Sponsoring Extended Family Members to Canada: The “Lonely Canadian Program” and Beyond

Canada’s immigration system is well-known for its family reunification policies, allowing citizens and permanent residents to sponsor their spouses, common-law partners, children, parents, and grandparents. However, what is less widely understood is that Canadian citizens and permanent residents may, under certain conditions, sponsor extended family members to immigrate through a program informally called the “Lonely Canadian Program” or the “Other Relative Program.” Here’s an in-depth look at the possibilities, challenges, and exceptions surrounding this unique sponsorship option.

Who Can Be Sponsored Under the “Lonely Canadian Program”?

Under this program, a Canadian citizen or permanent resident can sponsor one extended family member to immigrate to Canada. This may include:

• An adult son or daughter,

• A brother or sister,

• An uncle or aunt, or

• A niece or nephew.

The person being sponsored must be related to the sponsor by blood, and if they are married or have children, they can bring their immediate family to Canada.

However, to qualify for this program, the Canadian sponsor must demonstrate that they have no immediate family members who are Canadian citizens, permanent residents, or eligible for sponsorship under other family sponsorship streams. Immediate family members include spouses, common-law partners, children, parents, and grandparents.

For example, a Canadian citizen who is married cannot sponsor an extended family member like an uncle or sibling under this program. The purpose of the program is to provide an opportunity for Canadians with limited family ties in Canada to bring a relative and strengthen their support network.

The Surprising Restrictions on Sponsoring Siblings

One surprising aspect of the family sponsorship rules is that a Canadian citizen cannot sponsor a brother or sister unless the above requirements are met—namely, the absence of parents or other immediate family members. This restriction can create challenges in certain scenarios, especially when the sibling being sponsored is a minor.

For instance, consider the following situations:

1. Family Divorce: A sibling may be caught in the middle of their parents’ divorce, leading to a lack of proper care and emotional support.

2. Neglect by Parents: A sibling might not be receiving adequate care or attention from their parents, potentially leading to issues with their well-being.

In such cases, a Canadian sibling might wish to sponsor their brother or sister to provide them with a stable and supportive environment. Unfortunately, the rules governing the “Lonely Canadian Program” do not allow for such sponsorship if the parents are alive and able to care for the sibling, even if they are not doing so effectively.

A Potential Solution: Humanitarian and Compassionate (H&C) Applications

When the family sponsorship pathway is unavailable, one alternative may be to apply for permanent residence on Humanitarian and Compassionate (H&C) grounds. This type of application considers the unique circumstances of the case and can be particularly compelling when the well-being of a child is at stake.

H&C Applications for Minors:

1. Strong Grounds for Approval:

If a minor sibling’s well-being is at risk due to neglect, emotional hardship, or a difficult family situation, the case may warrant positive discretion from immigration authorities. Canadian immigration policy often prioritizes the best interests of children, which could strengthen the application.

2. Parental Consent:

In cases involving minors, the application would require the consent of the parents for the sibling to immigrate to Canada. This consent is crucial to demonstrate that the arrangement is in the child’s best interest.

3. Supporting Evidence:

The success of an H&C application depends on the strength of the evidence provided. Documentation such as proof of neglect, medical or psychological reports, affidavits from professionals, and letters of support can help establish the urgency and legitimacy of the request.

Applying for H&C from Outside Canada

While H&C applications are primarily designed for individuals residing in Canada, it is technically possible for those outside Canada to apply, though this is rare and considered an exceptional measure.

Here are some key considerations for H&C applications from abroad:

1. In-Canada Focus:

H&C applications are primarily intended for foreign nationals already living in Canada. The forms and guidelines emphasize this focus, making applications from abroad less common.

2. Exceptional Circumstances Required:

Applications from abroad must demonstrate unique and compelling circumstances, such as a child’s well-being, family separation, or medical needs, that justify consideration under H&C grounds.

3. Last Resort Option:

H&C applications are typically pursued only after all other immigration pathways have been exhausted. For those outside Canada, exploring family sponsorship, economic immigration programs, or other specialized streams may be more appropriate.

4. Legal and Strategic Considerations:

The chances of success are relatively low for H&C applications from outside Canada unless the case involves extraordinary humanitarian circumstances. Strong evidence and legal representation are essential to build a convincing case.

Eligibility Requirements for the Sponsor

Whether applying through the “Lonely Canadian Program” or other family sponsorship categories, sponsors must meet the following criteria:

1. Status in Canada:

You must be a Canadian citizen or permanent resident. If you are living abroad, you must show intent to return to Canada once your sponsored relative becomes a permanent resident.

2. Age:

You must be at least 18 years old.

3. Financial Responsibility:

Sponsors must demonstrate the financial ability to support their sponsored relative. They must sign a sponsorship agreement committing to financially support the sponsored person for a set period, which is typically 10 years for relatives sponsored under this program.

4. No Disqualifications:

You cannot sponsor if you have significant criminal convictions, a history of sponsorship default, undischarged bankruptcy, or other disqualifying factors.

The Importance of Careful Consideration

Sponsoring an extended family member can be incredibly rewarding, but it is not without risks. Sponsors must remain financially responsible for their relative after they immigrate, even if the relationship deteriorates. This liability includes providing financial support for basic needs and ensuring the sponsored relative does not rely on social assistance.

It is essential to have open, honest discussions with the relative being sponsored to manage expectations about the relationship and responsibilities after arrival. Misunderstandings or unrealistic expectations can strain relationships and lead to regret.

Mandamus Applications in Extended Sponsorship Cases

In recent legal developments, such as the 2023 Federal Court decision in Asiedu v. Canada (Citizenship and Immigration), it was clarified that IRCC service standards for family class applications can serve as a benchmark for determining reasonable processing times in mandamus applications related to the “Lonely Canadian Program.” This decision underscores the importance of ensuring applications are processed within a reasonable timeframe, particularly when delays significantly impact families.

Conclusion

Canada’s family sponsorship programs, including the unique “Lonely Canadian Program,” provide opportunities for Canadians to reunite with their loved ones and build stronger family connections. However, these pathways come with specific requirements and challenges that demand careful planning and honest communication.

For cases where the program’s rules do not apply, alternative options like H&C applications may be worth exploring, particularly when the best interests of a child are involved. While these applications can be complex, with the right evidence and legal guidance, they may provide a path to reunite families and offer a brighter future for loved ones.

At Blacksy, we specialize in family sponsorship and H&C applications, helping Canadians navigate the complexities of immigration law with tailored, honest, and straightforward advice. Contact us to explore your options!

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About the Author

I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 

At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.

Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.

Visit us at www.blacksyimmigration.com to learn more or to start your journey.