Applicants who are Canadian nationals or permanent residents can sponsor their spouse (husband/wife), conjugal partner, common-law partner, dependent child (including adopted child) or other eligible relative (such as parent or grandparent) to become Canadian permanent resident.
There is no points based system for applicants sponsoring the above mentioned family members.
To be eligible to sponsor, the Canadian citizens or residents, should be over the age of 18, should be living in Canada and should be willing to sponsor/support their spouse or relatives for a period of 3 to 10 years. The sponsors are also responsible for supporting their relatives financially when they arrive and should ensure their spouse or relative do not seek financial assistance from the government.
There are two different processes for sponsoring your family:
- Spouse, common-law partner and/or dependent children
- Eligible relatives
Spouse, common-law partner and/or dependent children
Canadian citizens or residents can bring into Canada as permanent residents their spouse, common-law partner or conjugal partner, or dependent children. The spouse, partner or dependent children could be outside Canada, when the application is made or could be living in Canada.
There are certain requirements to be met by both sponsor and the person being sponsored (Applicant).
ELIGIBILITY CRITERIA FOR A SPONSOR
- The sponsor should be a Canadian Citizen or resident and should be over 18 years of age
- The sponsor and his/her sponsored relative must sign a sponsorship agreement that commits the sponsor to provide financial support, if necessary. This agreement also says that the person after becoming a permanent resident will make every effort to support him/herself
- Sponsor needs to provide financial support to a spouse, common-law for 3 years from the time they become a permanent resident
- Sponsor needs to provide financial support to a dependent child for 10 years, or until the child turns 25, whichever comes first
- If the sponsor resides in Quebec, then he/she needs to meet Quebecâ€™s immigration sponsorship requirement, after Citizenship and Immigration Canada (CIC) accepts you as a sponsor
A person can migrate as a spouse if he/she is married to their sponsor and the marriage is officially valid.
If a person has married in Canada, they should provide a marriage certificate issued by the province where the marriage took place. If a person has married outside Canada, then the marriage must be valid under the law of the country where it occurred and under Canadian law. Marriages that happen in an embassy or consulate should be in accordance with the law of the country where it took place, not the country of citizenship of the embassy or consulate.
Canadian citizens and permanent residents living in Canada can sponsor their common-law partner and eligible dependent children. Applicants who have been residing with their qualifying Canadian partners for a period of 1 year or more in an ongoing relationship can be sponsored under this visa. They need to prove that they are in a genuine and continuing relationship and should have resided together at a common address.
The sponsor and the partner should intend to live together in Canada and an undertaken should be given by the sponsor to provide for all of the applicant’s basic needs for a period of 3 years from the partner’s arrival to Canada.
Applicants who have been maintaining an ongoing relationship with their Canadian partner, but have been unable to reside together at a common address with their Canadian partner for a period of at least 1 year, because of exceptional situations beyond their control, can be sponsored under this visa.
A person may apply as a conjugal partner if:
He/she has maintained a conjugal relationship with their sponsor for a minimum of one year and have been hindered from staying together or marrying because of:
- An immigration barrier
- His/her marital status (for example, he/she is married to someone else and residing in a country where divorce is impossible) or
- His/her sexual orientation (for example, he/she are in a same-sex relationship and same-sex marriage is not granted where they live)
- He/she can provide proofs that there were reasons they could not stay together (for example, he/she was refused long-term living in each otherâ€™s country)
The Canadian sponsor must sign an undertaking to provide for the partner’s basic needs for the duration of 3 years from the partner’s arrival to Canada.
A person cannot apply as a conjugal partner if:
- He/she could have stayed together but chose not to. This demonstrates they did not have the level of commitment that is needed for a conjugal relationship. (For example, one among both may not have wanted to give up an employment or study, or his/her relationship was not yet at the point where they are ready to live together
- He/she could not provide proofs that there was a reason that kept away him/her from living together
- He/she is engaged to be married. In this case, he/she should either apply as a spouse once the marriage has occurred or apply as a common-law partner if he/she has stayed together continuously for a minimum of 12 months
Canadian citizens and permanent residents living in Canada can apply to sponsor their or their partner’s dependent or adopted children. A son or daughter is dependent when the child:
- is below the age of 22 and does not have a spouse or common-law partner
- is a full-time student and is considerably dependent on a parent for financial support since before the age of 22 or
- is financially dependent on a parent since before the age of 22 because of a mental or physical disability
RELATIONSHIPS NOT ELIGIBLE FOR THE FAMILY VISA
An applicant would not be eligible to be sponsored as a spouse, a common-law partner or a conjugal partner if:
- He/she is under 16 years of age
- He/she or the sponsor was married to someone else at the time of their marriage
- He/she has stayed apart from the sponsor for a minimum of 1 year and either of them are the common-law or conjugal partner of another person
- The sponsor has migrated to Canada and, at the time permanent residency was applied for, he/she was a family member who should have been assessed on their eligibility of the immigration requirements, but were not assessed or
- The sponsor earlier funded another spouse, common-law partner or conjugal partner, and 3 years have not passed since that individual became a Canadian permanent resident
if applicant sponsors group of people like spouse and dependent children then all the applications for permanent residency must be filed at the same time. The application for sponsorship and permanent residency must be filed together.
