Canada Family Class Sponsorship Program

A sponsor must:

• Reside in Canada or plan to reside in Canada once their family member is accepted
• Prove they have enough income to support the sponsored family member once they come to live in Canada
• Not have a criminal record
• Not have received social assistance within the past year

Someone cannot be a sponsor if they:

• Are in prison
• Are subject to a removal order
• Are in the process of bankruptcy
• Are receiving social assistance from the government (except for disability)
• Have been convicted of (or attempted/threatened to commit) an offense of a violent or sexual nature or resulting in bodily harm to a family member
• Have failed to pay child support payments
• Have failed to pay back immigration loans or have made late or missed payments
• Have sponsored a family member in the past and failed to meet the terms
• Have sponsored a previous spouse or partner who has not been a permanent resident for more than three years
• Were themselves sponsored and became permanent residents less than five years ago

In addition to meeting the program’s general requirements, sponsors in Quebec must also sign an undertaking with the government of Quebec. This undertaking commits the sponsor to provide financial support to the sponsored family member for three years, show that they have adequate housing for the sponsored family member, and meet the required income levels.
The sponsored person must fill out and sign an application for permanent selection – Family reunification class.

Who is Considered a Spouse, Common-Law Partner, and a Conjugal Partner?

A spouse is someone you are legally married to.

A common-law partner is someone with whom you have been in a committed relationship for at least one year.

A conjugal partner is someone with whom you have been in a committed relationship for at least one year, but you could not live together or marry because of legal reasons beyond your control.

To be eligible, the sponsor should not have sponsored a previous spouse or partner within the last five years.

A sponsored spouse must be 18 years of age or older and not married or in a common-law relationship with someone else.

The sponsor must also provide evidence that he can financially support the spouse or partner and any of their dependent children.

The applicants will also need to provide proof of relationship. The type of proof required will vary depending on their situation. It may include evidence such as joint bank accounts, shared lease or mortgage agreements, birth certificates for any children they have together, and copies of communications such as text messages, emails, or letters.

In some cases, additional proof, such as evidence of cohabitation or a solemn declaration from friends or family attesting to the relationship, may be required. However, as long as they can provide ample evidence that they have a genuine relationship and meet all other requirements, the sponsorship should be approved without any problems.

Who is Considered a Dependent Child?

A dependent child is defined as a biological child of the sponsor, a child of the sponsor’s spouse, or an adopted child under the age of 22 who is not financially self-sufficient and does not have a spouse or common-law partner.

If a child is over the age of 22 but is unable to support themselves financially due to a physical or mental condition, they may still be considered a dependent child. In these cases, evidence from a medical professional will be required.

Dependent children included in a sponsorship application must meet all eligibility criteria for immigration, including health and security requirements.

Please note that the conditions should be met until the Canadian Government decides on your application, except for age.

If you are looking to adopt a child from another country, one of the first steps is finding an adoption agency. Many reputable agencies across Canada can help you through the process. Once you have found an agency, they will work with you to complete the necessary paperwork and requirements.

If your application is approved, the IRCC (Citizenship and Immigration Canada) will issue a visa allowing the child to travel to Canada. The child must arrive in Canada within six months of receiving the visa and must be accompanied by at least one parent.

Once the child arrives in Canada, they will become a permanent resident. The adoption process is not complete until the adoption is finalized in court. Only then will the child be eligible for Canadian citizenship.

The intercountry adoption process can be long and complex, but it is worth it for many families seeking to provide a loving home for a child in need. If you are interested in adopting a child from another country, research and speak with an experienced adoption lawyer to ensure you understand all the steps involved.

You can sponsor your parents or grandparents either by blood or adoption.

If they are widowed or divorced, you can sponsor your parents’ or grandparents’ partners and dependent children.

You cannot sponsor your spouse or partner’s parents or grandparents, but you can co-sign your spouse’s application.

Please note that Canada has a limit to the applications accepted to sponsor parents and grandparents.

You can sponsor your siblings, nieces, and nephews, if they are related to you by blood or adoption, both parents are deceased, are not married or in a common-law relationship, and are under 18 years of age.

You can also sponsor one other relative such as an aunt, an uncle, or a cousin related by blood or adoption of any age as long as you do not have any other close relative that you can sponsor instead, such as a spouse, partner, dependent child, parent, grandparent, or orphaned sibling, and you don’t have any other relative in Canada who is a Canadian Citizen, or permanent resident.

Once you have determined that you and the person (or people) you wish to sponsor are eligible for the program, it is time to begin preparing your application forms.

You will need to fill out several forms as part of your application package, including but not limited to an Application to Sponsor form, an Agreement to Undertake form, a Sponsor Assessment form, and a Statement of Common-Law Union form (if applicable). These forms can all be found on the Immigration, Refugees, and Citizenship Canada website.

Once you have completed all of these forms (and any others that may apply to your situation), you will need to submit them along with your application fee and supporting documentation.

If everything goes smoothly with your sponsorship application and it is approved by Immigration, Refugees and Citizenship Canada (IRCC), the next step for your sponsored family member(s) is applying for permanent residency in Canada.

This process involves completing more forms and providing more documentation than the sponsorship application. However, IRCC and your lawyer will guide every step so that sponsors and sponsored family members know what needs to be done to process successfully.

The principal applicant must fill out several PDF forms to apply for permanent residence.

The Generic Application Form for Canada must be completed, as well as the Schedule A – Background/Declaration, Additional Family Information Form, and Supplementary Information.

These forms can be found on the Citizenship and Immigration Canada website. All documents must be filled out completely and accurately, as any false or misleading information may result in a rejection of the application.

Once all forms have been completed, they must be submitted to the appropriate address along with the required fees. Processing times can vary, but applicants can expect to receive a decision on their application within several months.

The applicant must pay a processing fee. The payment process costs are not refundable.

In addition to the sponsorship fee, several other costs are associated with the program, including the application processing fee, the right of permanent residence fee, and the medical examination fee. In the end, the program’s total cost can be significant.

Processing times for family sponsorship applications vary depending on the type of application and how many sponsors are included. In most cases, the processing time is between six to 12 months. However, on some occasions, it can take up to two years.

To be eligible for a work permit, you must have applied for permanent residency and await a decision on your application. An open job permit lets you work for any employer in Canada, with a few exceptions.

If you want to work for a specific employer, you must apply for a closed work permit. You will need a valid job offer from a Canadian employer and a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) to obtain this work permit.

After being accepted and the permanent residency granted, the sponsorship lasts for three to ten years, during which time the sponsor promises to support the sponsored person. If at any point during those three years, the sponsor does not meet the income requirements or provides false information on their application, they could be banned from sponsoring anyone else in the future.

After five years of holding a Canadian Permanent Residency, the sponsored family member can apply for Canadian Citizenship as long as they have resided in Canada for three of those five years.

If your Canadian family sponsorship application gets denied, you might be able to reapply. You could also find another way to get your family member to stay in Canada, such as work or a student visa.

With careful planning and preparation, you should be able to eventually achieve your goal of living in Canada with your family.

You can also submit an appeal if your relative lives outside Canada to the Immigration Appeal Division (IAD) within 30 days of receiving the refusal letter. The IAD will review your application and decide whether to overturn the decision or not. You can find more information about the appeal process on the IRCC website.