Family Sponsorship

We understand how to navigate Canada’s complex and ever-changing immigration laws. Sponsoring anyone is a complex legal process and you require to meet all the official requirements required by the Canadian government.

Who can You sponsor

• Your spouse

• Common-law partner

• Conjugal partner

• Dependent children

• Adopted children

• Parents

• Grandparents

• Other Relatives

Spousal / Common Law Partner / conjugal partner

Inland Sponsorship

Canadian Citizens and permanent residents who are currently living with their spouse in Canada can sponsor them through the inland spousal sponsorship route.

Individuals sponsored through this route can apply for an open work permit which enables them to work legally in Canada for any employer. However, they need to have a valid temporary resident visa (TRV) and live at the same address of their spouse.

Outside Canada Sponsorship

The outside Canada sponsorship route enables Canadian citizen and permanent residents to sponsor their spouse or common-law partner for permanent residence.

Individuals who are currently living in Canada can also apply through the outside Canada sponsorship route as it helps them to travel in and out of Canada while their application is being processed.

Conditions to be a Sponsor

To be eligible to sponsor your spouse or common-law partner, Canadian citizens and permanent residents must:

• Be at least 18 years old

• Be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act

o If they are a Canadian citizen living outside Canada, they must show that they plan to live in Canada when the persons they want to sponsor become permanent residents.

o They can’t sponsor someone if they are a permanent resident living outside Canada.

• Prove that they are not receiving social assistance for reasons other than a disability

• Sign and the person being sponsored require to sign a sponsorship agreement that requires you to provide their basic needs. The agreement also states that the person being sponsored will make strive to support themselves.

• Not have sponsored a spouse or common-law partner within the last five years

• Provide financial support for three years from the date they become a permanent resident

• Provide financial support for a dependent child for ten years, or until the child is 25 years old

• Not be in Prison, charged with a serious offence, or bankrupt

• Not have a deportation order (for permanent residents only)

Who You Can Sponsor

You can sponsor your spouse, common-law partner, conjugal partner or dependent children.

Your spouse

Your spouse can be either sex and must be:

• legally married to you

• at least 18 years old

Your common-law partner

Your common-law partner:

• isn’t legally married to you

• can be either sex

• is at least 18 years old

• has been living with you for at least 12 consecutive months, meaning you’ve been living together continuously for 1 year in a conjugal relationship, without any long periods apart

• Any time spent away from each other should have been

  • short

  • temporary

You’ll need to give proof of your common-law relationship

Your conjugal partner

Your conjugal partner:

• isn’t legally married to you or in a common-law relationship with you

• can be either sex

• is at least 18 years old

• has been in a relationship with you for at least 1 year

• lives outside Canada

• can't live with you in their country of residence or marry you because of significant legal and immigration reasons such as

• their marital status (for example, they’re still married to someone else in a country where divorce isn’t possible)

• their sexual orientation (for example, you are in a same-sex relationship, and same-sex relationships are not accepted, or same-sex marriage is illegal where they live),

  • persecution (for example, your relationship is between different religious groups which is not accepted and they may be punished legally or socially)

You’ll need to give proof that you could not live together or get married in your conjugal partner’s country (for example, proof of refused long-term stays in each other’s country).

Dependent children

Children qualify as dependents if they meet both of these requirements:

• they’re under 22 years old

• they don’t have a spouse or common law partner

Children 22 years old or older qualify as dependents if they meet both of these requirements:

• they are unable to financially support themselves because of a mental or physical condition

• they have depended on their parents for financial support since before the age of 22

With the exception of age, your dependent child must continue to meet these requirements until we finish processing your application.

If they qualify as a dependent child, you can sponsor

Your own child

• If you’re a Canadian citizen, your child may also be a Canadian citizen, even if they weren’t born in Canada. You can’t sponsor your child for permanent residence if they’re Canadian citizens already. Check if your child is already a Canadian citizen.

• If you’re sponsoring just your child, without sponsoring your spouse or partner, you’ll name your child as the principal applicant in the application. You’ll have to show that the other parent or legal guardian agrees to your child immigrating to Canada. See your checklist for what you’ll need to provide.

• If the child you want to sponsor has a child of their own (your grandchild), you’ll include your grandchild as a dependent in the application.

• If you want to sponsor your adopted child or an orphaned family member, follow the instructions to sponsor your adopted child or orphaned family member instead.