If the applicant does not qualify to sponsor/support their spouse, common-law partner or dependent child in the Family Class, their partner/dependent may apply to stay in Canada on humanitarian and compassionate grounds.
OTHER ELIGIBLE RELATIVES
A permanent resident or a citizen of Canada can sponsor certain relatives such as parents and grandparents under the family class program. Both the sponsor and the relative wishing to migrate to Canada must satisfy certain requirements.
A Canadian resident can sponsor:
- Brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship
- Children adopted outside of Canada or intended to be adopted in Canada
- Any other family member can be sponsored regardless of age, if there is no spouse, common-law or conjugal partner, son, daughter, mother, father, brother, sister, grandfather, grandmother, uncle, aunt, niece or nephew who is a Canadian citizen, registered Indian or permanent resident or whom you may sponsor
- Accompanying relatives such as spouse, partner and dependent children
Relatives over the age of 18, such as brothers and sisters or adult independent children are not eligible and hence cannot be sponsored. However, if they qualify to migrate under the Skilled Worker Class, they may gain additional points for adaptability for having a relative in Canada.
PARENTAL AND GRAND PARENTAL
Parents and grandparents can be sponsored under this visa category, by proving their relationship with the sponsor. The sponsor should be willing to live in Canada with the applicant(s) and must be capable of supporting them financially without accessing public funds.
The sponsor should meet the required income levels so as to support the applicants coming into Canada. The sponsor has to sign an undertaking to provide for all of the applicants basic needs for the duration of 10 years from the date the applicant arrives in Canada.
REMAINING RELATIVE VISA
Canadian citizens and permanent residents living in Canada can sponsor one relative regardless of age or relationship, if the Canadian sponsor does not have any relatives who are Canadian citizens or permanent residents or any other relative who may be sponsored under the family category.
The Canadian sponsor must provide evidence of sufficient income and must also sign an undertaking to provide for all of the applicant’s needs for a specified period of time.
Sponsored family members and relatives granted permanent residence under the Family Class will have the right to live, work and study in Canada indefinitely.
It is not a points-based category, but both the sponsor and the relative are expected to meet certain requirements.
Family members entering Canada can work without any restrictions and can avail language training programs and assistance for finding employment.
Permanent residents have access to government-funded healthcare, subsidized education and other social care benefits such as Canada Pension Plan Benefits, Old Age Security and Guaranteed Income Supplement. After three years stay in the country, the applicant can apply for Canadian citizenship
A sponsorship agreement outlines the conditions for both the sponsor and the family member who is immigrating to Canada. The sponsor must accept to support his/her relative or dependent for an agreed duration of time without them receiving any social assistance.
The individual being sponsored must ensure that they support themselves, except in cases where the relative is elderly.
SPONSORS LIVING IN QUEBEC
An agreement signed between the federal and Quebec governments provides the territory/province the right to determine whether or not sponsors staying in Quebec have the financial ability to sponsor members of the family class. Quebec residents must sign an undertaking with the province of Quebec.
Sponsors must show that they have the financial ability to cover the basic requirements for the following people:
- Their family members in Canada or elsewhere
- The person they are sponsoring and his or her family members, whether or not they are coming to Canada; and
- The persons for whom they and, if applicable, their co-signer have signed a previous undertaking that is still in effect
VISA APPLICATION FEES
The total cost of application fees is around CAD $1,000 to CAD $2,000.
CBIS PROFESSIONAL FEES
Each application before being accepted by CBIS is evaluated by experienced Canadian Immigration Lawyers / Paralegal staff. We only accept applications that we are confident will be a success.
Our Service includes the following upon retaining a client:
- Providing Application kit
- Complete Assistance during the Application Process
- Assisting the client in completing the forms and Documentation
- *Petition Filing (if due to any reason the application is refused, CBIS shall file a petition with the Government challenging the officers decision)
- Updates & Regular Follow up with the Consulate / Embassy
* Indicates additional charges for the service.These services are provided at an additional cost.