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While you’re excited about coming to a new country, it’s only natural to want to have your family join you. Fortunately, through the Canadian Family Class sponsorship, this dream of bringing your family together in Canada is possible.
There are a number of programs that allow for you to reunite your family because the Canadian government believes in the importance of the family unit and knows success in a new country is made easier with a family support system.
Programs that make this possible are: Spouse or Common-Law Partner, Parent and Grandparent Family Class, Parent and Grandparent Super Visa and Dependent Child Sponsorship. We can help determine which program is right for your family and help you make your dreams of reunification in Canada possible. Each family member involved (the sponsor in Canada and the sponsored family member) must meet immigration requirements for the program you are applying under. Ask us how we can help.
SPOUSE OR COMMON LAW PARTNER
Requirements for the sponsor are:
The sponsor must be at least 18 years of age; a Canadian permanent resident living in Canada, a Canadian citizen, or a person registered in Canada as an Indian under the Canadian Indian Act; cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offense; and cannot have been sponsored to Canada as a spouse within the last 5 years.
Requirements for the sponsored person (spouse or common-law partner) are:
The sponsored person must be at least 18 years of age and must not be too closely related by blood to the sponsor.
Requirements for the nature of the relationship include:
The relationship between the sponsor and the sponsored person must qualify under one of these three categories:
Spouse: The Sponsor and the Sponsored Person are legally married. For those married within Canada, a Certificate of Marriage from the province or territory where the marriage took place will show that the marriage is valid. Note that same-sex marriages performed within Canada are valid for spousal sponsorship. If the marriage took place outside of Canada, it must be valid under the law of the country where it took place as well as under Canadian federal law. Same-sex marriages that took place outside of Canada are not valid for spousal sponsorship, but an application can be made under either the common-law partner or conjugal partner categories if such a relationship can be proven.
Common-law partner: In order to establish a common-law relationship, the Sponsor and the Sponsored Person must cohabit continuously for at least one year, excluding brief absences for business or family reasons.
Conjugal partner: Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as a conjugal partner if:
Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships; and the applicants have had a mutually dependent relationship for at least one year with the same level of commitment as a marriage or a common-law union. This can require a demonstration of emotional ties and intimacy, financial closeness, such as joint ownership of assets or mutual financial support, and efforts to spend time together and reunite.
There are things that will prevent someone from sponsoring an individual from coming to Canada. These include if he or she:
Did not pay an immigration loan, a performance bond and/or family support payments.
Failed to support a previously-sponsored relative, which resulted in the sponsored individual seeking social assistance to meet his or her basic needs.
Is under a removal order.
Is in a penitentiary, jail, reformatory or prison.
Receives social assistance for reasons other than a disability.
Have filed for bankruptcy and have not received an ‘order of discharge’ by the court (he or she is still going through the process of bankruptcy).
Were sponsored and held permanent resident status for less than five years.
Sponsored another spouse/partner previously and three years have not passed since the sponsored spouse/partner became a Canadian permanent resident.
Have already submitted an application to sponsor his or her current spouse/partner/child and a decision was not yet made on his or her submitted application.
Were convicted of a violent or sexual offense or an offense that caused, attempted to cause or threatened to cause bodily harm to a relative.
Dependent Child Sponsorship
This program is about reuniting parents and children in Canada. Both natural and adopted dependent children can be sponsored to come to Canada as permanent residents. Both the sponsor and the child must be approved by IRCC.
Requirements for the sponsor are:
The sponsor must be 18 years of age; must be a Canadian permanent resident living in Canada or a Canadian citizen; and cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offense.
Requirements for the sponsored person (dependent child) are:
That they must be in one of the following situations of dependency: Less than 22 years of age and is a biological or adopted child; or is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.
Requirements for the nature of the relationship are:
The Sponsored Person must be either the biological child of the parent if the child has not been adopted by a person other than the spouse or common-law partner; or the adopted child of the parent.
PARENTS AND GRANDPARENTS
This program is now based on an “interest to sponsor” web-form submission where sponsors complete a request to bring loved ones to Canada. From these submissions, draws are made and invitations are issued to eligible sponsored immigrants. Once the invitation to submit an application is received, the sponsor has 60 days to submit a complete application. The materials required are extensive, so it’s advisable to prepare the documents before the invitation is received. We can help you get everything together.
Requirements for the sponsor are:
The sponsor and their relative must sign a sponsorship agreement that commits the sponsor to provide financial support to their relative, if necessary and must meet the minimum income threshold for this program, which we can explain. If sponsoring a person coming to the Province of Quebec, an “undertaking” with the Province must be signed.
The sponsor must also be a Canadian citizen or permanent resident age 18 or older, sign an undertaking to repay an provincial social assistance benefits paid to the sponsor and accompanying family members for a period of 20 years and if the sponsor resides in Quebec, they must also sign another “undertaking” for that province.
The sponsor must exceed the minimum income level for the program (which can be combined income if married or common-law) and promise to provide financial support for the relative and any other eligible relatives accompanying them for a period of 20 years. The time period begins the day the parent or grandparent becomes a permanent resident.
Requirements for the sponsored person (parent or grandparent) are simply that they much be the parent(s) or grandparent(s) of the sponsor:
Not everyone will fit into the requirements for the parent and grandparent Family Class Sponsorship, so the government of Canada has created the Super Visa which is a two year visa for parents and grandparents to come as visitors to Canada for an extended period of time. It’s ideal when residents of Canada want to be together with their family for longer periods of time like when a new baby is born, they are traveling and need help at home or simply want to spend more time with their parents and/or grandparents.
With the Super Visa, parents and grandparents are able to move freely throughout Canada for up to two years. Unlike a traditional visitor visa, the Super Visa is valid for up to 10 years or the validity of the passport. The first visit on the Super Visa can be for up to two years and subsequent visits will be limited to 12 months.
Requirements for the sponsor of a parent or grandparent Super Visa are:
The sponsor must be the child or grandchild of the sponsored person; must provide a written commitment of financial support; and must meet the minimum income threshold for this program.
Requirements for the sponsored person (parent or grandparent) are:
The sponsored person must be the parent or grandparent of the sponsor; must be admissible to Canada as a visitor; must prove that he or she has bought Canadian medical insurance coverage for at least one year; and must undergo an Immigration Medical Examination.
SPONSOR YOUR RELATIVE
You may be eligible to sponsor some of your relatives to Canada who do not fall under the above two mentioned categories.
Orphaned close relatives: An orphaned close relative who is under the age of 18 and without a spouse, common-law partner or conjugal partner may be sponsored. They need to be related to you by blood or adoption (siblings, nephews, nieces, grandchildren).
Other relatives: You may sponsor one relative of any age who is blood-related or adopted under the condition that you don’t have a living relative you could sponsor instead, such as a spouse, common-law partner, conjugal partner, son or daughter, parent, grandparent, sibling, uncle or aunt and nephew or niece. These relatives should not already be a Canadian citizen or a permanent resident of Canada.
To sponsor a relative to become a permanent resident of Canada, you must meet set income guidelines, and should be able to financially support them beginning on the date they become permanent resident until the age of 20. The person who is being sponsored also has a responsibility to make an effort to support themselves.