Sponsoring my brother
- Thread starter kb678
- Start date
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.
•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.
Avadava
Hero Member
- Oct 11, 2013
- 79
- 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
Brothers or sisters who are married, have children of their own and alive parents cannot be sponsored.
In your case, it doesn't matter if your parents are alive or not, because your brother is married, you cannot sponsor him.
In your case, it doesn't matter if your parents are alive or not, because your brother is married, you cannot sponsor him.
In another post, yesterday, I rashly promised that in the next few days I would do some research into this area of immigration law and create a new thread setting out the results. I am finding it very difficult, though I shall persevere: omnia vinces perseverando! One thing I have discovered is that the passage which Yelsew correctly quotes verbatim in this thread comes from a CIC publication entitled 'Determine your eligibility - sponsor your other eligible relatives' . It has no IMM number but can be found at http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp It appears to be CIC's attempt to summarize the relevant legislation which so far as material is in the Immigration and Refugee Protection Regulations, 2002, regulation 117. If I were marking the attempted summary I regret that I would only give the draftsman a B minus. For example there is a clear contradiction between the first (unnumbered) line '[You can sponsor]'brothers or sisters......who are...not married' and the last unnumbered line before the note accompanying relatives of the above (for example,spouse'....). How can brothers or sisters be unmarried and yet have a spouse??? Anyway, if you check that against the regulation (the relevant paragraph is regulation 117(1)(f)) it seems to me that the accuracy of the assertion by CIC that the brother or sister must not be married or in a common law relationship is debateable: the relevant part of the regulation reads A foreign national is a member of the family class if with repect to the sponsor the foreign national is .........a person who is not a spouse or common law partner........ CIC have it appears to me failed to give any meaning to the words written in bold above, the probable effect of which it appears to me is that the person referred to in the paragraph must not be a spouse or common law partner of the sponsor. . However, I shall think further about that because that construction does not fit in happily with the further requirements in sub-paragraphs (i) to (iii) which requires the person being sponsored to be in such a relationship with the sponsor that he could not lawfully be the sponsor's spouse. He would be within the prohibited range of consanguinity in which case it would be completely unnecessary to state that he must not be a spouse of the sponsor. So maybe upon further thought I may have to upgrade the rather harsh marking of B minus!
The moral however is clear: we should be looking at the legislation, not at CIC's summary of it. I appreciate that this is not of much help to kb678, who wants an answer to his problem rather than a dissertation about the law. The reality is that CIC not only writes the summary but also determines the application; so unless kb678 feels like challenging CIC in court, CIC's interpretation of the legislation is likely to prevail. But I shall soldier on and attempt to make sense of it all!
The moral however is clear: we should be looking at the legislation, not at CIC's summary of it. I appreciate that this is not of much help to kb678, who wants an answer to his problem rather than a dissertation about the law. The reality is that CIC not only writes the summary but also determines the application; so unless kb678 feels like challenging CIC in court, CIC's interpretation of the legislation is likely to prevail. But I shall soldier on and attempt to make sense of it all!
Wowsers, regarding R117(f), which states:
A person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner... I think this really means the same as:
A person whose parents are deceased, who is under 18 years of age, who does not have a spouse or common-law partner.
By not having a spouse or common-law partner, they are therefore 'not a spouse.' It's an awkward way of saying 'does not have a spouse...' but of course CIC is not renowned for using clear, unambiguous language. Have a look at 117(h)--it is an exercise in mental torture. When CIC refers to 'a relative who is a child of the mother or father of that mother or father', I hope I've deciphered that to mean 'aunt or uncle' (of the sponsor).
As for another part of your post:
A person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner... I think this really means the same as:
A person whose parents are deceased, who is under 18 years of age, who does not have a spouse or common-law partner.
By not having a spouse or common-law partner, they are therefore 'not a spouse.' It's an awkward way of saying 'does not have a spouse...' but of course CIC is not renowned for using clear, unambiguous language. Have a look at 117(h)--it is an exercise in mental torture. When CIC refers to 'a relative who is a child of the mother or father of that mother or father', I hope I've deciphered that to mean 'aunt or uncle' (of the sponsor).
As for another part of your post:
I re-read the passage and I understand where you were coming from. However, after reading it yet again, I now think, in the third line ('accompanying relatives of the above'), 'the above' refers only to the second line immediately above (ie, the accompanying family members of that relative of any age or relationship referred to in the Note that follows), and does not refer to the orphaned single minors described in the first line.wowsers said: