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I have immigrated to Canada, and my brother is mentally retarded. Can he apply for family reunion to come to Canada?
It's hard!
Look at Canada's Immunization and Shelter Protection Act, Section 38: (38( 1)(c))
38.( 1) Foreigners are not allowed to enter the country if they are in poor health.
(a) is likely to pose a danger to public health;
(b) It may pose a danger to public safety; or
(c) It is reasonably expected that there will be excessive demand for health or social services.
(2 )( 1 )( c) does not apply to the following foreign nationals.
(a) The spouse, cohabiting partner or child of the guarantor who has been identified as a member of the family category;
(b) Having applied for a permanent resident visa as a Convention refugee or a person in a similar situation;
(c) is a protected person; or
(d) The spouse, cohabiting partner, children or other family members of a foreign national mentioned in paragraphs (a) to (c) under the circumstances stipulated in the Regulations.
Under such regulations, it is difficult for disabled people to immigrate to Canada.
Meanwhile, you said you were your brother's guardian. Did this fact happen before or after you immigrated? If it happened before you immigrated, did you tell the Canadian government when you applied? If there is, it is very likely that you will not be approved then; If you don't say it, saying it now to apply for a brother is likely to be regarded as concealment and deception. What are the chances of success? Think for yourself.
If the fact of this guardian happened after you immigrated, why? Are your parents still alive? Are there any other brothers and sisters in China? Why is the guardian of a disabled person transferred to a relative who has emigrated?
In fact, immigration officers are normal people, and they can think of everything we can, because they have come into contact with many immigration cases, and sometimes they can think of or encounter unexpected things.
It seems that your situation is very complicated, so for the sake of prudence, I suggest you consult a good professional immigration lawyer before deciding whether to immigrate.
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