Family Sponsorship and Spousal Sponsorship in Canada
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Are you familiar with
Family Sponsorship Canada? The term relates to
the fact that citizens (or permanent residents) may
choose to sponsor family members who are residents
of other countries looking to immigrate to Canada
permanently. If sponsorship is something you are
interested in as a Canadian citizen or permanent
resident, a Canadian immigration lawyer knows the
requirements that must first be met. For starters,
you must currently live in Canada and be 18 years
old or older. In addition, you’ll need to have the
financial resources to support these relatives upon
entering Canada.
Each sponsor is required to enter into a written
agreement with the government of Canada that attests
to this fact. Be advised that you will be required
to agree to support spouses, common-law partners as
well as conjugal partners for three years; the
agreement is ten years for all other relatives. |
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NOTE: There will only be a minimum income level
requirement that must be shown for sponsored relatives that
fall outside of the category of spouse, common-law partner,
or conjugal partner.
The following relatives are able to be
sponsored under the family class and include:
Spouse: Refers to a husband and wife who are
legally married. The marriage does not have to occur in
Canada to be recognized; it does, however, have to be
recognized as legal in the country where it took place
originally. A Canada Immigration Lawyer will advise you that
if the marriage is legal it will be accepted as such by
immigration in Canada.
Common-law Partner: Common-law partners are those
who have lived with a sponsor for a minimum of one year. In
addition, the person must have also been engaged in a
conjugal relationship similar to that of marriage.
Conjugal Partner: Much like a common-law partner,
a conjugal partner must have also been in a conjugal
relationship with their sponsor for at least one year. The
only difference would be if they were unable to live
together based on some mitigating circumstances.
Children: Any dependent children under the age of
22 and who are not married qualify for sponsorship by their
parents. A Canada immigration lawyer knows that a child over
22 and married can also be sponsored; this is only if since
reaching 22 they have continued to be full-time students and
have also been financially dependent on the parent sponsor.
Parents: Refers to father or mother. Please note
that sponsored parents may also bring any dependent children
along with them, which are siblings of sponsor. In such
instances a sponsor can bring brothers and sisters under age
22; if they are over 22 then they must be full-time students
to qualify for permanent residency in Canada.
Grandparents: Grandfather or grandmother.
Orphans: If you are under age 18 and both your
mother and father are deceased, you are considered an
orphan. Siblings, nephews, nieces, and grandchildren can be
sponsored if orphaned as long as they meet age requirement
and are not married.
Adopted Children: A person under age 18 and will
be adopted by the sponsor is also eligible.
Other Relative: If there is no spouse, common-law partner,
conjugal partner, child, parent, grandparent, sister,
brother, aunt, uncle, niece, or nephew living in Canada or
abroad to be sponsored, then a person can sponsor any
relative without regard for age.
NOTE: As a
Canadian immigration lawyer it is important to point out
that siblings are not able to be directly sponsored under
guidelines stated in the Family class. Brothers and sisters
are only able to be sponsored when they come to Canada as
dependents of parents being sponsored.
In-land Spousal Sponsorship
Under normal circumstances a sponsor will be in Canada and
the person being considered for sponsorship will be in their
home country while their application is under consideration.
Your Canada immigration lawyer can help with getting the
approval needed for a visa to be issued that will allow the
person to come to Canada. In the case of in-land spousal
sponsorship, a person is allowed to wait in Canada for this
to occur. For a common-law partner to qualify for this
status they would need a study permit, visitor’s visa, or
work permit; they may also be out of status as long as there
is no removal order in place.
Sponsorship by a Canadian Citizen Living Abroad
Another exception to this rule of sponsor being in Canada
and sponsored person being abroad is also a possibility. A
person can choose to sponsor their spouse, common-law
partner, conjugal partner, or dependent children while
waiting in their home country. It would then be necessary to
show that all parties intend to reside in Canada once the
relative gains residency. |
