Family Sponsorship

Family Sponsorship for Canada: An Overview

Canadian citizens and permanent residents have the opportunity to sponsor their family members to join them in Canada, fostering family reunification. To be eligible, both sponsors and their sponsored family members must fulfill requirements related to finances, character, familial relationships, and health and security. The processing time for a sponsored individual to become a permanent resident of Canada varies depending on the nature of the relationship and the country of residence, typically ranging from about a year to longer.

Eligible Family Members for Permanent Residence Sponsorship

Eligible Canadian sponsors may include the following family members for sponsorship:

• Spouse
• Common-law partner
• Conjugal partner
• Dependent children
• Parents
• Grandparents
• Other close relatives under exceptional circumstances (specific conditions apply)
  

A spouse refers to a legally married husband or wife, verified through a marriage license or certificate. Spouses may reside together or separately in Canada during the immigration process.

Common-law partners, not bound by marriage, must have cohabited continuously for at least one year without significant breaks, except for brief separations for family, work, or business reasons. Cohabitation in Canada is standard, though Canadian citizens can maintain a common-law relationship from abroad, provided they intend to return to Canada upon receiving an immigration visa.

A conjugal partnership is recognized when a couple cannot marry or cohabit due to insurmountable barriers, such as immigration restrictions, religious reasons, or conflict situations. A significant commitment for at least one year must be demonstrated.

Canada acknowledges same-sex marriages and partnerships, making family sponsorship viable for all aforementioned relationships. It's advisable to explore more about spousal and partner sponsorship, including choosing between inland or outland applications.

A dependent child is defined as being under 22 years old, without a spouse. Children over 22 may also qualify as dependents if they cannot financially support themselves due to a condition and have depended on their parents financially since before turning 22. These criteria must be met continuously until the immigration process concludes.

Canadian citizens and permanent residents can sponsor their parents and grandparents, although there is an annual cap on such applications under the Parent and Grandparent Sponsorship (PGP) program. Sponsors must meet specific income requirements, and considering the extended processing time, applying for a Super Visa might expedite their entry into Canada.

Orphaned relatives such as brothers, sisters, nephews, nieces, and grandchildren, who are under 18, unmarried, and without both parents, can be sponsored.

Additionally, other blood relatives might be eligible under the family class if the sponsor lacks any relatives eligible under standard categories and residing in Canada or abroad.

Eligibility Requirements for Sponsors

Sponsors must be at least 18 years old, Canadian citizens or permanent residents, or registered Indians in Canada. Permanent residents must reside in Canada to sponsor a relative. There is no minimum income requirement for sponsoring spouses, common-law or conjugal partners, or dependent children under 22, with certain exceptions. However, sponsoring parents, grandparents, orphaned relatives, and other close relatives necessitates proving sufficient annual income from previous years.

Individuals who are undischarged bankrupts, receiving social assistance (other than for disability), or imprisoned are ineligible to sponsor family members until these conditions are resolved.

Family Sponsorship Process

The process involves two main stages: assessing the sponsor's eligibility and the application for permanent residence. All required documents and forms for both stages must be submitted simultaneously. Processing times vary based on the family member's category, application completeness, and any concerns raised by immigration officers.

Processing Times and Fees

Processing times depend on the sponsored family member's location and relationship type. Fees associated with family sponsorship include sponsorship fees, processing fees, the right of permanent residence fee, and biometrics, where applicable.

Addressing Complex Family Cases

Canada values family reunification, yet acknowledges the complexity of some cases due to non-compliance with program requirements. Exceptions based on humanitarian and compassionate considerations may be granted in specific circumstances.

Start Canadian Immigration

Call us at +1-647-493-5205 or email us at info@leromlaw.com for additional information you need to begin the process.