Dear Miss Powell,

I am a Canadian citizen and I recently came to Jamaica for my mother's funeral and saw that you are helping people with immigration issues. Here is my situation. I have two brothers, age 16 and 21, and I would like to sponsor them to Canada, but I hear that it is a hopeless situation as I can't file for them. Is that true? How do I go about making the application? I am concerned about my youngest brother mostly, as his father also was killed a few years ago. Thanks in advance for answering my question.

- E.P.

Dear E.P.,

Kindly accept my condolences on the loss of your mother. Do not despair; you do not have a hopeless situation. There are various steps that one can take to sponsor a brother or sister to Canada. In the case of your 16-year-old brother, you can start the application process immediately. Citizenship and Immigration Canada makes special provision for persons who are orphans, single, and under the age of 18. With both parents deceased, he is eligible for your sponsorship.

For your 21-year-old brother, this gets a little bit more technical, but all hope is not lost. You may be able to sponsor him indirectly. I got the impression that his father is different from your 16-year-old brother's father, but you did not state whether or not you share the same father. If you share the same father, then you may sponsor your father and include him on the application. The law is that a Canadian citizen may sponsor his/her parents and any child under 22 who is single can be included in the sponsorship. If the child is over 22 and is substantially dependent on his parent as he is in continuous full-time studies, then he may be eligible.

The other way that you may apply for your brother is if you, E.P., are single and have no other relative living in Canada. That is, you do not have children, grandparent, aunt, uncle, niece or nephew in Canada. The interesting thing is if you are single with no other relative you may also be allowed to sponsor other family members.

Next step

If none of the above situations apply, then the next step is to evaluate whether your 21-year-old brother qualifies to apply independently under the Federal Skilled Immigration Class or to obtain a work permit for him.

Remember, in each case all persons sponsored will need to satisfy the criminal and medical checks before they will be able to enter Canada.

The answers above are based on the limited information I have. Therefore, I recommend that you consult with an immigration lawyer or specialist to review your case in detail. Best of luck!

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, family and administration of estates. She is on the roster of mediators for Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. Email: info@deidrepowell.com [2]. Subject line: Immigration