Family Sponsorship stands as one of the primary Canada immigration pathways outlined by Immigration, Refugees and Citizenship Canada (IRCC) in the Immigration Levels Plan 2024-2026.
This sponsorship pathway allows Canadian citizens, permanent residents, and individuals registered in Canada as Indians under the Canadian Indian Act to sponsor their loved ones for immigration to Canada with the potential for permanent settlement. However, it's important to note that you cannot sponsor your sibling for Canada PR from India.
But exceptions to this rule exist.
Who is eligible to sponsor a sibling for Canada PR from India?
It's worth noting that while sponsoring siblings for Canada PR from India is generally not allowed, there exists an exception known as the "lonely Canadian rule." You can sponsor an orphaned brother, sister, nephew, niece, or grandchild if they meet all these conditions.
- They are related to you by blood.
- Both their mother and father passed away.
- They are under 18 years of age.
- They are single (not married).
However, even under these provisions, you cannot sponsor your sibling for PR if:
- One of their parents is still alive
- The whereabouts of the parents are unknown.
- Their parents have abandoned the child.
- Someone other than the parents is caring for the child while one or both parents are alive.
- Their parents are in jail or detained.
If your sibling falls under any of these categories you can sponsor them for Canada PR from India.
Who is eligible to sponsor?
To be eligible to sponsor either your sibling or eligible family member for Canadian PR under Family Sponsorship, you must:
- Be at least 18 years old.
- Hold Canadian citizenship, permanent residency, or be registered under the Canadian Indian Act.
- Reside in Canada (with an exception for Canadian citizens sponsoring a spouse, common-law partner, or dependent children, who can sponsor without residing in Canada, provided they demonstrate intent to live in Canada upon the sponsored individuals' arrival).
- Agree to support the sponsored person's basic needs for a specified period (undertaking length).
- Demonstrate sufficient income to support the relative(s) being sponsored, with specific requirements varying based on the sponsored relative's category.
What other options do you have to bring your sibling to Canada?
Since siblings often do not qualify under Family Sponsorship, the most available route to many Canadian PRs and/or citizens is to help their siblings build eligibility for PR, usually through one of Canada’s economic immigration programs.
Option 1: The Educational Route
One of the most easiest and direct ways to bring your sibling to Canada is through the educational route i.e., Canada Study Visa from India. You can help your sibling find a suitable educational course or program offered by a Designated Learning Institution (DLI) - which is the only authorized institution in Canada to accept international students. Upon completion of such a program, your sibling becomes eligible for a Post-Graduation Work Permit (PGWP). With this permit, they can work in Canada and gradually build eligibility for various economic immigration programs, such as those managed through Express Entry streams or Provincial Nominee Programs (PNP).
Research indicates that newcomers who possess Canadian education and work experience tend to achieve better long-term outcomes in the country. Therefore, pursuing education in Canada not only serves as a pathway to immigration but also enhances their prospects for success in the Canadian job market and society.
Option 2: LMIA-based Work Permits
If the educational route isn't preferred for your sibling, another option is to help them in obtaining a Labour Market Impact Assessment (LMIA)-supported job offer, which can lead to a work permit upon approval.
An LMIA serves as the Canadian government's tool to assess the impact of hiring a foreign worker on the domestic labour market. If the outcome of an LMIA is positive or neutral - meaning there were no available Canadian citizens or permanent residents for the position and hiring a foreign national won't adversely affect the Canadian economy or workforce - the application is typically approved. This permit allows the recipient to work in Canada and gradually qualify for Canada PR through one of the country's economic immigration programs.
It's important to note that LMIA-based work permits are often tied to a specific employer and job role. Any disruptions in employment may affect your sibling's immigration prospects. Therefore, careful consideration and planning are necessary when pursuing this option.
If your sibling is having trouble finding a job in Canada, they can apply for a Tourist Visa for Canada from India. Even though Tourist Visas are exactly not meant for finding a job, there's no strict rule against it. In fact, trying to find work in person could be better because Canadian employers often like face-to-face interviews or meetings. But keep in mind that a Tourist Visa doesn't allow your sibling to work, so make sure they do not engage in any activities where they directly enter the Canadian labour market during their visit.
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