Immigration Corner | Sponsoring a relative to Canada

Dear Miss Powell,

I hope you and family are safe. I have come to realise the importance of having family in times like these. I am a retired Canadian citizen from the Caribbean and since the pandemic, I’ve been staying with a relative who is also retired. I am just wondering if there is a way for me to sponsor him to come to Canada. We have discussed the possibility of him spending summers with me, and in the winter we would travel back to the Caribbean. Is it possible to sponsor him? That way, he will also have access to healthcare and benefits if he needs it. Looking forward to your answer in The Gleaner online paper.

EA

Dear EA,

A Canadian citizen or permanent resident may be able to sponsor a family member if both parties can satisfy the requirements under the Immigration Refugee and Protection Act. The sponsorship process involves an assessment of the eligibility of the sponsor and then the eligibility of person being sponsored.

RELATIVES THAT CAN BE SPONSORED

You appear to satisfy the first requirement, which is that anyone seeking to sponsor a relative must first be over 18 years old and a citizen, permanent resident or a person registered in Canada as an Indian under the Canadian Indian Act.

The Canadian immigration law restricts you to the sponsorship of only a few family members, such as spouse, children, parents, grandparents and in some cases, grandchildren, brothers, sisters, nieces, and nephews. There are special provisions to deal with orphan relatives.

There is another unique category of family sponsorship that should be considered. Are you related by blood? You are permitted to sponsor one blood relative of any age, if you do not have any other close relative living in Canada and you do not have a closer living relative that you could sponsor instead. That means that you cannot have other relatives such as spouse, child, parent alive that you could sponsor instead of this relative. You cannot sponsor in-laws.

You already indicated that you are a Canadian citizen. Therefore, there are some additional issues to consider, to determine your eligibility. Where in Canada do you live? Is your home in Quebec? Are your tax returns up to date and paid up? Are you receiving social assistance from the government for any other reason than disability? Will you continue to live in Canada when the person being sponsored have become a permanent resident? Do you have a criminal record? Were you convicted of attempting, threatening to commit, or committing a violent criminal offence? Have you committed any offence against a relative or any sexual offence inside or outside Canada? Have you failed to pay any support payments? Is there a court-ordered child or spousal support payment outstanding?

Additionally, you must be able to show that you can provide for yourself and your relative, plus you will be required to provide an undertaking to the government to be fully responsible for your relative and ensure that he will not need social assistance from the government.

Does your relative have a dependent child or a common-law partner? If so, you may be able to add these relatives to the application for sponsorship. Your relative will need to provide his biometrics, do a medical examination and a criminal background check, to determine if he is admissible to Canada.

Finally, where in the Caribbean is your relative? Is he from a country that requires a temporary resident/visitor’s visa? Is sponsorship the best way to achieve your goals? Are you aware of the responsibilities involved? I recommend that you consult directly with an immigration lawyer to assist and guide you further, based on the finer details of your case and to apply on your behalf. This could save you valuable time and avoid stress.

Deidre S. Powell is an authorised immigration lawyer with office located in Ottawa, Ontario, Canada. You may request your online or telephone meeting via her website at www.deidrepowell.com or call 613.695.8777.