How long before a resident can sponsor a family member?

[Cappuccino]

Hi,

Myself and my wife are considering trying to emmigrate to Canada, but do not fall under the current list of 29 occupations for Federal Skilled Worker.

My wife's mother is also considering emmigrating to Canada, however, and as a registered nurse she does fall under this list.

My question is, how long does someone have to be a resident before they are permitted to sponsor a family member? If my wife's mother applied for her permanent resident Visa over the next few months, and was able to take up residency say around Jan 2011 - would she then be in a position to sponsor my wife right away?

Also if my wife is sponsored am I as her husband automatically granted a visa also?

Thanks in advance for any info,
Wayne.

 

[rjessome]

Is you wife under the age of 22 and still financially dependent on her mother? Is she older than 22, and been continuously enrolled in school since that age AND still financially dependent on her mother? If not, then she can't be sponsored by her mother.

 

[PMM]

Hi

Is you wife under the age of 22 and still financially dependent on her mother? Is she older than 22, and been continuously enrolled in school since that age AND still financially dependent on her mother? If not, then she can't be sponsored by her mother.

Note the OP is married, so no his spouse is no longer considered a dependent.

 

[rjessome]

Yeah, I was stretching it but in "theory" if the OP and his wife were still in school and still dependent on their parents... It's could be argued but still not very likely.

 

[Leon]

The only chance for a mother to sponsor an adult daughter and husband to Canada would be to take up residence in one of the provinces where the PNP has a family stream, that is:

AB: http://www.albertacanada.com/immigration/immigrate/familystream.html
MB: http://www2.immigratemanitoba.com/browse/howtoimmigrate/pnp/pnp-family_support.html
SK: http://www.saskimmigrationcanada.ca/family-members

In MB and SK, the mother would have to be living there for at least one year before submitting the sponsorship application. In AB, it's 2 years. Other requirements apply, for example the daughters age, education, work experience, english skills, funds etc. and the mothers income can play a role as well.

 

[RobsLuv]

Your wife would not be eligible to be sponsored by her mother. Parents can only sponsor "dependent" children - under the age of 22 and not married or in a common-law relationship. Unless your wife has been financially dependent on her mother and continuously enrolled in an accredited university program since before turning 22 and before marrying you, she does not meet the eligibility requirement of "dependent".

From the IRPA Regulations, Division 1(2)

• "dependent child”, in respect of a parent, means a child who

• • (a) has one of the following relationships with the parent, namely,
    
  • • (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
      (ii) is the adopted child of the parent; and
    (b) is in one of the following situations of dependency, namely,
    • (i) is less than 22 years of age and not a spouse or common-law partner,
      (ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student
    • • (A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and
        (B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or
      (iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.

 

[Cappuccino]

Hi ok thanks for the info.

Basically I am 37 and am a computer programmer, my wife is 28 and is a scientist, her qualifications and skills are in pharmacutical chemistry. Although we both comfortably have enough points for federal skilled workers (we both have bachelors degrees, my wife has a doctorate) our occupations weren't listed under the 38 occupation list, and looks like we are going to be struggling under the new 29 skills list. Possibly my wife may be able to apply under the 3142 - Pharmacists under industrial pharmacy, since her degree and doctorate are in pharmacutical chemistry and she ticks quite a lot of the skills boxes for this.

Since my wife's mother's occupation is a bit more clear cut we were hoping a family sponsorship may be a way in, but guess not

Although:

. The relationship between the Sponsor and the Sponsored Person (the Family Class immigrant) must be one of the following:

* Spouse, common-law partner, or conjugal partner; or
* Parent or grandparent; or
* Dependent child; or
* Brother, sister, nephew, niece, or grandchild who is orphaned, under 18 years of age and not married or in a common-law relationship; or
* Intended adopted child under 18 years of age; or
* Other relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian Permanent Residents (limited to one relative only).

Since my wife's mother has no dependent children - could she not be considered under the "other relative" as the 1 other relative she is allowed to sponsor? Since independent child is different to dependent child?

Thanks for any help,
Wayne.

 

[iarblue]

Well Wayne that would be a stretch,and seeing as the process could take quite a while for it to even begin processing as it is not Spousal.You might look into having your wife apply under the FSW it may work.If she gets in under the FSW she can sponsor you.It will take a bit of time but it maybe your only choice.

 

[PMM]

Hi

Hi ok thanks for the info.

