Family Sponsorship Canada for spouses and common-law partners, parents and grandparents, dependent children, and other relationships under Provincial Family Class Sponsorship programs. For parents and grandparents, there is also the Super Visa immigration program. Sponsor your wife, husband, child, grandfather, grandmother. Spouse or a Canadian citizen or permanent resident may qualify for open work permit under the in-Canada spousal sponsorship.
Family Sponsorship Canada Visa
Family Sponsorship Sponsorship Categories
- Spouse, wife , husband and common-law Sponsorship
- Parents and grandparents Sponsorship
- Dependent and adopted children Sponsorship
The Spousal Sponsorship Category
The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner for Canadian permanent residence.
Both the Canadian citizen or permanent resident (also called the 'sponsor') and the foreign national (the 'sponsored person') must be approved by Immigration, Refugees and Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.
In order to receive a visa through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories:
- Common-law Partner
- Conjugal Partner
NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under any of the above three categories, provided they meet all eligibility requirements.
To learn more about eligibility requirements for the sponsor and sponsored person, click here.
An Outland application is generally pursued when the sponsored partner is living outside of Canada. However, Outland applicants can still be in Canada and apply through the Outland program, and may be permitted to travel in and out of Canada throughout the application process. Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year.
To learn more about Outland sponsorship, click here.
The other potential option for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing him or her to work for any employer in Canada while the sponsorship application is being processed.
To learn more about Inland sponsorship, click here.
Permanent residence granted under the Spousal Sponsorship program carries certain conditions that must be met:
- The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
- Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian permanent residence.
What is a Family Sponsorship?
Family Sponsorship, under Canada’s immigration legislation contains different categories such as family sponsorship, skilled worker and investor under which prospective immigrants can apply for Canadian permanent resident status. Under the Immigration and Refugee Protection Act (IRPA), examples of individuals who can be sponsored under the family class Family Sponsorship, include a spouse, common-law or conjugal partner, parents, grandparents and dependent children. There are specific requirements for each of these categories of individuals that can be sponsored.
There are rules governing family class sponsorship such as rules about co-signors, financial requirements of sponsors, the length of the sponsorship undertaking as well as responsibilities of the sponsors. There are also different sponsorship processes which apply to applications made from within and those made from outside of Canada. An appeal process is available for sponsorships that are refused. Appeals must be made within the proscribed time limit.
Who Can Sponsor - Family Sponsorship
To be a sponsor, you must be:
- A citizen or permanent resident of Canada, and at least 18 years old.
- Living in Canada and will continue to live in Canada (with certain exceptions).
- Financially eligible to qualify. Processing fee apply for each sponsorship.
Also, Co-sponsor should meet these requirements all together for their salary to be considered in the sponsorship application.
On the off chance that the sponsor is confronting any of the procedures recorded underneath, the preparing of the sponsorship application could be suspended until there is an official conclusion on the procedure:
- Sentenced an offense bringing about substantial mischief under the criminal code against a rundown of relatives is banned from sponsorship.
- Accused of a criminal offense that is deserving of a greatest term of detainment of no less than ten years.
- Canadian citizen or permanent resident status is being explored and might be disavowed.
- Permanent resident status has been renounced and denial is being claimed.
- Subject of a certificate signed by the Minister of Citizenship and Immigration and Solicitor General of Canada expressing that the support is forbidden on grounds of security, human or international rights infringement, genuine guiltiness or sorted out culpability.
Who Can’t Be Sponsor - Family Sponsorship
Individuals may not qualify to be a sponsor under the Family Sponsorship if certain criterion applies to them such as, if the sponsor:
- Has bowed out of all financial obligations which has not been released, and is detained.
- Is liable to an expulsion arrange, and in receipt of social help for reasons other than a disability.
- Has been indicted under the Criminal Code, and not paid monies attributable to immigration authorities.
- Defaulted on a past sponsorship assertion and brought on the supported individual to swing to the administration for social help.
- Defaulted on any court requested bolster installments.
- A formerly sponsored spouse or partner cannot sponsor a new spouse or partner within five years of becoming a permanent resident, even if the previously sponsored spouse secures Canadian Citizenship amid this five-year time frame.
