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The situation is relatively simple: I am a single Canadian citizen. My parents are alive. My brother and his family and our parents are living in Hungary. If push comes to shove (which, as of today, thanks to the enlightened UK voters have moved from "impossible" to "who knows") I would like to get my brother over here. I read http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp and I do not understand. I frankly don't.

Option 1 is "You can sponsor close relatives, related by blood or adoption, such as brothers... nephews, nieces ... if they meet all of the following conditions " -- well, I have a brother, a nephew and a niece but neither of the three are orphaned so Option 1 is out.

Option 2 is You may sponsor one relative, related by blood or adoption, of any age if you meet all of the following conditions:

you do not have a spouse, common-law partner, or conjugal partner, or one of the following living relatives you could sponsor instead: parent,... brother or sister,

But I have a brother I'd like to sponsor! I do not get it. Can I or can I not?

(Money is not a problem.)

chx
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  • Short answer: You can.The answer is in your question itself. you do not have a spouse, common-law partner, or conjugal partner, or one of the following living relatives you could sponsor instead: – Dipen Shah Jun 25 '16 at 00:31
  • @DipenShah but he has parents, whom he could sponsor instead. – phoog Jun 25 '16 at 00:53
  • @phoog But the question OP asked focused on their brother getting in Canada not the parents. – Dipen Shah Jun 25 '16 at 00:55
  • @DipenShah right, but see my comment on the answer. The wording on the page says that the existence of the parents who could be sponsored disqualifies chx from sponsoring his brother. There's no reference to whether he actually wants to or plans to sponsor his parents. – phoog Jun 25 '16 at 00:57
  • @phoog Sorry I fail to see how the brother gets disqualified if the parents are alive. That part is only mentioned in Option 1 where the relative is under 18. And since the brother has a family I am assuming he is over 18 and he could be eligible in Option 2. Care to enlighten me? – Dipen Shah Jun 25 '16 at 01:06
  • @DipenShah Option 1 does not apply since all relatives are either over 18 or not orphaned. Option two says you can sponsor one relative of any age only if you have no other relative (from that list) you could sponsor instead. So if you have two relatives from that list, each prevents you from sponsoring the other. – phoog Jun 25 '16 at 01:09
  • @phoog So that way if you have two relatives alive, you are not eligible to apply for any of them? I don't think that's true. I have seen a case where a person has sponsored their parents while their daughter was alive (all in their home country) . And then later, they sponsored the daughter too. Maybe the page is poorly worded hence the confusion. – Dipen Shah Jun 25 '16 at 01:14
  • @DipenShah I don't think it's true either. It's far more likely that the page is poorly written. But then we're left to figure out what the rule really is, and that's presumably why chx posted this question. – phoog Jun 25 '16 at 01:16
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    The best thing to do would be to contact CIC customer service. They should be able to give you a firm answer. – Dipen Shah Jun 25 '16 at 01:17

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Option 2 is (very slightly) easier to read in the actual regulations, at 117(1)(h). Essentially it says you could sponsor your brother if

  • you have no other relatives already in Canada, and

  • there is no one you could sponsor under some other paragraph.

Since you have parents you could sponsor under 117(1)(c) I don't think you are eligible to sponsor your brother under 117(1)(h). This only barely makes sense because, of course, it is the government...

Dennis
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  • Fantastic! I tried to find the applicable law but while I found the law, I couldn't find this section. This is clear to me: whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor. Of course it doesn't make sense but at least the law is clear. – chx Jun 25 '16 at 23:40