Basically I am 37 and am a computer programmer, my wife is 28 and is a scientist, her qualifications and skills are in pharmacutical chemistry. Although we both comfortably have enough points for federal skilled workers (we both have bachelors degrees, my wife has a doctorate) our occupations weren't listed under the 38 occupation list, and looks like we are going to be struggling under the new 29 skills list. Possibly my wife may be able to apply under the 3142 - Pharmacists under industrial pharmacy, since her degree and doctorate are in pharmacutical chemistry and she ticks quite a lot of the skills boxes for this.

Since my wife's mother's occupation is a bit more clear cut we were hoping a family sponsorship may be a way in, but guess not

Although:

. The relationship between the Sponsor and the Sponsored Person (the Family Class immigrant) must be one of the following:

* Spouse, common-law partner, or conjugal partner; or
* Parent or grandparent; or
* Dependent child; or
* Brother, sister, nephew, niece, or grandchild who is orphaned, under 18 years of age and not married or in a common-law relationship; or
* Intended adopted child under 18 years of age; or
* Other relative, if the Sponsor has no relative listed above and no relatives who are Canadian citizens or Canadian Permanent Residents (limited to one relative only).

Since my wife's mother has no dependent children - could she not be considered under the "other relative" as the 1 other relative she is allowed to sponsor? Since independent child is different to dependent child?

Thanks for any help,
Wayne.

She would have to be a widow, her parents would have to be deceased, she can't have a brother/sister/son/daughter/aunt/uncle/niece/nephew in Canada before she could apply for a person under the above section.

 

[Leon]

If you or the wife qualify under FSW, then why not apply under FSW? If it doesn't work out, then the mom can move to MB or SK when she gets her PR and sponsor you under the provincial nominee program.

 

[Cappuccino]

Hi - yes the changes to the occupation list means we *may* be able to apply as federal skilled workers and that's going to be our first port of call.

My wife finished her doctorate 4 years ago, did a 1 year post doctorate in research and has spent the last 3 years working as a research scientist for 3M healthcare. Looking through the duties on industrial pharmacy she has experience in most of those areas - the only sticking point may be if they require a degree/doctorate in pure pharmacy for licensing reasons - since both her bachelors degree and doctorate are in pharmacutical chemistry.

The family sponsorship is currently a 2nd backup plan alongside trying to get arranged employment.

Anyway thanks for the advice!

 

[Cappuccino]

Hi

She would have to be a widow, her parents would have to be deceased, she can't have a brother/sister/son/daughter/aunt/uncle/niece/nephew in Canada before she could apply for a person under the above section.

Hi, well my wife's mother is a widow (my wife's father died a number of years ago) and also both of my wife's mother's parents are dead. The only relative my wife's mother has in Canada is a cousin, which do not fall under the list above.

But as people have said, this is a bit of a stretch, and for sure my wife's mother would probably have to apply and be resident for at least a year before she could sponsor us.

As I understand the FSW, a spouse can apply at the same time as the primary sponsor as long as the primary sponsor falls under one of the 29 qualifying job categories, so this is looking the strongest route at the moment!

Wayne.

 

[mbastudies]

Hi Leon & PMM,

May I ask a question with regard to Family Sponsorship.
What if a single applicant is waiting to immigrate under FSW category. As I understand, later on and when he has got his PR, he can sponsor his wife as soon as he gets married. Is that right?
The other question is, whether he can also sponsor his single mother? If yes, can he sponsor her as soon as he is settled in Canada or does he need to be working in Canada with a good salary for quite sometime?

 

[PMM]

Hi

Hi Leon & PMM,

May I ask a question with regard to Family Sponsorship.
What if a single applicant is waiting to immigrate under FSW category. As I understand, later on and when he has got his PR, he can sponsor his wife as soon as he gets married. Is that right?
The other question is, whether he can also sponsor his single mother? If yes, can he sponsor her as soon as he is settled in Canada or does he need to be working in Canada with a good salary for quite sometime?

1. Yes.
2. To sponsor a parent the sponsor must meet the low income cut off figure from Canadian sources in the year prior to the application. So as soon as you meet the LICO, then you could sponsor your mother.

 

[mbastudies]

Thanks PMM. Does it mean one can apply to sponsor the parent only after 1 year of work experience (with proper salary) in Canada?
Is it possible to have more than one sponsorship application at the same time? For instance, apply for wife sponsorship and at the same time apply for my mother's sponsorship simultaneously?