If you are Canadian citizen or permanent resident of Canada you may be eligible under the Family Class to sponsor your dependent children, parents and grandparents, and spouse or common-law/conjugal partner. Family Class applications are given priority over other immigration applications, because immigration Canada goal is to bring families together. If you like to sponsor a loved one under the Family Class as the Canadian citizen or permanent resident of Canada you have to meet certain requirements to be eligible as the sponsor and the applicant. Requirements under the Family Class differ depending which category the application is submitted under. This article will discuss the requirements the sponsor has to meet when filing a spouse or common law sponsorship, parent or grandparents sponsorship and dependent child sponsorship.
Spouse or Common Law Partner Sponsorship
The requirements you have to meet as the Sponsor include:
- Being 18 years of age or older
- Canadian citizen or permanent resident of Canada
- Not have criminal record or under a removal order
- Not have sponsored a spouse within the last 5 yearsThe Requirements you have to meet as the Sponsored Person (applicant) include:
- Being 16 years of age
- Not closely related by blood to the sponsorAnother important aspect of the sponsorship includes proving that the relationship falls under one the following categories spousal, common-law or conjugal sponsorship.
Spouse:
If you are applying under the spousal sponsorship category the sponsor and the sponsored person have to be legally married. If you got married in Canada, you need a marriage certificate from the province or territory you got married in. Same-sex marriages performed in Canada are also eligible under the spousal sponsorship, but if you got married outside of Canada then it must be recognized in the country the marriage took place and under the Canadian federal law. Same-sex marriage that took place outside of Canada have to apply under common-law or conjugal sponsorship as they do not qualify under spousal sponsorship.
Common-law partner:
To be eligible under the common-law sponsorship the sponsor and the sponsored person have to have lived continuously for one year together. If you have been apart from your partner due to business or family reasons than the absent period will not be counted towards your term.
Conjugal partner:
A conjugal relationship is a relationship in which you are essentially committed in a relationship but you and your conjugal partner cannot wed and cohabitate with you because of reasons that are beyond you and your conjugal partner`s control. Some examples would be immigration barriers or legal restrictions such as divorce or same-sex marriages are not recognized in your home country. Also, under the conjugal sponsorship the applicant and sponsor must have had for at least one year committed relationship as a marriage or common-law relationship. This can be shown through emotional ties, showing joint ownership of assets, demonstrating that either the sponsor or applicant has made efforts to spend time or reunite with one another.
Parent and Grandparent Family Class Sponsorship
If you like to get sponsored to Canada under the Family Class as the Parent or Grandparent the sponsor and the applicant have to meet certain requirements set by Citizenship and Immigration Canada (CIC). The applicants go through medical and criminal background checks to make sure they are not a risk to Canadian citizens. Therefore, the applicant has to provide medical examination report and police clearances from their home country. If you pose risk to Canadian citizens you will be denied entry into Canada
Requirements for the Sponsor:
- The sponsor has to sign a sponsorship agreement that they will take full responsibility to support the family member getting sponsored such as providing financial support.
- Signing a under taking
- Signing a sponsorship agreement in which the sponsor agrees to provide financial support to the applicant and other relatives joining them for period of 20 years.
- Meeting minimum income requirements as the sponsorRequirements for the Sponsored Person (applicant):
- The sponsored person must be the parent(s) or grandparent(s) of the sponsor
- Providing medical reports
- Providing police clearance certificatesParent and Grandparent Super Visa Sponsorship
Requirements for the Sponsor:
- You have to be the child or grandchild of the person getting sponsored
- You have to provide financial support and written statement will be required
- You have to meet the minimum income requirementsRequirements for the Sponsored Person (applicant):
- You have to be parent or grandparents of the person sponsoring you
- You cannot have any inadmissibility to Canada such as a criminal record
- You have to show medical insurance coverage for at least one year
- You have to complete a medical examinationDependent Child Sponsorship
Requirements for the Sponsor:
- You have to be 18 years or older
- You have to be a Canadian citizen or permanent resident of Canada
- You cannot have criminal charge, claimed bankruptcy or be on a removal order from CanadaRequirements for the Sponsored Person:
- You have to be younger than 19 year of age
- You cannot be a spouse or common-law partner
- You have been a full-time student before the age of 19 and been depended on financial support from your parents
- You got married before the age of 19 and have been attending school full-time since that time and are depended on parents for financial support since marriage
- You cannot support yourself due to physical or mental condition and are financially depended on parents
As the sponsored person you have to be either the biological child of the person sponsoring you or being the adopted child of the parent sponsoring you.
Who cannot Sponsor under the Family Class?
- You have not met the terms of the sponsorship agreement in the past
- You have not paid child support
- You are getting social assistance other than having a disability
- You are convicted a major offence such as violent crime or sexual offence
- You made threat (depends on type of offence and how long ago it occurred)
- You were sponsored in the past and become permanent resident less than five years ago
- You owe the government money or made late payments or missed payments
- You are in prison
- You claimed bankruptcy
Contact Akrami and Associates
Family Sponsorship is a vast immigration category. Today we have only touched on eligibility, but there are many other factors to consider. A successful application requires special attention and all of the requisite forms and documentation. If you would like to sponsor a family member to come to Canada, be proactive! Contact our experienced team of Canadian immigration lawyers and consultants today at 416-477-2545.
With Akrami and Associates there is always a way
