Family Class
Family reunification is one of the 3 pillars of the Canadian immigration system. This is an important factor, as our country's long-standing tradition of bringing family's back together, allows both recent immigrants and long-established Canadians to reunite with their loved ones.
Under the family class, sponsored persons include spouses, common-law partners, conjugal partners, dependent children, parents, grandparents, adopted children and other relatives in special circumstances.
Spouses and Dependent Children
There are 2 categories when it comes to sponsoring your spouse or partner:
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sponsoring from outside of Canada - they can be your spouse, common-law partner or conjugal partner
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sponsoring from inside of Canada - they must be either your spouse or common-law partner
What is a spouse
In Canada, the minimum age for marriage is 16 and if one or both spouses are between the age of 16 and the provincial or territorial age of majority, parental consent is required. For the purpose of a sponsorship application, both spouses must be at least 18 years of age at the time their application is submitted, otherwise, they will not be considered members of the family class.
Marriage in certain cases is prohibited by federal law in Canada. For example, In the following instances, the marriage would be considered invalid and the sponsor and sponsored person would not be considered members of the family class:
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grandfather and grandmother
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father and mother
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brother and sister
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half-brother and half-sister
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son and daughter
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grandson and granddaughter
For the purpose of Canadian immigration, proxy marriages are no longer recognized. Both parties must be physically present at their marriage ceremony in order for the marriage to be recognized. The only exemption to this is for Canadian Armed Forces Personnel.
What is a common-law partner
Common-law partners are those who have resided together for a minimum of 12 months as conjugal partners. This means that the couple residing together must be cohabitating - combining their affairs and building a household together.
While cohabitation must be continuous, it is possible for the couple to live apart for short periods of time due to employment obligations, education circumstances, adverse country conditions, etc.; however, these periods cannot be lengthy and it is still the responsibility of the applicant and sponsor to prove that they have resided together for at least one year continuously in the past if their application is submitted while they are not residing together. There is also a requirement to show that both parties are continuing the conjugal relationship even while being separated physically.
What is a conjugal partner
If you are in a conjugal relationship, your partner:
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is living outside of Canada
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is someone whom you have been in a relationship with for at least 12 months
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has not been able to reside with you because of reasons beyond their control (i.e. an immigration barrier, religious reasons, sexual orientation, etc.)
You and your partner must be:
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significantly attached to one another (i,e. both a physical relationship and a mutually interdependent relationship)
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in a genuine relationship for at least one year where marriage or cohabitation has not been possible
What is a dependent child
A dependent child is defined as:
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under the age of 22 and not a spouse or common-law partner
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over the age of 22, has had substantial financial dependence on the parent since before the age of 22 and is unable to support themselves financially because of a physical or mental condition
Further requirements include that the dependent child is either the biological or adopted child of the parent. This includes a child born through assisted human reproductive technologies.
Inland sponsorship and open work permits
If the sponsored person is a spouse or common-law partner and is residing in Canada at the time of their application, they are also eligible to obtain an open work permit. This means that an open work permit application can be submitted with their permanent residence application, and they will be granted a work permit while their permanent residence application is still in processing. This cannot be done for spouses or common-law partners who are not in Canada at the time of their application.
Sponsor eligibility
In order to meet the eligibility requirements to sponsor a spouse or partner, you must:
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be18 years of age or older
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be a Canadian citizen, permanent resident, or registered Indian under the Canadian Indian Act
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be residing in Canada, or have plans to return to Canada permanently as soon as your spouse or partner becomes a permanent resident
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prove that you are not receiving social assistance, unless it is for disability
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show that you can provide financially for your spouse or partner and their accompanying family member(s)
If you were sponsored by a spouse or partner, becoming a Canadian permanent resident less than 5 years before applying to be a sponsor, or if you are still financially responsible for a previously sponsored spouse or partner, you will not be eligible as a sponsor.
Undertakings
One of the requirements for all potential sponsors, is that they must submit a sponsorship agreement and undertaking with the application, wherein they agree to financially support the person they are sponsoring and any potential family members of that person who may be accompanying them. This is also an agreement to repay any social assistance granted to the sponsored person during a certain period of time.