Who Can Be Sponsored under the Family Sponsorship
- Spouse who is legally married to sponsor or Common-law partner of the sponsor who is 16 years old or more, and is a person of a similar or inverse sex who has lived with the sponsor in a spousal/ marital relationship for at least one year.
- Parents and grandparents of the sponsor.
- Marital partner of the sponsor who is 16 years old or more, and is a person of a similar or inverse sex living outside of Canada who has been in a matrimonial relationship with the sponsor for no less than one year and where marriage or dwelling together is not physically conceivable because of boundaries, for example, lawful hindrances to marriage considering sexual introduction or social reasons.
- Kids the sponsor plans to adopt who are under 18 years old, and never married.
- A relative of all ages or relationship if the sponsor does not have a living life with Spouse or Common-Law partner, Conjugal partner, Kids, Parent, Grandparent, Kin, Uncle, Auntie, Nephew or Niece who could be sponsored under the Family Sponsorship as an individual from the family, or who is a Canadian citizen or a permanent resident of Canada.
- Brothers, sisters, nephews/nieces or grandchildren of the sponsor who are under 18 years old, stranded and who are unmarried and not a precedent-based law accomplice.
- Dependent kids who are either the sponsor's natural kids who have not been adopted by some other people other than the life partner or common-law partner of the sponsor, or the sponsor’s legally adopted kids, who are under 19 years old, unmarried and not a common-law partner, or 19 years old or more established who depend generously on the financial support of parents since before the age of 19 due to a physical or mental condition.
For the situation where the sponsor's income is inadequate, the sponsor's spouse or common-law partner (who has lived with the sponsor no less than one year) can together sign the sponsorship application. The co-signer should be:
- A Canadian citizen or permanent resident of Canada, and no less than 18 years’ old.
- Live and will keep on living in Canada.
- Meet the same requirements of sponsors as mentioned previously.
Financial Requirements of Sponsors under the Family Sponsorship
If the individual being sponsored is a spouse, common-law or conjugal partner or dependent kids under 19 years old without offspring of their own, the support does not need to meet the LICO prerequisites. Nevertheless, the sponsor still can't be in receipt of government social help unless for incapacity reasons.
Family Sponsorship uses of parents, grandparents, and the dependents of the parents or grandparents, the income of the sponsor each of the three years before the date the application was submitted must meet the low-income cut-off (LICO) in addition to 30%. The LICO sum is reconsidered every year, and for all different classifications of sponsorship applications, the income of the sponsor must meet the LICO necessity in the previous 12 months preceding the date the application is gotten.
The LICO sum the sponsor must have is depend on the quantity of people in his own family, the quantity of relatives who are being sponsored and the quantity of people incorporated into past sponsorship endeavors which the support has marked or co-signed and which are still effect. The low-income cut-off chart is incorporated into the sponsorship application manage.
In evaluating whether the sponsor has met the base important income necessity, Canada Movement will just take a gander at the support's Notice of Appraisal issued by the Canada Income Office for the three years going before the application date.
The financial assessment form in the sponsorship application contains a point by point breakdown of what can be incorporated as income. Cases of income incorporate wages, self-employment income, lease, pension wage, uncommon work protection advantages, for example, maternity, parental and ailment benefits, maturity security supplement sums, business and investment income.
Length of Sponsorship Undertakings:
If the sponsored person is a spouse, common-law partner, conjugal partner or dependent kids over 19 years old, period is three years from the date the individual enters Canada to stay here as permanent resident.
If the sponsored person is a dependent kid under 19 years old, the sponsorship legitimacy period is ten (10) years from the date of landing or until the youngster turns 19, whichever comes first.
For parents, grandparents, and any accompanying dependents of the parents and grandparents, the sponsorship legitimacy period is twenty years from the date they enter Canada to stay here as permanent residents. This length of sponsorship undertaking just applies to applications got on or after January 2, 2014. For applications endorsed before January 2, 2014, the sponsorship legitimacy period is ten years from the date they enter Canada to stay as permanent residents.
For all other relatives, the sponsorship legitimacy period is ten years from the date of landing.
