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
sponsor family members who are citizens 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 be 18 years old or
older, and in most cases, you’ll need to show
sufficient financial resources to support these
relatives upon their entering Canada.
Each sponsor is required to enter into a written
agreement with the government of Canada agreeing to
be financially responsible for the person they are
sponsoring. 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 can be sponsored under the family
class:
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. If the
marriage is legal in the country it occurred then it will be
accepted as such by the Canadian immigration authorities.
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
difference is that they do not have to have lived together
continuously for a year. However, conjugal partners will
have to show that they were unable to live together due to
some exceptional circumstances. This is intended as an
exception category and is not for fiancés.
Children: Any dependent children under the age of
22 and who are not married qualify for sponsorship by their
parents. A child over 22 or a child under 22 and married can
also be sponsored if since reaching 22 or becoming married
they have continued to be full-time students and have also
been financially dependent on the parent sponsor.
Parents: Refers to the father and/or mother of the
sponsor. Please note that sponsored parents may also bring
any dependent children along with them, which would be the
siblings of the sponsor. In such instances a sponsor can
bring brothers and sisters under the age of 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: A person under the age of 18 and whose
mother and father are both deceased is considered to be 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 who 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: Siblings (brothers and sisters) cannot be directly
sponsored under the Family class. Brothers and sisters can
only be sponsored as dependents of parents being sponsored.
In-land Spousal Sponsorship
Under normal circumstances a sponsor will be in Canada and
the person being sponsored will be in their home country
while their application is under consideration. In the case
of in-land spousal sponsorship, a person is allowed to wait
in Canada. This category only applies to spouses and
common-law partners who are in Canada together with their
Canadian sponsor.
Sponsorship by a Canadian Citizen Living Abroad
Another exception to the regular rule of the sponsor being
in Canada and the sponsored person being abroad is that a
Canadian citizen can choose to sponsor their spouse,
common-law partner, conjugal partner, or dependent children
while waiting with them in their home country. It would then
be necessary to show that all parties intend to reside in
Canada once the relative gains residency.
For more information, or to Ask a Free
Question,
Contact Us today.
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