Your spouse or partner and their child

• If you’re sponsoring your spouse or partner and a child (either their own child or a child you’ve had together), you’ll name your spouse or partner as the principal applicant and the child as the dependent in the application.

• If the child you want to sponsor has a child of their own, you’ll include the grandchild as a dependent in the application.

Parents and Grandparents

You can sponsor either through the Parent and Grand Parent sponsorship program (PGP) or the Super Visa Program.

The PGP opens at the beginning of each year invites approximately 20,000 applicants every years on a first come, first served basis according to the Interest to Sponsor forms received. Once you receive an invitation, your sponsor needs to submit your application form.

To sponsor your parents and grandparents to become permanent residents of Canada, you must:

• support them and their dependents financially

• make sure they don’t need social assistance from the government

Minimum Income Required to sponsor

SUPER VISA

With the super visa parents and grandparents can visit family in Canada for up to two years without the need to renew their status.

The Super Visa is a multi-entry visa that provides multiple entries for a period up to 10 years. The Super Visa allows for a stay for up to two years at a time in Canada.

To be eligibile you must have a signed letter from your child or grandchild who invites you to Canada that includes:

• a promise of financial support for the length of your visit

• have medical insurance from a Canadian insurance company that is valid for at least 1 year from the date of entry

• at least $100,000 coverage

Adopted ChildREN

The child must be under 18 years old, have consent by both the child’s bnilogical parents, you have adopted the child legally outside Canada, and the requirements of the Haque Convention have been met.

Other

Brothers, sisters, nephew, nieces, granddaughter or grandson who are orphaned, who are below 18 years of age, and are not married or are in a common-law relationship

Eligibility of the people you’re sponsoring

To show they meet the eligibility requirements, your spouse, partner, dependent child and their dependent children (if applicable) must provide:

• all required forms and documents with their application

• any additional information we request during processing, including

• medical exams

• biometrics

Fees

Sponsor a spouse, partner CAD $1,050

• Sponsorship fee ($75), principal applicant processing fee ($475) and right of permanent residence fee ($500)

Dependent child CAD $150

• Sponsorship fee ($75) and processing fee ($75)

Parent or grandparent CAD $1,050

Biometrics fees

• Biometrics (per person) CAD $85

• Biometrics (per family) (2 or more people) CAD $170

Sponsorship Agreement

The sponsor has to support their spouse or dependent child financially in the event they cannot provide for their own needs. This is to make sure that the sponsored person will not require government assistance. The financial commitment varies on who is being sponsored.

• Spouse, common-law, or conjugal partner: 3 years

• Dependent child: 10 years, or when the child reaches age 22 (whichever comes first); 3 years for a dependent child over age 22.

• Parent or grandparent: 20 years

Medical exam

The sponsored person needs to submit the results of a medical exam at the time of application, including biometrics.

Police Certificates

The sponsored person and other family member over age 18 requires to submit police certificates from the country of their residence and any country where they lived for more than six months.

Who can become a sponsor

You can become a sponsor if you are

• at least 18 years old

• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.You can’t sponsor someone if you are a permanent resident living outside Canada.

• able to prove that you are not receiving social assistance for reasons other than a disability, and;

• can provide for the basic needs of any person you are sponsoring (and in some limited situations, that you meet the low-income cut-off).

  • Not have sponsored a spouse or common-law partner within the last five years

  • Provide financial support for three years from the date they become a permanent resident

  • Provide financial support for a dependent child for ten years, or until the child is 25 years old

  • Not be in Prison, charged with a serious offence, or bankrupt

  • Not have a deportation order (for permanent residents only)

HUMANITARIAN AND COMPASSIONATION CONSIDERATIONS

Eligibility

Individuals are eligible to apply for permanent residence from within Canada on humanitarian and compassionate grounds (H&C) if they:

• are a foreign national currently living in Canada

• need an exemption from one or more requirements of the Immigration and Refugee Protection Act (IRPA) or Regulations in order to apply for permanent residence within Canada

• believe humanitarian and compassionate considerations justify granting the exemption(s) you need; and

• are not eligible to apply for permanent residence from within Canada in any of these classes:

  • Spouse or Common-Law Partner

  • Live-in Caregiver

  • Caregivers: caring for children or people with high medical needs

  • Protected Person and Convention Refugees; and

  • Temporary Resident Permit Holder.