The sponsorship agreement that a sponsor/co-signer signs with Immigration Canada is a legitimately restricting report. The sponsor bears full financial responsibility for the sponsored person; this includes meals, accommodation and other living needs. To what extent the sponsorship agreement stays basically relies on upon the relative that is being sponsored.
The sponsorship agreement must be signed by the sponsor, co-signer and the sponsored person. This report affirms that they know the rights and duties connected with the sponsorship and must be incorporated into the sponsorship application.
Conditional Permanent Residence for Spousal Sponsorship
Any sponsorship submits after October 25, 2012 for spouses, common-law or conjugal partners who are in a relationship of two years or less with their sponsor and have no Kids in a similar manner as their sponsor at the time of sponsorship application are liable to a 2 years’ time of restrictive perpetual habitation. The sponsored spouse or partner must co-habit in a conjugal relationship with their backer for a time of two years in the wake of accepting lasting occupant status. If this condition is not met, changeless habitation status could be repudiated and a request for expulsion from Canada might be issued. Some exception connected for family viciousness, disregard or passing of the sponsored.
A- Sponsorship Application from Outside of Canada
The sponsorship application units consist of forms the sponsor needs to finish as well as forms the applicant(s) need to finish. Once the application unit is finished and signed, it is sent to the Case Processing Center in Mississauga (CPC Mississauga). CPC Mississauga's capacity to be ensure the greater part of the essential structures have been finished and that the support is qualified to support. On the off chance that the sponsor is not fit the bill to sponsor, the application charge short $75.00 will be come back to the support unless the support has shown an expectation to proceed with the application if he/she is regarded not met all requirements to do as such. On the off chance that the sponsorship passes CPC Mississauga's screening, or if the support requests that proceed with the procedure, it will exchange the structures to the visa office abroad which oversees handling movement applications for the nation where the candidate dwells.
Once overseas, the visa office will keep on processing the application to fulfillment. This for the most part includes surveying the realities of the case in detail, requesting any missing supporting records, considering the therapeutic examination comes about for the candidate and finishing criminal checks. The candidate may likewise be requested that go to a meeting at the visa office if the visa officer chooses they have inquiries regarding the sponsorship. With marriage or common-law relationship, the visa office may at times presume the marriage or relationship is not certified. It is important to get ready well for this meeting. Frequently, the visa officer will make inquiries in a cross examination like way which might be exceptionally scary. Be set up to answer inquiries, for example, how much the candidate thinks about the support's life in Canada, any past connections and insights about the support's character and the romance. The visa officer is searching for and itemized reactions instead of general explanations since points of interest demonstrate the candidate knows about the sponsor. The visa officer will likewise be coordinating the reactions given at the meeting with the data recorded on the application shapes, especially the candidate's and sponsor's marriage and precedent common-law surveys. Along these lines, the data given in the application ought to be far reaching, intelligent, predictable and definite. Supporting archives which set up recurrence of contact between the support and candidate ought to be given to the visa office. This data incorporates telephone charges, messages, letters and the envelopes demonstrating the stamp date, long separation telephone cards, welcoming cards, photographs, cash settlement receipts and plane tickets.
If most the procedural prerequisites are met, then the candidate will be informed that they can be conceded changeless inhabitant status and will be issued a Confirmation of Permanent Residence shape. At the point when the candidate touches base in Canada, the port-of-section movement officer will confirm the data on the shape and afterward permit the candidate to enter Canada. The candidate needs to give a postage information to the port-of-section officer because a perpetual inhabitant card will be sent to the candidate inside 4-5 weeks of the date of landing. The Applicant can work and study in Canada after he or she is landed. Spouses and common-law partner’s sponsorships are given need at visa workplaces and the handling times for these applications is fundamentally shorter than for different sorts of uses, for example, gifted specialists. On the off chance that amid the preparing of the application, issues emerge or the application is cannot, it is best to look for assistance from an accomplished movement attorney or legitimate facilities as quickly as time permits because there may be due dates for recording reports or offer takes note.
