Sponsoring my autistic brother

[Lizaveta]

Hello immigration experts,

I'm wondering if there is any way I could bring my brother to live in Canada.

I'm 43 years old and my brother is 23. He is autistic (high-functioning), a US citizen, and is living with my parents in the US (all US citizen). My parents have been taking care of him for 23 years, are old, and deserve a break.

I am childless and would like to take care of my brother, but I can't figure out how he can come live with me in Canada, where I've been living for the past 10 years with my Canadian husband. My husband sponsored my PR when I first came to Canada.

My husband and I run a hobby farm.

Any ideas?

Thank you!
Liza

 

[canadianwoman]

You would have to sponsor your parents, and include your brother as their dependent. With this kind of sponsorship, everyone has to pass the medical, and it is likely that your brother would not, in which case none of them could be sponsored. CIC would probably find that he would cause excessive demand on Canada's health or social services.

He could just come up here as a visitor. Americans are often given 6 months at entry, and this stay can be extended. You and your husband would then be responsible for his health and social welfare costs. Though he could of course get health insurance, it would not cover existing problems. He may not need much in the way of health and social costs anyway, since he is high-functioning.

 

[mikeymyke]

To bring him here, as mentioned , you would have to sponsor both your parents, and have them add your brother as a dependent, since he is dependent on your parents for care. However, to sponsor these 3 people, it would have a pretty high income requirement, especially since you are married, and if you have children, the income requirement would be even higher. You and your husband as co-signer, would have to meet this high income requirement combined for the past 3 taxation years, and maintain this income during processing.

And if either one of these 3 people fail the medical, all 3 of them cannot be sponsored.

 

[CaroM8]

Morning!

Does your brother work? Please forgive my ignorance concerning the autism spectrum; the only autistic people I have met in the past did not work. Since you are from the US it would be pretty easy for him to come as a visitor like others have said, for 6 months. If he doesn't need to work then that seems like the easiest plan to me...

 

[Sous02]

There is another possibility that you can check into. I am not saying for sure but check it out.Get yourself declared the legal guardian.

 

[screech339]

There is another possibility that you can check into. I am not saying for sure but check it out.Get yourself declared the legal guardian.

While the OP could become a legal guardian in US, the OP may not be able to sponsor brother for CIC construed that action as an act of "adoption of convenience" for immigration purposes especially while the parents are still alive.

 

[Sous02]

While the OP could become a legal guardian in US, the OP may not be able to sponsor brother for CIC construed that action as an act of "adoption of convenience" for immigration purposes especially while the parents are still alive.

That is true but as the parents age they may be able to show that it is for the care of the brother they are taking on this guardianship.

 

[screech339]

That is true but as the parents age they may be able to show that it is for the care of the brother they are taking on this guardianship.

As legal guardian, OP is wholly responsible for brother. It doesn't matter if OP shows care of brother to CIC, it still doesn't remove "convenience of adoption" for immigration purposes. Even when parents both passed away, it will be very difficult to prove to CIC that brother is an exception to the rule whereby direct sibling PR sponsorship is allowed when OP is no longer qualified under "alone in Canada" clause as she is married.

 

[Lizaveta]

Hello,

Thank you for your responses, everyone! They're very helpful.

Does your brother work?

My brother does work. He's working at a grocery store in the States.

You would have to sponsor your parents, and include your brother as their dependent. With this kind of sponsorship, everyone has to pass the medical, and it is likely that your brother would not, in which case none of them could be sponsored. CIC would probably find that he would cause excessive demand on Canada's health or social services.

Would sponsoring my parents mean that they have to come live in Canada with us as well? They really love their home in Virginia, and would rather not have to leave.

it would be pretty easy for him to come as a visitor like others have said, for 6 months.

I want him to come live with me permanently. As I understand it, visiting is for 6 months out of the year. So, even with extensions he'd eventually have to go back. Maybe he could meet a girl here to marry while he's on his stay?

Also, you guys seem to think that he wouldn't pass medical. I found an example of the medical questionnaire and here's the wording on the question about ability: "[Do you have an] ongoing physical or intellectual disability affecting your current or future ability to function independently or be able to work full-time (including autism or developmental delay)". Do we necessarily need to answer "Yes" to this question? I'm not sure, currently my brother lives with my parents, so they assist him quite a bit. I'm not sure if he could live on his own, but we've never really tried it. He is able to work full time.

Someone in a PM suggested that he may come over on a work visa if I could hire him to help on our farm. Is that something you think may be possible? I am able and willing to hire a full-time employee. I keep animals, so he could help me with animal husbandry year-round.

Thank you everyone for your responses! Very helpful.

 

[Rob_TO]

My brother does work. He's working at a grocery store in the States.

He is able to work full time.

Based on this, he is not really entirely financially dependent on your parents so a good chance CIC will not even see him as a "dependent" at all. If this is the case then you can't sponsor him directly or under your parents.

Someone in a PM suggested that he may come over on a work visa if I could hire him to help on our farm. Is that something you think may be possible?

No that would not be possible. You would need to go through LMIA process to determine there are no Canadians suited for the job and he has specific skills you require, which does not sound realistic.

 

[canadianwoman]

To sponsor him at all, it would have to be as a dependent of your parents. He is too old to be a dependent, but there is an exception if the person is dependent because of a disability. So you would have to answer 'yes' to the question about whether he has a disability. In any case, you should answer 'yes' there, since he is autistic.

If you are able to sponsor him as a dependent of his parents, they would have to come to Canada. If the visa officer thought that they did not intend to immigrate, the PR application for all of them would be refused. If they immigrated to Canada, they could of course later decide to leave Canada and go back to the USA.

You might be able to sponsor him under humanitarian and compassionate considerations, when your parents are no longer able to look after him. For this you should consult an immigration lawyer.

 

[mikeymyke]

Maybe he could meet a girl here to marry while he's on his stay?

He could, but what you're suggesting might seem like he's marrying for immigration, not for love. He also has to find someone who accepts his disability, willing to marry him and go through the sponsorship process for him, and all the while hoping that she doesn't decide to want to live in the US instead.

 

[dimpu]

I have the same thing here. My brother is of 20 years in India. I am married and PR. My brother has autism and only I know what he wants to convey. My parents deceased. my brother is in boarding school right now. I want to sponsor him but not getting any ways. Guys plz suggest something. They even rejected his visitor visa. Any idea?

 

[scylla]

I have the same thing here. My brother is of 20 years in India. I am married and PR. My brother has autism and only I know what he wants to convey. My parents deceased. my brother is in boarding school right now. I want to sponsor him but not getting any ways. Guys plz suggest something. They even rejected his visitor visa. Any idea?

Unfortunately it's not possible for you to sponsor him. If your parents were still alive, then you could apply to sponsor them and attempt to include your brother as a dependent. However with your parents deceased, there are unfortunately no options for sponsorship.

 

[scylla]

Just to add to my comment above - there is only one option I see. That's if he can get a visitor visa approved. Then once he's here - he could try to apply for PR through H&C. However since a visitor visa has already been refused, I suspect this will be difficult/impossible.