Orphaned relatives may be sponsored provided that they are under 18 years of age, unmarried and not in a common-law relationship and are the sponsors brother or sister, nephew or niece or grandchild.
In all cases of orphaned relatives, officers must request written consent of the appropriate authorities in the country of residence of the child, before the child may be removed from that country. Written consent of any legal guardians must also be obtained.
A permanent resident visa cannot be issued to a child as a member of the family class if that child is the adopted child of the sponsor or an orphaned brother, sister, nephew or niece of the sponsor as described earlier in this guide unless the adoptive parents/the sponsor demonstrate they have obtained information concerning the medical condition of the child. In doing so, the government ensures that the child’s best interests are protected.
If you are a child who was adopted by the sponsor, whom the sponsor intends to adopt in Canada, or who is the sponsor’s orphaned brother, sister, nephew or niece, the sponsor must complete and submit a Medical Condition Statement if he or she has not already done so with his or her sponsorship application.
Who can be sponsored as orphaned relatives
- brothers or sisters,
- nephews or nieces,
- granddaughters or grandsons who are orphaned,
- the orphaned relative shall be under 18 years of age and not married or in a common-law relationship
Processing orphaned relatives
When an application is received from an orphaned relative, the visa office must:
- verify that the child is an orphan, under 18 years of age on the date CPC-M received the application including correct and complete cost recovery (processing) fees, is unmarried and not a common-law partner, and is related to the sponsor;
- issue medical instructions.
Sponsoring an eligible relative
You can sponsor certain relatives if you are a citizen or permanent resident of Canada and if you are 18 years of age or older.
You may not be eligible to sponsor a relative if you:
- failed to provide the financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
- defaulted on a court-ordered support order, such as alimony or child support
- received government financial assistance for reasons other than a disability
- were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances, such as the nature of the offence, how long ago it occurred and whether a pardon was issued
- defaulted on an immigration loan—late or missed payments
- are in prison or
- have declared bankruptcy and have not been released from it yet.
Refusal of Application
If the application has been refused, the sponsor in Canada can file an appeal at the Immigration Appeal Division. See Refused Application.
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