B- Sponsorship In Canada for Spouse or Common-Law Partner Class
If a sponsor has a spouse, common-law partner or dependent kid who is in Canada, an inland sponsorship can be submitted under this Class. The application bundle contains a spousal, custom-based law partner or matrimonial accomplice poll which requires the support and candidate life partner/accomplice to give points of interest of their relationship. These forms should be filled out carefully and in however much detail as could reasonably be expected. Moreover, any supporting archives to prove the validity of the relationship should be submitted with the application. Approval of the application normally relies on upon whether Canada Immigration chooses the relationship among support and the candidate is genuine. On the off chance that the application gets endorsement, the candidate can apply for a work allow or think about allow while Canada Immigration wraps up the application. These grants ought to be reached out until the candidate gets his or her perpetual occupant status.
After the candidate passes the medical examination, he/she is qualified for medical coverage benefits in Ontario (OHIP). After getting permanent resident status, the candidate can legitimately work and study in Canada and keep on being qualified for OHIP scope.
C- Humanitarian and Compassionate applications
This kind of uses is utilized by the individuals who don't fit the bill to apply under the In-Canada Spouse and Common-Law accomplice class and don't fit the bill to apply for arriving under whatever other migration classification. Cases of individuals who could make a humanitarian and compassionate application incorporate, failed refugee claimants who have been in Canada for various years and who have built up themselves in Canada or a parent who comes to Canada to visit their kids however for different reasons they and their kids would confront incredible hardship if isolated.
Keeping in mind the end goal to have an effective H&C application, candidates need to fulfill Canada Immigration that their own conditions are to such an extent that they would confront surprising, undeserved and lopsided hardship if compelled to get a changeless inhabitant visa from outside of Canada. The candidates should submit however much data as could reasonably be expected to demonstrate this hardship. H&C applications are more mind boggling and more subjective than most other migration applications because the movement officer is offered watchfulness to measure the greater part of the realities of the case in landing at the choice.
Factors the immigration officer will look at when settling on a choice incorporate time allotment in Canada (the more drawn out the better), foundation in Canada, whether powerlessness to leave Canada was outside candidate's ability to control, stable business history (i.e. enduring salary). Canadian employment aptitudes, English or potentially French dialect abilities, mix into group through association with group, social and religious associations and humanitarian effort, close relatives in Canada, whether candidate has carried out any wrongdoings amid his/her time in Canada, budgetary foundation in Canada (i.e. bank reserve funds, RRSPs), hardship on relatives in Canada if candidate somehow managed to need to leave Canada, and the best advantages of kids that will be influenced by expulsion from Canada.
H&C applications are chosen in a two-section evaluation handle. The initial segment of the appraisal is to figure out if the actualities of the case warrant giving an exclusion from the customary Immigration governs and permitting the candidate to apply for arriving from inside Canada. The second part is to figure out if the candidate meets the criminal, security and therapeutic prerequisites which all lasting inhabitant candidates must meet before being permitted to move to Canada. On the off chance that there is a positive initial segment choice, the candidate will be qualified to apply for a work allow as well as understudy allow while he/she holds up to be landed.
Simply presenting a H&C application does not stop or stop any expulsion activity which Canada Immigration may take against the candidate, if he or she has no status in Canada. Canada Immigration can at present expel the candidate from Canada if the H&C application has been submitted however not yet chose. Candidates who are confronting evacuation ought to contact a legitimate center or movement attorney as quickly as time permits. Having a supporter for a H&C application is exceptionally useful yet is a bit much. On the off chance that for example, parents are in Canada to be with their kids and the kids can support, the kids can finish a sponsorship application and submit it alongside the guardians' H&C application. Having a sponsorship is a positive element however the officer will at present need to take a gander at all the conditions of the case. As Canada Immigration, will settle on its choice construct principally considering the data submitted, look for the guidance of a migration legal counselor or lawful facility while finishing the application unit.
Sponsored immigrants and Social assistance
sponsored immigrants won't be denied of social help because of their sponsored status. As per the present law in Ontario, sponsored migrants applying for social help must keep on seeking money related help from their support. If they don't look for monetary help from their sponsor, their social help application could be denied. Notwithstanding, if the sponsor is not willing to give any support, the sponsored foreigner should be qualified for social help.
