Sponsoring my family under new immigration law?

[Dani_y28]

Hello all,

I am back to this forum as when I was going through my spousal sponsorship this place was of a lot of help for me.

I am now facing a horrible situation now that I want to apply to sponsor my Mother and Father and initially also my brother. I went to the C.I.C website to find out what now has become our worst nightmare. My brother is about to turn 19 next month and he as well as my parents lived here In canada for about 6 years until we were all deported back to Colombia in 2012. My husband sponsored me and I am ready to sponsor my parents so we can all at once be together again.

This is what I read on the C.I.C website...

Effective August 1, 2014, Citizenship and Immigration Canada has changed its definition of a dependent child for its immigration programs. A dependent child must be under 19 years of age, instead of the previous limit of under 22 years of age. Find out more about the change in the definition of a dependent child. New application kits, forms and fee information are now available. These new forms must be used starting August 1, 2014. Use this web tool to determine how your application may be affected.

Is there any other possible way my bother can come back to Canada? I fear that if he applies for a student visa it will get denied because of the fact that I am living here and they might see it as a way of him just moving and staying here. Is anyone else experiencing this? I feel horrible because we are a family and he should't have to stay behind.

Thank you... :'(

 

[zardoz]

Unless you are eligible and able to submit a parental sponsorship application when the program reopens in January 2015, you are not going to be able to sponsor your brother before he becomes ineligible as a dependent on his 19th birthday. I would also suspect that there is zero chance of him getting any kind of study visa if he was previously deported as a failed refugee.

 

[scylla]

With a deportation on his record your brother's chances of being approved for any type of temporary visa (student, visitor, work) are unfortunately incredibly slim. CIC knows he is interested in remaining in Canada long term.

If you qualify to sponsor your parent this January, you can file an application and include your brother as a dependent since he's only turning 18 next month. His age will be locked in at the time you apply.

If for some reason you don't qualify to sponsor your parents this January (don't have sufficient income or sufficient years of income), then your brother will unfortunately have to find a way of immigrating indepedently.

 

[Rob_TO]

My brother is about to turn 19 next month and he as well as my parents lived here In canada for about 6 years until we were all deported back to Colombia in 2012. My husband sponsored me and I am ready to sponsor my parents so we can all at once be together again.

If your brother is turning 19 next month, then it is impossible for you to ever sponsor him as he will no longer be a dependent.

If you would like to sponsor your parents when the program reopens in January 2015, then you and your husband must be able to show combined Canadian income meeting the parents LICO level for your family size, from 2011, 2012 and 2013.

Unfortunately your brother will need to find a way to immigrate back to Canada on his own. As mentioned, he will most likely be refused a student visa if he tries that route. Best bet is for him to learn a skilled trade that is in demand in Canada, and apply after getting the necessary education/experience outside of Canada.

 

[zardoz]

I'm almost 100% sure that the OP has updated the first post to change 18 to 19... Therefore, both Scylla and my contributions are moot.

 

[redpalm]

I am also in a similar situation. My child is of age 16 now in India and I am PR in Canada. If I apply for sponsoring him, what if the age crosses 19, by the time the visa is issued? Which guide shall I use ? IMM- 3900, 5196 or 5289 I just landed in Canada and got temp job. Does it require a minimum income or provide tax statement to sponsor child and wife who are outside?

 

[scylla]

I'm almost 100% sure that the OP has updated the first post to change 18 to 19... Therefore, both Scylla and my contributions are moot.

Ah - yes. You're right. The OP originally wrote 18 and has since corrected this to 19. In that case the only realistic option is for the brother to immigrate independently.

 

[Rob_TO]

I am also in a similar situation. My child is of age 16 now in India and I am PR in Canada. If I apply for sponsoring him, what if the age crosses 19, by the time the visa is issued? Which guide shall I use ? IMM- 3900, 5196 or 5289 I just landed in Canada and got temp job. Does it require a minimum income or provide tax statement to sponsor child and wife who are outside?

If you are sponsoring a child, only their age at the time you submit the application is important. So as long as he is 18 or under when you submit the app. he is locked in as dependent during entire processing time, even if he turns 19 or older during that time.
There is no minimum income required for spousal/dependent sponsorship.

Here is outland guide: http://www.cic.gc.ca/english/information/applications/fc.asp

If you just landed as a PR, I assume your wife and son were already included as non-accompanying dependents on your own PR application, and did full medical exams.