Family Sponsorship Program – Immigration to Canada

The Family Sponsorship Program is a cornerstone of Canada's immigration policy, reflecting the country's commitment to family reunification. This program allows Canadian citizens and permanent residents to sponsor eligible family members to immigrate to Canada, thereby promoting the formation of strong family units within the country.

Eligible Family Members:

Family members who can be sponsored include:

• Spouse
• Common-law Partner (if you have been living together continuously for at least one year).
• Conjugal Partner (marriage-like relationship but have not been able to marry or live together due to extenuating circumstances).
• Dependent Children (including adopted children).
• Parents and Grandparents (subject to specific requirements and quotas).
• Under certain conditions, other relatives like siblings, nephews, nieces, or grandchildren who are orphans, under 18 years, and not married or in a common-law relationship.

Spousal Sponsorships Eligibility Criteria:

To sponsor their spouse or partner, Canadian citizens or permanent residents must meet the following criteria:

• Be at least 18 years old.
• Reside in Canada.
• Have not been sponsored as a spouse within the last 5 years.
• Be willing to sign a 3-year undertaking to financially support the spouse or partner upon their arrival in Canada.
• Not be subject to a removal order.
• Not be detained in any prison.
• Not have been convicted of any sexual offense.
• Not have been convicted of a violent crime punishable by more than 10 years imprisonment.
• Not have been convicted of a crime involving bodily harm to a relative or partner.
• Not be in default of any previous sponsorship undertaking.
• Not be in default of any court-ordered support payments.
• Not be an undischarged bankrupt.
• Not be receiving social assistance, except for disability support.

Exception to the Requirement to Reside in Canada:

The residency requirement only applies to permanent residents. Canadian citizens can reside abroad while sponsoring a spouse or partner, provided they intend to return to Canada once the sponsored person obtains permanent residence.

Exception to the Criminal Convictions Provisions:

The criminal conviction restrictions do not apply if the Canadian sponsor has been pardoned, acquitted, or at least five years have passed since completing the sentence for the criminal offense.

Sponsored Spouses Cannot Sponsor for Five Years:

A previously sponsored spouse cannot sponsor a new spouse within five years of obtaining permanent residence. This rule applies to all sponsorship applications received on or after March 2, 2012.

Minimum Income Requirement:

While there is no minimum income requirement to sponsor a spouse or partner, immigration authorities will assess whether the sponsor and/or spouse or partner have sufficient income and/or assets to support the spouse or partner upon arrival in Canada. Demonstrating the ability to support themselves through employment or assets is crucial for approval.

Requirements to Qualify as a Spouse or Partner:

Genuine Relationship: Immigration authorities assess the genuineness of the relationship between spouses or partners to determine if it's authentic or merely an attempt to obtain Canadian immigration status. Factors considered include the relationship's duration, quality leading up to marriage or partnership, adherence to local norms for marriage, and overall compatibility.

Criminal Admissibility: Any criminal conviction that may be equivalent to an indictable offense in Canada can render a foreign national inadmissible to Canada, preventing them from being sponsored or entering the country. This applies to various criminal offenses, even minor ones like impaired driving or shoplifting. Overcoming this inadmissibility is possible by obtaining a pardon or its foreign equivalent. An immigration application for rehabilitation is also an option if at least five years have passed since completing the criminal sentence. If more than ten years have passed since a minor conviction, the foreign national may be considered rehabilitated.

Parental Sponsorships Eligibility Criteria:

In Canada, citizens and permanent residents have the opportunity to sponsor their parents and grandparents to join them in the country. This process grants permanent resident status to the sponsored relatives, enabling them to live, work, or study in Canada, and access essential social services such as healthcare. The application for parental sponsorship involves a two-phase process: first, the Canadian resident applies for sponsorship approval; upon acceptance, the foreign relatives then apply for permanent residency. Key elements of this program include:

• Income Criteria: Sponsors must demonstrate earnings at least 30% higher than the Low Income Cut-Off (LICO), considering the size of their family and the relatives they are sponsoring.
• Three-Year Income Verification: Proof of meeting the income requirement is necessary for the past three years.
• Income Documentation: The Canadian tax returns (Notice of Assessment) are the sole accepted proof of income.
• 20-Year Financial Commitment: Sponsors agree to financially support the sponsored relative for two decades.

Processing times for these applications average around one year, after which approved relatives receive permanent resident visas for entry into Canada.

Super Visas for Extended Visits:

A Super Visa is a special visitor visa for parents and grandparents of Canadian citizens or permanent residents, permitting visits of up to two years. To be eligible, sponsors must prove adequate financial support and the visiting relatives must obtain private medical insurance.

Additional Requirements and Restrictions:

Like most immigration processes, this includes criminal, security, and medical screenings. Sponsors themselves must meet certain criteria, such as financial stability and a clean legal record.

Appeals Process:

Rejections of sponsorship applications can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, typically within 30 days of receiving the decision.

Child Sponsorships Eligibility Criteria:

In Canada, citizens and permanent residents have the opportunity to sponsor their foreign-born children for Canadian permanent residence. This allows these children to live, study, and access social services in Canada indefinitely, with the potential to become Canadian citizens.
The process involves two steps: First, the Canadian resident applies to sponsor the child. Following approval, the child’s application for permanent residence is processed. Key elements of this program include:

• Being at least 18 years old.
• Residing in Canada (with an exception for Canadian citizens living abroad, who must intend to return to Canada once the child’s permanent residence is granted).
• A commitment to financially support the child for 10 years after arrival in Canada.

Financial Assessment:

While there's no minimum income threshold, sponsors must demonstrate the ability to financially support the child in Canada. Authorities assess the sponsor's income and assets to ensure adequate support.

Defining a Dependent Child:

A dependent child is defined as being under 22 years old, unmarried, and not in a common-law relationship. Both biological and adopted children are eligible.

Automatic Citizenship for Children of Canadian Citizens:

Children born outside of Canada to Canadian parents automatically gain Canadian citizenship at birth, but this applies only to the first generation born abroad. This means that if a Canadian citizen who was born outside of Canada (the first generation born abroad) has a child outside Canada, that child does not automatically receive Canadian citizenship.
However, if the Canadian parent(s) were themselves born in Canada, their children born abroad will automatically gain Canadian citizenship.

Adopted Children:

Children adopted abroad can be sponsored for permanent residence or, in some cases, directly for Canadian citizenship. Legal compliance with both the birth country and Canada is mandatory. Authorities ensure the adoption is genuine and in the child's best interest. Consent from biological parents is essential.

Sponsoring an Orphaned Relative:

Canadian citizens or permanent residents can sponsor an orphaned child under 18, who is a sibling, nephew, niece, or grandchild, provided they are unmarried.

Sponsoring Other Relatives:

If a Canadian sponsor lacks immediate family in Canada or eligible relatives abroad for regular sponsorship, they can sponsor any other relative, regardless of age.

Discover Your Eligibility for Sponsorships Program?

Find out whether you qualify for Sponsorships Program. Kindly contact us to receive all information you need.

We're Here to Assist you!