Recovering social assistance payments from the sponsor
If a sponsored immigrant applies for social help amid the sponsorship time frame, the Ministry of Community and Social Services (MCSS) will recoup the sum paid to the sponsored foreigner as social help from the sponsor paying little heed to the sponsor’s financial situation. MCSS will likewise tell Canada Immigration of the sponsor's rupture of the sponsorship undertaking so that the sponsor is kept from sponsorship any other person until the obligation that is owed is reimbursed.
A- If sponsorship termination happens before immigrant status is granted:
Sponsorship end may happen when the relationship between the sponsor and the sponsored individual (candidate) separates. If the support chooses to pull back their sponsorship, it is critical for the candidate in Canada to counsel a migration legal advisor or lawful guide facility since Immigration Canada may then end its handling of the sponsorship application and the candidate may need to leave Canada. The candidate can in any case apply for perpetual occupant status considering helpful and humane grounds even though the sponsorship has been ended because the sponsorship may have been ended because of the candidate being liable to physical, sexual or mental manhandle from the support. Different elements which might be incorporated into the application could be the candidate's joining into life in Canada after a drawn-out time here, Canadian work and dialect abilities, relatives in Canada and best advantages of any kids influenced by the end of the sponsorship.
B- If sponsorship termination happens after permanent resident status is granted:
If the relationship between the sponsor and sponsored person individual separates after the sponsored individual has been conceded permanent resident status, this status won't be influenced regardless of the possibility that the sponsor reports the end of their relationship to Immigration Canada. Nonetheless, in specific conditions, if Canada Immigration chooses the supported individual distorted material realities to Canada Immigration with a specific end goal to procure lasting inhabitant status, implementation activity against that individual will be initiated which could eventually prompt to the expulsion of that individual from Canada. Anybody in this circumstance ought to counsel a movement legal counselor or legitimate facility.
If Canada Immigration rejects the sponsored individual's movement application, the sponsor has the privilege to record an interest. The interest must be documented inside 30 days of getting the choice to the Appeal Division (IAD) of the Immigration and Refugee Board. The IAD can topple the first choice. Canada Immigration will furnish the sponsor with the refusal letter along and the interest frame and the address of the Immigration Appeal Division. As the interest, can include complex lawful issues, a movement legal advisor or legitimate guide center ought to be counseled before the interest. On the off chance that the interest is expelled, the support can apply to the Federal Court of Canada for a legal audit of IAD's choice.
If sponsorship application was rejected in light of the fact that the candidate or sponsor has perpetrated a genuine criminal offense (wrongdoing in Canada with at 6 months or a greater amount of detainment or conviction of a wrongdoing outside of Canada and the remote conviction or criminal act conveys a most extreme sentence of 10 years or more under Canadian law) or took part in sorted out wrongdoing, damaged human and global rights or debilitated national security, the support can't speak to the IAD and should specifically apply for legal audit to the Federal Court.
For more information about the appeal process, please refer to the brochure entitled Immigration Appeals Rights.
The fees for applications made inside and outside of Canada are as follows:
|Sponsorship application||$ 75.00|
|Principal Applicant||$ 475.00|
|Principal Applicant if under 19 years of age, never married, and not in a common-law relationship||$ 75.00|
|Each accompanying family member listed in application under or over 19 years of age who is married or in a common-law relationship||$ 550.00|
|Each accompanying family member under 19 years of age who has never married and is not in a common-law relationship||$ 150.00|
|Right of Permanent Residence Fee for principal applicant or accompanying family member who is not a dependent child of the sponsor or principal applicant or a child to be adopted by the sponsor or an orphaned brother, sister, nephew, niece or grandchild of the sponsor||$ 490.00|
If the sponsor notifies Canada Immigration that he/she wishes to cancel the sponsorship application before any processing has be done on the application, the full processing fee paid minus the $75 sponsorship application fee will be refunded. The right of permanent residence fee which the principal applicant and accompanying spouse or common-law partner must each pay can be paid at the time of application or right before the immigrant visa is to be issued. If the sponsorship application is denied, this fee will be refunded in full.