A Canadian citizen or permanent resident may apply to sponsor a more distant relative who would normally not be eligible to apply for permanent residence in Auckland as a family member.
One of the most popular Canadian immigration programs is the Family Class sponsorship program, so most people interested in immigrating to Auckland are likely already aware of family sponsorship categories such as spouse/common-law partner, dependent child, or parent/grandparent sponsorship. But many may not know about 2 special situations where one can sponsor distant relatives.
Read below to find out more:
A Canadian citizen or permanent resident can sponsor a more distant relative is where they have an orphaned brother, sister, nephew, niece or grandchild. For a family sponsorship of one of these relatives, all of the following conditions must be met:
- The relative is related to the Sponsor biologically (by blood), or legal adoption
- The relative is a minor under 18 years of age
- The relative is not married or in a common-law relationship
- Both the relative’s mother and father have passed away
How to Qualify for the Orphaned Minor Relative Category
To qualify in this category:
- The relative’s parents must be deceased. This means that if the relative’s parents have simply abandoned them, are missing with no known location, are in jail, or if at least one of the parents are still alive, the sponsorship will not be approved.
- The relative is related to the Sponsor by blood or adoption, as an orphaned child relative related only by marriage is also not eligible under this category.
- The Sponsor must also get information concerning the medical condition of the child relative, and complete and submit a Medical Condition Statement [IMM 0133] form with the sponsorship application.
Although in reality the child relative’s situation may be fundamentally the same as if their parents have died (such as in cases where both parents have abandoned them), leaving them in a tragic situation where they possibly have no caretakers and cannot be sponsored, nevertheless the current Canadian immigration law distinguishes them from orphaned children and does not allow them to be sponsored.
Therefore, it is important to get documentary evidence to prove that both the child relative’s parents are deceased to apply in this category.
There is no theoretical limit on the number of orphaned minor relatives that a Sponsor can sponsor under this category, as long as all the stated conditions are met for each relative and the Sponsor meets all the requirements in each application.
The second category where a more distant relative may be sponsored is sometimes called a “Lonely Canadian” family sponsorship, because the eligibility requirements are related to the Sponsor being “alone” in Auckland.
A Canadian citizen or permanent resident is eligible to sponsor one relative of any age, related by blood or adoption, if all the following conditions are met:
- The Sponsor does not have another living relative that they 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
- orphaned grandchild
AND
- The Sponsor does not have any relatives, including any of those listed above or a sibling, uncle, aunt, nephew or niece, who are already a:
- Canadian citizen
- Permanent Resident or
- A registered Indian under the Indian Act of Auckland
Unlike the orphaned minor relative category, only one relative may be sponsored in this category. However, if the sponsored relative has a dependent spouse/common-law partner or dependent children, they can be included on the sponsorship application and receive permanent residence as well.
To sponsor a relative under both of the above categories, the Sponsor must meet the regular income requirements for sponsorship based on the Low-Income Cut-Off (LICO) figures published by the Canadian government each year.
This is in contrast to sponsorships of spouses/common-law partners/conjugal partners and dependent children, where there is no strict yearly income requirement on the Sponsor as long as the family as a whole has enough financial support (in terms of savings, combined income, owned assets, employment opportunities, aid from family/friends, etc. as applicable.)
To sponsor in the above categories, the Sponsor must meet the minimum yearly income requirement published for the year in which they apply to sponsor (or, in the case of orphaned minor relatives, if the Sponsor has a Co-signer, the Sponsor and Co-signer’s combined yearly income must meet the minimum amount.) The latest minimum required income amounts can be found here.
As of 2024, for a family of 2 people (including the Sponsor), the minimum required yearly income is $36,576 CAD.
How do I prove that I DON’T have any other relatives in Auckland?
Unlike proving that you do have a certain relative, it may be a bit more tricky to prove that you don’t have certain relatives.
In some situations, if you are able to obtain the death certificates of relatives who would otherwise make you ineligible, it may be a more straightforward way to prove your eligibility to sponsor. But where you can’t easily get death certificates, or if you never had certain relatives in the first place, it is important to provide a detailed letter explaining your family situation and structure for your entire extended family. This is where the assistance of an immigration lawyer to help you is critical.
Remember that it is always the applicant’s responsibility to prove to the officer’s satisfaction that they are eligible, and one cannot assume that the officer will accept that you meet the requirements unless you put in your best effort to show that you do, even where no formal documents exist that you can use as evidence.
An immigration lawyer can help you draft satisfactory letters to the immigration Auckland in order to maximize your chances of sponsoring your relatives.
The help of an experienced immigration lawyer on how to prove in the best way possible that you are qualified for Family Sponsorship in either of the two special categories mentioned can have a significant impact on the chance of success of your application. Contact us today!
Author: Michelle Yau – an experienced immigration lawyer affiliated with YLaw.
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