an ongoing basis and
depended largely on the financial support of a parent since they became a spouse or common-law partner, or
is over age 22 and has depended largely on the financial support of a parent since before age 22 because of a physical or mental condition."

So if your parents weren't dead, she would be dependent of your parents. The question is: can this "dependency" be transferred to a sibling when the parents pass away?
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Avadava said:
I remember reading somewhere that if a child is over 18 years old, but if he/she has been continuously enrolled in a secondary school institution and has no spouse or common law partner, it still qualifies as a dependent of the parents for parents sponsorship purposes. And since your parents are dead, it is possible that she is a dependent of you now.
You should look into this, maybe consult a lawyer.

I found this:
"Dependent children

A son or daughter is dependent when the child:

is under age 22 and does not have a spouse or common-law partner,
is over age 22 and has
been enrolled as a full-time student on an ongoing basis and
depended largely on the financial support of a parent since before age 22,
became a spouse or a common-law partner before age 22 and has
been enrolled as a full-time student on an ongoing basis and
depended largely on the financial support of a parent since they became a spouse or common-law partner, or
is over age 22 and has depended largely on the financial support of a parent since before age 22 because of a physical or mental condition."

So if your parents weren't dead, she would be dependent of your parents. The question is: can this "dependency" be transferred to a sibling when the parents pass away?
The only way I could remotely see a transfer of status of dependent to the sibling is if he/she is dependent via medical reasons ie physical disabled. Right now the sibling is financially dependent on the parents for education cost. Once the parents pass away, the sibling loses the "dependent" on parent once over 18.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
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
Tammy10 said:
Hi Everyone,
Our Parents are both deceased hence I would like to sponsor my dependent sister, over 18 yrs. old & student to be with me here in Alberta. My husband & I are both PR card holder. Please advise.
How is your sister supporting herself now for schooling and in general? If she has ever worked to fund her school or has lived independently, then I think you are out of luck with sponsoring her. The official definition of dependent does not simply transfer to a sibling if the parents are deceased.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
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
Tammy10 said:
ROB_TO,
She is financially dependent to me, full time student & not working.

Thanks!
Only possible ways I could see are:
- student visa (as others mentioned)
- after she finishes school in her country and gets some work experience, apply via the skilled worker program
- look at if any similar cases with H&C considerations to sponsor: http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp
 

screech339

VIP Member
Apr 2, 2013
7,887
553
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Tammy10 said:
ROB_TO,
She is financially dependent to me, full time student & not working.

Thanks!
Even though your sister is financially dependent on you, CIC will not see it that way. Parents are responsible to their children. Siblings are not considered responsible to each other. So as far as CIC is concerned, you are giving gift money to your sister, nothing more.

The only way this would be possible if you are the legal guardian of your sister, which in this case, you are not and you can't be a legal guardian on someone who is considered an adult since you said she is over 18. 19 is considered an adult.

You can be a legal guardian of an adult only if the adult is incapacitated in making decisions, looking after him/herself and such situations like that. Again your sister seems well able to look after herself.
 

Fyrushumaira

Star Member
Dec 7, 2017
73
4
Hi i would like to know how can i sponsor my parents and my sister who is under 18 - like which form/package will be the best to use in order to apply for all my family members and i am already a PR of canada and married
Based on my knowledge you cannot sponsor her as although she is an orphan she is over 18.

You can sponsor:

-brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship
-another relative of any age or relationship but only under specific conditions (see Note below)
-accompanying relatives of the above (for example, spouse, partner and dependent children).

Note: You can sponsor one relative regardless of age or relationship only if you do not have a living spouse or common-law partner, conjugal partner, a son or daughter, parent, grandparent, sibling, uncle, aunt, nephew or niece who could be sponsored as a member of the family class, and you do not have any relative who is a Canadian citizen or a permanent resident or registered as an Indian under the Indian Act.[/QUOTEH