Spouse or common-law partner is a Canadian citizen or permanent resident

If their spouse or common-law partner is a Canadian citizen or permanent resident, their spouse or common-law partner can sponsor them. To do so:

• Use the application Applying for Permanent Residence from Within Canada - Spouse or Common-law Partner Class (IMM 5289).

• Use the Application for Permanent Residence From Within Canada – Spouse or Common-Law Partner in Canada Class (IMM 5289).

  Note: If their spouse or common-law partner cannot sponsor them, use this application.

  Note: Individuals are not required to have legal immigration status to apply for permanent residence in the Spouse or Common-Law Partner in Canada Class.

Non-eligibility

Individuals cannot use apply to be considered for H&C if they:

• are a Canadian citizen

• a permanent resident

• have submitted an H&C application for which a decision has not been made

• have an outstanding refugee claim

• became a designated foreign national within the last 5 years

Humanitarian and compassionate grounds

Individuals who wish to immigrate to Canada must apply for and obtain a permanent resident visa from overseas. Individuals cannot apply for permanent residence from within Canada if they do not meet the requirements of an in-Canada immigration class, or if they are otherwise inadmissible.

Individuals who are inadmissible or who are ineligible to apply in an immigration class, can apply for permanent residence, or for an exemption on humanitarian and compassionate (H&C) grounds.

Exemptions

To be considered for an exemption individuals need to:

• show in the application the specific exemption(s) being requested.

• provide all details related to their request including the reasons why they believe an exemption should be granted on H&C grounds.

• demonstrate that there are sufficient and compelling reasons for them to be granted an exemption allowing them to apply for permanent residence from within Canada.

Factors for consideration

Some of the factors that can be considered are:

• establishment in Canada

• an inability to leave Canada that has led to establishment

• ties to Canada

• best interests of any children affected by your application (see following section for more information)

• health considerations

• family violence considerations

• consequences of your separation from relative

• factors in your country of origin (not related to seeking protection)

• any other relevant factors you wish to have considered that are not related to seeking protection.

Best interests of the child

Some of the factors related to the best interests of the child are:

• age of the child

• child’s establishment in Canada

• conditions in the country of origin that could impact the child

• medical needs of the child

• child’s education, or

• child’s gender

Note: The best interests of a child do not outweigh all other factors in a case. The best interests of the child is one of many factors that is taken into consideration.

Sponsorship/ undertaking assistance

IRCC has stopped assessing sponsorship undertakings in support of an in-Canada H&C application. Sponsorships already submitted will continue to be considered as a factor in the assessment of an H&C application similar to letters submitted by family members confirming their ability to support the individual. The level of importance given to the sponsorship/letters confirming ability to support in the overall H&C application remains at the discretion of IRCC.

Biometric (fingerprints and photo) requirements

Individuals need to appear in person to have their fingerprints and photograph (biometric information) taken at a biometric collection service point.

Biometrics can be given after:

• paying for and submiting the application and biometric fees, and

• get a Biometric Instruction Letter (BIL) which will direct the individual to a list of biometric collection service points they can choose from

• Individuals need to bring the BIL with them to the biometric collection service point to give their biometrics.

Where to give biometrics

Individuals need to book an appointment to give their biometrics at one of these official biometric collection service points.

Medical requirements

Individuals need to pass a medical exam in order to become a permanent resident of Canada. They cannot have a condition that:

• is a danger to public health or safety, or

• would cause excessive demand on health or social services in Canada.

Processing Time

Once your application is submitted H&C applications normally take approximately 24 – 36 months to process. Depending on your case, it can take longer at times.

During the time of the application process, you will be able to remain in Canada as you await a decision on your case. However, it is recommended not to travel outside of Canada as you can be called for an interview, and at time to provide additional information/documentation.

Once my application is approved

If your application is accepted and approved you can now become a permanent resident in Canada. You need to have a medical exam and obtain police clearance. When you provide this information you will be given your Canadian Permanent Residence Card (PR Card).

If my application is refused

If the event your application is refused you can appeal to the Federal Court of Canada. You will have 15 days to file a judicial review leave application to the Federal Court. You require an immigration lawyer for advocacy as thiss is a complex process.

How we can help

• You can be rest assured that we will process your application with utmost care and attention.

• We will work with your to make sure all documentation shows the IRCC officer that your marriage is genuine.

• We have the knowledge and expertise of submitting a thorough and complete application.

• Make sure that your application is complete and correct before submission and meets IRCC requirements.

• Your file is prepared and presented professionally.

Do you have questions? Contact us today and we will get back to you within 24 hours.