An undertaking cannot be terminated. It is important to note that the sponsor will continue to be financially responsible for the sponsored person(s) even if:
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the relationship between them and the sponsored person changes
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the sponsored person becomes a citizen of Canada
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the sponsor's financial situation deteriorates
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they submit a request to withdraw the application to sponsor after it has been received by the government and the sponsored person becomes a permanent resident
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In order to sponsor your parents or grandparents for permanent residence in Canada, you must:
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be18 years of age or older
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live in Canada
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be a Canadian citizen, permanent resident or registered Indian under the Canadian Indian Act
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have enough money to support your parents or grandparents financially once they become Canadian permanent residents
There is also a mandatory undertaking for the sponsor, which is a commitment for 20 years beginning when the applicant(s) become permanent residents.
Who can you sponsor
Under this program, you can sponsor your own parents and grandparents if they are related by blood or adoption. You can also sponsor your parents and grandparents spouses, common-law partners, or conjugal partners. If you wish to include your brothers or sisters in the application, they will only be eligible if they are considered to be dependent children.
You cannot sponsor your own spouse's parents or grandparents; however, you can be a co-signer on the application in order to meet the monetary requirement for sponsorship.
Income requirement
One of the requirements for this program is that you, as the sponsor, show that you have enough income to support the people you are sponsoring as well as your own family members in Canada. The government of Canada will assess your income for the 3 tax years prior to your application. Your eligibility is based on the number of people you will be responsible for, including yourself. The below chart illustrates the income requirement for 2021 applications.
Process for sponsoring
Bringing your parents or grandparents to Canada permanently is a multi-step process. In order to receive an invitation to apply (ITA), you will need to complete the following steps:
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submit an interest to sponsor form within the window for submission
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if you are selected to apply, submit your application within 60 days
The government randomly selects applicants under this program, so it is important to note that just because you submit an interest to sponsor form, this does not necessarily mean you will be invited to apply.
Adopted Children
When you adopt a child from abroad, you must go through a two-part process for immigration:
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the application for sponsorship
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the application for the child's permanent residence in Canada
Sponsor eligibility
In order to sponsor a child from abroad for adoption, you must:
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be a Canadian citizen or permanent resident and if you do not reside in Canada at the time of application, you are required to reside in Canada when the child becomes a permanent resident
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be at least 18 years of age or older
Intercountry adoption
For the purpose of immigration, all intercountry adoptions must:
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be legal in the child's home country and in the province/territory where you, the sponsor reside
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end the legal relationship between your adopted child and their biological parents
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meet the requirements of your province/territory, including a home study
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create a genuine parent-child relationship between you and the child
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be in the best interest of the child
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not be primarily to gain permanent resident status for the child in Canada
Sponsorship can only occur if:
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informed consent has been given by both of the child's biological parents
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the child has been legally adopted outside of Canada
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Hague Convention requirements have been met if applicable
Citizenship process vs. immigration process
The adoption process is a complicated one. There are a number of rules and regulations depending on where the child is adopted and what the adoptive parents immigration status is. Choosing the correct process for your situation is important and you must complete the citizenship or immigration process prior to bringing your child to live with you in Canada. To find out more about the differences between the two processes, you can visit the Government of Canada website.
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Other Relatives
In some cases, you may wish to sponsor a relative other than your spouse, partner, child, parent or grandparent, to come to Canada permanently. The Canadian government does allow sponsorship of other relatives in very specific circumstances. There are two options for this type of sponsorship:
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sponsoring an orphaned brother, sister, nephew, niece or grandchild
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sponsoring one relative related by blood or adoption, of any age
Sponsoring an orphaned brother, sister, nephew, niece or grandchild
In order to be eligible for this option, the person you are sponsoring must meet all of the following criteria:
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they must be related to you by blood or adoption
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both of their parents must be deceased
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they must be under the age of 18
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they must be single
Sponsoring one relative related by blood or adoption, of any age
You are only eligible for this option if you meet all of the following conditions:
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you do not have a living relative that you can sponsor instead, such as:
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a spouse
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a common-law partner
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a conjugal partner
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a son or daughter
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a parent
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a grandparent
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an orphaned sibling
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an orphaned grandchild
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you do not have any relatives who are:
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a Canadian citizen
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a permanent resident of Canada
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a registered Indian under the Canadian Indian Act
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Sponsor requirements
Regardless of which type of relative you sponsor, you are required to meet income guidelines and undertake to support your relative financially for up to 20 years depending on their age and relation to you. The person you are sponsoring must also undertake to make efforts to support themselves financially once they are a Canadian permanent resident.
