Who can apply under the family class?




Family Class Sponsorship

Do you have loved ones abroad and like to reunite with your family members to Canada? If so, you may do so under the family class sponsorship. Immigration Canada believes in reuniting and keeping families together. To be able to sponsor a loved one to Canada they have to fall under the family class. Individuals that fall under the family class include spouses, common law or conjugal partner, dependent children and parents or grandparents. This article will discuss different classes of sponsorship and basic requirements you need to meet to be eligible under the family class sponsorship. Read our article below to find out who can apply under the family class.

Who Can I Sponsor to Canada?

Under the Family Class, you can sponsor a spouse, common-law or conjugal partner, dependent child and parents or grandparents. Every individual who is being sponsored must meet the eligibility requirements. In order to sponsor a family member they have to get their medicals, criminal and background checks done. Anyone with inadmissibility issues to Canada have to overcome their inadmissibility prior to submitting a sponsorship application.

Sponsoring Spouse to Canada through Inland Application

Inland sponsorship is when a couple are together while in Canada because the foreign spouse has temporary status in Canada. Inland sponsorship can take up to three years to process. Inland sponsorship is only available if the sponsored spouse is physically in Canada. One of the benefits of inland sponsorship is that the sponsored spouse is entitled to an Open Work Permit after the application has been received for an approval. If the spouse being sponsored on an inland application leaves Canada before the permanent resident visa issued, he or she may be denied re-entry as a visitor.

Sponsoring Spouse to Canada through Overseas Application

Canada immigration system strongly supports family reunification. If your spouse is outside of Canada you can submit an overseas application. Overseas sponsorship is when the Canadian Citizen or Permanent Resident applies to sponsor a spouse who is not currently residing in Canada. The advantage of sponsoring someone from overseas is that is processed faster when compared to inland sponsorship. Most overseas application when filed at the visa office abroad are processed less than a year, some offices process even faster as little as 3 months depending on your country of citizenship. The down side of overseas application would be being distant from your spouse or partner until the application gets approved and you are not able to apply for the open for permit for your spouse. The applications are processed through the visa office that serves the applicant’s country of origin, or where they have lived legally for at least one year.

Dependent Children

Dependent child includes children who are under 22 years of age and not a spouse or common-law partner, or who are 22 years of age or older and dependent on a parent either because they are a full time student or they have a physical or mental condition. If your spouse has dependent children, they must be included in the PR application, even if they are not coming to Canada to avoid problems in the future when you do decide to sponsor them.

Sponsoring a Conjugal Partner

Conjugal partners means, in relation to a sponsor, a foreign national residing outside of Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least on year. This category is intended for partners where neither common law partners status (unable to live together continuously for at least 1 year) nor marriage status is possible (usually because of a marital status or sexual orientation combined with an immigration barrier).

What is considered a Conjugal Relationship?

Conjugal relationship’s characteristics must be present in married & unmarried couples.

  • Mutual commitment to a shared life
  • Exclusive- only one conjugal relationship at a time
  • Intimate- commitment to sexual exclusivity
  • Interdependent- physically, emotionally, financially, socially
  • Permanent- long- term, genuine, continuing relationship
  • Present themselves as a couple
  • Regarded by other as partners
  • Caring for children together (if there are children)

What is Common-Law Partner?

Common Law Partner means you are in relationship with your partner by living together for period of one year without being absent from each other for long period of time. The separation time from your partner should be short and only for temporary basis such as traveling for business, family emergency, wedding etc. Common Law Partner is applied for both opposite sex, and same sex couples. Again the couple must have been living together in a conjugal relationship for at least one year in an ongoing 12-month period. Sponsors must meet the same eligibility requirements as in the Family Class program. All applicants must meet the same eligibility requirements as in the Family Class program and must reside in Canada with sponsor.

Basic Sponsorship Requirements:

  • Must be at the ages of 18 and older.
  • Must be a citizen or permanent resident of Canada.
  • Must fall under the Family Class.

People who cannot sponsor:

  • If you are under the required age
  • Did not meet past sponsorship agreement terms
  • Convicted of violent crime or sexual offence
  • Have not paid alimony or child support that was ordered by the court
  • You are friend or distant relative (they can apply for visitor visa to Canada)
  • Became a permanent resident less than 5 years ago through sponsorship
  • Owe money to the government
  • Claimed bankruptcy

Basic Requirement under the Family Class

  • Members of the family class and their family members must meet the following requirements:
  • Have an eligible relative or, spouse, common-law partner or conjugal partner in Canada who meets the requirements for sponsorship
  • Prove their identity, age, and relationship among themselves and to their sponsor
  • The applicant and family members must not be described in any of the inadmissible classes
  • They must have valid and subsisting passports or travel documents

Can I sponsor my husband or wife if I have a criminal record?

You will not be eligible to sponsor if you were convicted of an offence of sexual nature, a violent crime, an offence against relative that resulted in bodily harm or an attempt or threat to commit any such offences, depending on the details of the case you may be able to overcome your inadmissibility. Therefore, it is best to seek the advice of immigration lawyer and allowing them to analyze your case and determine the options available to you.

Contact Akrami and Associates:

Submitting a sponsorship application is not an easy process as the immigration officers look for substantial supporting documents from the applicant and the sponsor to demonstrate the relationship is genuine. Smallest errors on the application can be send back to you and delay the process. Therefore it is recommended to go with an immigration law that has experience with submitting strong sponsorship applications. This is where Akrami and Associates comes in, our immigration lawyers have filed many successful application and have re-united loved ones together. Contact Akrami & Associates today at +1. 416.477.2545 that is located on 4275 Village Centre Court, Suite L02, Mississauga, and Ontario, Canada.

With Akrami and Associates there is always a way!!