Can I Sponsor My Brother or Sister to Canada? Exploring Options for PR and Temporary Residence

Many Canadian citizens and permanent residents want to bring their siblings to Canada, and ask the question 'can I sponsor my brother to Canada?', but the process can be complex and limited by specific eligibility criteria. Applicants may look at permanent residence (PR) and temporary residence, including study permits and LMIA-based work permits in considering the best pathways for Canadian immigration.

Permanent Residence

Family Class Sponsorship

Canadian citizens and Permanent Residence have the ability to sponsor their brother or sister to Canada through family class sponsorship. However, sponsoring a sibling directly is limited and comes with strict requirements.

Eligibility for Sponsoring an Eligible Relative

To sponsor your brother or sister, you must:

1. Be 18 years of age or older.

2. Be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a Canadian permanent resident of Canada.

3. Live in Canada, unless you are a Canadian citizen living abroad and planning to return to Canada when your relatives immigrate and undertake a sponsorship agreement

Responsibilities as a Sponsor

When you sponsor a relative, you must:

1. Meet income guidelines.

2. Agree in writing to provide financial support to your relative and any other eligible relatives accompanying them, beginning on the date they become permanent residents and lasting up to 20 years, depending on their age and relationship to you.

3. Ensure the sponsored person signs an agreement to make efforts to support themselves (applicable to those 18 or older), there is a sponsorship fee.

Who Is not Eligible to Sponsor?

You may not be eligible to sponsor if you:

• Are in prison.

• Have unpaid alimony or child support.

• Have declared bankruptcy and haven't been discharged.

• Received social assistance for reasons other than disability.

• Have unpaid immigration loans, missed payments, or late payments.

• Sponsored another relative in the past and failed to meet the sponsorship terms, in some cases owe child support payments

• Were convicted of violent crimes, offenses against relatives, or sexual offenses, depending on specifics such as the type of offense, how long ago it occurred, and whether a record suspension was issued.

Specific Situations for Sponsoring Siblings

You can only sponsor siblings under certain conditions:

Orphaned Siblings

You can only sponsor siblings under certain conditions. One such condition is if your sibling is orphaned. You can sponsor an orphaned brother, sister, nephew, niece, or grandchild if they are related to you by blood or adoption, both of their parents have passed away, they are under 18 years of age, and they are single (not married or in a common-law or conjugal relationship).

However, you cannot sponsor them if one of their parents is still alive, their parents' whereabouts are unknown, their parents abandoned them, someone else other than their parents is caring for them, or their parent is in jail or otherwise detained.

Other Relative Category

You may sponsor one relative of any age if you have no living relatives you could sponsor instead, such as a spouse, common-law partner, conjugal partner, son or daughter, parent, grandparent, orphaned brother or sister, orphaned nephew or niece, or orphaned grandchild.

Also if you do not have any relatives who are Canadian citizens, Canadian permanent residents, or registered Indians under the Indian Act.

Express Entry System and Sibling Sponsorship

The Express Entry system is a popular pathway for skilled immigrants to gain Canadian permanent residence in Canada. It manages applications for three federal economic immigration programs: the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class.

The system uses a points-based mechanism known as the Comprehensive Ranking System (CRS) to rank candidates based on various factors, including age, education, work experience, language proficiency, and other criteria.

Higher-ranked candidates are invited to apply for permanent residence through regular draws from the Express Entry pool.

How Having a Sibling in Canada Helps with CRS Points

Having a sibling who is a Canadian citizen or permanent resident can provide additional points to your Express Entry profile, thereby enhancing your chances of receiving an Invitation to Apply (ITA) for permanent residence.

Specifically, the CRS awards 15 points if you have a sibling living in Canada who is a Canadian citizen or permanent resident. This applies to both full siblings and half-siblings.

Proving Your Sibling Relationship

To claim these additional points, you must provide evidence of your sibling relationship and their status in Canada. The following documents are typically required to prove your relationship and their residency status:

1. Proof of Relationship: You need documents that establish your relationship with your sibling. This can include:

   • Birth certificates for both you and your sibling, showing at least one common parent.

   • Legal adoption documents if applicable, showing that you share at least one adoptive parent.

2. Proof of Status in Canada: You must demonstrate that your sibling is a Canadian citizen or permanent resident. Acceptable documents include:

   • Canadian citizenship certificate or card.

   • Canadian passport.

   • Permanent resident card.

3. Proof of Residency: Evidence that your sibling resides in Canada can be shown through:

   • Utility bills, rental agreements, or property ownership documents with their name and Canadian address.

   • Canadian driver's license.

   • Notice of Assessment from the Canada Revenue Agency (CRA).

Temporary Residence

If your sibling does not qualify for PR, consider temporary residence options, such as study permits or LMIA-based work permits. When considering temporary residence, your siblings dependent children and family members may be eligible for dependent visas. The family members will be entitled to open work permits, visitor visas or study permits, depending on the main applicants visa.

Study Permit

A study permit allows your sibling to study at a designated learning institution (DLI) in Canada. To be eligible, they must:

• Have a letter of acceptance from a DLI.

• Prove they have enough money to pay for tuition, living expenses, and return transportation.

• Obey the law and have no criminal record (a police certificate may be required).

• Be in good health (a medical exam may be required).

• Prove to an officer they will leave Canada when their study permit expires.

LMIA-Based Work Permits

An LMIA (Labour Market Impact Assessment) is a document that an employer in Canada may need to obtain before hiring a foreign worker.

If your sibling receives a job offer from a Canadian employer who has an approved LMIA, they can apply for a work permit. Eligibility criteria include:

• A valid job offer.

• A copy of the positive LMIA.

• Proof that they meet the requirements of the job (education, work experience).

Other Temporary Residence Options

• Visitor Visa: Your sibling can visit Canada temporarily as a tourist.

• International Experience Canada (IEC): If they are from a country with a youth mobility agreement with Canada, they may qualify for a work permit under the IEC program.

Why You Should Contact AKM Law as Your Immigration Lawyer

Sponsoring a brother or sister to come to Canada involves navigating complex immigration rules and meeting specific eligibility criteria. While the sponsorship process offers a pathway for certain relatives, it is limited to exceptional circumstances for siblings. Temporary residence options, such as study permits and LMIA-based work permits, provide viable alternatives for bringing your sibling to Canada. The immigration process is complex, and it is imporant to have a immigration representative that you trust with your Canadian pr application on your siblings path to immigrate to Canada.

Legal Disclaimer: This article provides general information only and does not constitute legal advice. For legal advice, consult the relevant legislation or regulations, or contact our immigration lawyers directly.