Family Sponsorship
One of the objectives of the Immigration Law in Canada is the reunification of family members, hence the sponsorship of a Spouse or a Common-law partner has processing priority compared to other permanent residence programs. There are two types of programs that cover this subject:
Inland Sponsorship
Overseas Sponsorship
Each type of application has its advantages as well as disadvantages. It is the applicant and the sponsor who need to discuss and find out which program best suits their needs.
Dependent Child Sponsorship
As of October 24, 2017, the definition of “dependent child” under section R2 of the Immigration and Refugee Protection Regulations IRPR states that a child must be in one of the following situations:
under 22 years of age and not a spouse or common-law partner
22 years of age or older, have depended substantially on the financial support of the parent since before the age of 22 and be unable to support themselves financially due to a physical or mental condition (it is the financial dependency that must have been ongoing since before the age of 22. It is not necessary for the physical or mental condition to have existed before the age of 22.)
Dependent children who do not have a physical or mental condition must remain unmarried and not in a common-law relationship for the duration of the processing, up until the point of becoming a permanent resident.
A dependent child is either a biological child or an adopted child of a parent.
Other Family Member Sponsorship
You can only sponsor relatives like a brother, sister, aunt, or uncle in very specific situations.
Orphaned brother, sister, nephew, niece or grandchild
You can sponsor an orphaned brother, sister, nephew, niece, or grandchild only if they meet all of these conditions:
they’re related to you by blood or adoption
both their mother and father passed away
they’re under 18 years of age
they’re single (not married or in a common-law or conjugal relationship)
You can’t sponsor your brother, sister, nephew, niece or grandchild if:
one of their parents is still alive
no one knows where their parents are
their parents abandoned them
someone else other than their parents is taking care of them while one or both their parents are alive
their parent is in jail or otherwise, detained
Other relative
You may sponsor one relative, related by blood or adoption, of any age, if you meet all of these conditions:
you (the person who wants to sponsor your relative) don’t have a living relative you could sponsor instead, such as a:
spouse
common-law partner
conjugal partner
son or daughter
parent
grandparent
orphaned brother or sister
orphaned nephew or niece
orphaned grandchild
you (the sponsor) don’t have any relatives (aunt or uncle or any of the relatives listed above), who is a:
Canadian citizen
permanent resident
registered Indian under the Indian Act
If the relative you want to sponsor has a spouse, partner, or dependent children who will come with them to Canada, you must include them on the same sponsorship application.
Parents / Grandparents Sponsorship
This stream allows Canadian citizens and permanent residents to sponsor their parents and/or grandparents so they can join them and stay in Canada permanently. While the program used for in the years 2017 and 2018 a lottery system for selection, starting 2019, the first-come, first-served technique is used.
Individuals who are interested in sponsoring their parent(s)/grandparent(s) first submit an Expression of Interest (EOI), then when invited, they can proceed with submitting the permanent residence application.
There are specific eligibility criteria that need to be met by the Sponsor as well as the sponsored for the application to be accepted. For example, the sponsor must meet specific income criteria, sign an undertaking for a 20-year period, and be:
A Canadian citizen or permanent resident living in Canada
At least 18 years of age
The child or grandchild of the sponsored person(s)
Another option that is available in the Super Visa. This does not qualify the sponsored person to apply for the permanent residence, but it allows multiple-entry to Canada over a 10-year period without the need to apply for several visitor visas.
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