USA and the UK
- Who Can Be a Sponsor?
- Additional Eligibility Criteria for the Sponsor
- Who Can Not Be a Sponsor?
- Who Can Be Sponsored?
- Eligibility for the Sponsored Family Members
- Quebec Additional Requirements
- Sponsoring Your Spouse or Partner
- Sponsoring Dependent Children
- Sponsoring an Adopted Child
- Sponsoring Parents/Grandparents
- Sponsoring Other Relatives
- Submitting Application Forms
- Canadian Permanent Resident Application
- Canada Family Class Sponsorship Program Document Checklist
- Additional Information
- Other Documents Needed
- Processing Fees for Family Sponsorship Applications
- Processing Times for Family Sponsorship Applications
- Family Class Sponsorship Acceptance
- Family Class Sponsorship Rejection
- How IAS Can Help?
Who Can Be a Sponsor?
To be eligible to sponsor someone under the Canadian Family Class sponsorship program, the sponsor must be 18 years of age and be:
- A Canadian citizen
- A person registered in Canada as an Indian under the Canadian Indian Act
- A permanent resident of Canada
Additional Eligibility Criteria for the Sponsor
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
Who Can Not Be a Sponsor?
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
Who Can Be Sponsored?
The Canadian government offers several types of family sponsorship programs. The process and requirements vary depending on the relationship between the sponsor and the sponsored individual.
The family members who can be sponsored to come and live in Canada include:
- Spouse or common-law partner
- Dependent children
- Adopted Children
- Parents and grandparents
- Other relatives like siblings, aunts, uncles, nieces, nephews, and cousins under certain circumstances
Eligibility for the Sponsored Family Members
The sponsored family member must also meet certain conditions, such as being admissible to Canada and not having severe criminal convictions.
The sponsored family member must also agree to make every effort to become financially independent and not ask the government for financial help. This means they will look for work and not rely on social assistance programs.
The sponsored person must also agree to obey the laws of Canada and not get involved in any criminal activity. If they do, they could be deported from the country.
Also, each family category – spouse/partner/conjugal partner; dependent child; parent/grandparent; other relatives – has specific requirements that must be met for a successful sponsorship application.
Quebec Additional Requirements
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.
Sponsoring Your Spouse or Partner
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.
Sponsoring Dependent Children
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.
Sponsoring an Adopted Child
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.
Sponsoring Other Relatives
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.
Submitting Application Forms
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.
Canadian Permanent Resident Application
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 Canada Family Class Sponsorship Program document checklist includes:
- Document Checklist
- Application to sponsor
- Financial Evaluation
- Proof of income sources
- Sponsorship Agreement and Undertaking
- An application for permanent residence for the person being sponsored
- Permanent resident card, Canadian Citizenship card, Canadian birth certificate, or passport
- A copy of the birth certificate, passport, or another national identification document for the person being sponsored and any family members included on their application
- Photographs of applicant and dependents
- Proof of your relationship to the person being sponsored (e.g., marriage certificate, birth certificate, adoption order)
- Proof of previous marriages (if applicable)
- Statutory Declaration of Common-Law Union (if applicable)
- Military Service Documents (if applicable)
- Medical Exam
- Police Certificates
- An application fee for each person included on the sponsorship application and the Right of Permanent Residence Fee if applicable.
If you have everything on the checklist, you’re one step closer to sponsoring your loved ones.
The Canada Family Class Sponsorship Program document checklist is an essential tool for those sponsor applicants who want to ensure that they have all the required documentation before submitting their sponsorship application. The list includes all the necessary documents that must be submitted and the required fees.
The complete checklist is available on the Citizenship and Immigration Canada website and is updated regularly. It is important to note that the requirements for the sponsorship program are subject to change, so it is advisable to check the latest version of the checklist before applying. Failure to include all required documentation may result in your application being rejected.
The requirements for proof of financial requisites differ by program.
A sponsor must prove that they have a stable income that meets the minimum required to support the sponsored person and any dependent family members on their application after arriving in Canada.
The Proof of finances for the Family Sponsorship Program contains information about the sponsor’s income, assets, and expenses, supported by any pay stubs, Canada Revenue Agency Notice of Assessment, tax returns, and proof of property ownership.
Sponsorship Agreement and Undertaking
The Sponsorship Agreement and Undertaking is a legal commitment between the sponsor and the government of Canada where the sponsor promises to provide financial support for the sponsored person and any dependent family members included on their application for three to ten years from the date they become permanent residents of Canada.
The sponsored family members are also subject to the conditions of the sponsorship agreement. They must live in Canada with their sponsor and make every effort to become self-sufficient. If they fail to do so, they may be removed from Canada.
The conditions in the Undertaking Agreement are valid even if the relationship ends (e.g., divorce, separation, etc.).
Family Member Being Sponsored
One of the requirements of the Canada Family Sponsorship Program is that all family members being sponsored must undergo a medical exam. The exam includes a physical examination and tests for infectious diseases. The exam results will determine if the family is eligible for immigration. The medical exam is an integral part of the process and helps ensure that only healthy individuals can immigrate to Canada.
Police certificates are required for all sponsors and sponsored family members 18 years or older. They help to ensure that those coming to Canada do not have a criminal record that could make them ineligible for entry into the country. Police certificates can be obtained from the relevant authorities in the applicant’s country.
The process for obtaining a police certificate may vary depending on the applicant’s country. However, completing an application form and submitting it along with required documents, such as a passport or birth certificate, is usually necessary.
Once the application is received and processed, the RCMP will conduct a background check and issue a police certificate if everything is in order. The police certificate must be submitted as part of the sponsorship application.
While police certificates are not required for every family member being sponsored, they are an essential part of the process and help to ensure that those coming to Canada are admissible under Canadian law.
For sponsors in Canada, police certificates can be obtained from the Royal Canadian Mounted Police (RCMP).
Other Documents Needed
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.
Processing Fees for Family Sponsorship Applications
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
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.
Working in Canada While Your Permanent Residency is Processed
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.
Family Class Sponsorship Acceptance
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.
Family Class Sponsorship Rejection
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.
How IAS Can Help?
The Canadian Family Sponsorship Program is an excellent way for Canadian citizens and permanent residents with families living outside the country to bring them closer by sponsoring their immigration into Canada. It is an integral part of Canada’s commitment to promoting family unity, Canada’s economy, and community.
Eligible relatives include spouses, common-law or conjugal partners, dependent children, adopted children, parents, and grandparents. Under the Extended Family Sponsorship Program, certain other relatives may also be eligible for sponsorship. These include siblings, nieces and nephews, uncles and aunts, and cousins.
It is essential to make sure that both the sponsor and the sponsored person know the conditions attached to the sponsorship before beginning the application process.
The process can take several months and be complex, so patience and working with an experienced immigration firm that can help guide you through every step is essential. Once your relative has been approved, they will be able to join you in Canada and start building a new life together.
If you are interested in sponsoring someone for a Canada Immigration Visa or learning more about it, we encourage you to call us on +1 844 290 6312 to facilitate the process.
Last modified on August 25th, 2023 at 5:41 am
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