Spousal sponsorship. Brother, Sister handicapped.

[alltron]

Hi,

My wife who is a Canadian PR and living in Canada would be sponsoring me. We have everything that's required in place for the application. However, there's one aspect that bothers us. My sister & brother are physically and mentally challenged. They are well settled in my country along with my mother and relatives but I will be entering them into the application in the dependants fields, family information. I will also be attaching their medical + police clearance tests as well. The guide says that I need to enter all these details of my family members whether they are accompanying me or not.

Now, we have no intention of getting them to Canada any time soon. But, we hope to re-vist that option of getting them there once we are well settled & hopefully even citizens by then. Note that my brother and sister should be able to pass the medical tests required for my current application without any problems as they have not been required to visit a doctor for years. But, I would off course have to add notes about their disabilities.

Question is - will it jeopardize my application for now? I have heard of instances where the Canadian immigration wasn't very welcoming to families with special needs members.

Thanks and appreciate your inputs.

 

[scylla]

They aren't your dependents and should be left off the form. Dependents are children and spouses/common law partners (not siblings or parents). Assuming you have no children, you should leave this section of the application blank.

Unfortunately there's currently no avenue available to you to sponsor them in the future.

 

[alltron]

Hi Scylla,

Thanks for your reply. However,

It states the following in the guide :-

Important

You must list all family members in your application for permanent residence, whether they are accompanying you to Canada or not. You must also provide details on family members whose location is unknown (including those missing or presumed dead). If you don’t, you will not be able to sponsor family members at a later date if they are not listed on your application.

This is in the Dependant(s) section of guide 3999 (sponsorship of a spouse).

 

[scylla]

You list your dependents (children, spouse) in IMM 0008DEP (Additional Dependants/Declaration). Your siblings are not dependents. Everyone listed on this form must complete a medical.

You list your other family members (parents, siblings) in IMM 5406 (Additional Family Information). This is where you should list your siblings. Individuals listed on this form DO NOT complete a medical.

Hope that helps.

Unfortunately you still don't have any options available to directly sponsor your siblings in the future. The only possible option would be to sponsor your mother (once CIC starts accepting applications for parent sponsorships again) and include your siblings in the application (if they are dependents of your mother). As part of the application process, CIC will assess your mother and siblings to determine if they will be a burden on Canada's health or social systems.

 

[scylla]

See below for the definition of "family member". Excludes siblings.

http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp#family

Family members

Family members include a spouse, a common-law partner, dependent children, and the dependent child of a dependent child:

Spouse Refers to either of the two persons (opposite or same sex) in a legally-recognized marriage. A common-law partner Refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.
Common-law partners must attach any documents that show they are in a committed and genuine relationship, for example, evidence that they share the same home, that they support each other financially and emotionally, that they have had children together, or that they present themselves in public as a couple.

Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country may still qualify and should be included on the application.

Common-law partners who meet the conditions outlined above but who have been separated for reasons beyond their control (for example, civil war or armed conflict) may qualify and should be included on the application.
Dependent children Refers to the children of the applicant or those of the spouse or common-law partner.
They must:

be under the age of 22 and not have a spouse or common-law partner, or
depend substantially on the financial support of a parent and have been continuously enrolled and in attendance as full-time students in a post-secondary institution accredited by the relevant government authority since before the age of 22 (or since marrying or entering into a common-law relationship, if this happened before the age of 22), or
depend substantially on the financial support of a parent since before the age of 22 and be unable to provide for themselves due to a medical condition.
Dependent child of a dependent child Refers to children of dependent children of the applicant or those of the spouse or common-law partner.

 

[canadianwoman]

It states the following in the guide :-

This is in the Dependant(s) section of guide 3999 (sponsorship of a spouse).

Further to scylla's response: the definition of 'family member' that CIC uses in the forms and guides is not the usual meaning of 'family member'. They do not mean your siblings, parents, cousins, aunts and uncles, grandparents, and so on. We do, when we talk normally. But these are legal, official forms, and CIC has defined 'family member' to mean your spouse, common-law/conjugal partner, and children. Nothing more.
So your mother and siblings are not your dependents and should not be listed as such on IMM 0008 DEP.
List your parents' names where asked on the forms.
However, you do list your parents, and all siblings (including half-siblings and step-siblings) on the form IMM 5406 Additional Family Information.

Your mother and sibling do not send in medical forms, police clearances or photos.
The fact your siblings are disabled will make no difference in your application as a sponsored spouse.