Family Sponsorship

Canada significantly emphasizes family identification and thus has several programs for family members. Those programs know as family sponsorship programs. To sponsor your family member or a close family relative, one must be at least 18 years old with a Canadian permanent resident status or a Canadian citizen. A Canadian citizen can sponsor even while residing outside Canada; however, most cases require the sponsor to be inside Canada. One must be able to support the sponsored relatives financially and not be on social assistance. Individuals to be sponsored must not be inadmissible to Canada for any reason. An entitled sponsor can sponsor any of the following individuals; parents, spouse, common-law partner, conjugal partner, children, dependent children, grandparents, an orphaned grandchild, siblings, niece, nephews, and in exceptional cases, any other relative, for their permanent residence of Canada.

Since April 01, 2020, the processing fee has been changed for most of the economic stream applications, but the processing fees of family class sponsorship applications have remained unchanged. The processing fee is non-refundable. The processing fees and right of permanent residence fee (RPRF), also known as landing fees, are as follow:

• Sponsoring family members above 22 = CAD$ 550 / adult
• Sponsoring family members below 22 = CAD$ 150 / child
• Right of permanent residence fee (RPRF) = CAD$ 500 / adult and for non-dependent child

Under 22 dependant children are exempted from RPRF.

There are several types of sponsorship under the family sponsorship program:

• Spousal Sponsorship 
• Sponsoring Common Law Partner 
• Sponsoring Conjugal Partner
• Sponsoring Dependent Child
• Parent & Grandparent Sponsorship
• Sponsor Adopted Child or Other Relatives or Family Member 

Before sponsoring a spouse to immigrate to Canada under a spousal sponsorship program, the sponsor must be sure that he/she is eligible to sponsor. Some of the essential points to take into consideration are as follows:

• The sponsor must be 18 years or above to file in the process.
• Must be a Canadian citizen or permanent resident.
• The sponsor must be residing in Canada.
• Must have proof of the legitimacy of the relationship. (I.e. marriage certificates, photos, other supporting documents, etc.)
• Although proof of income is not required for a spousal sponsorship application, the sponsor must show financial capacity for fulfilling the basic needs to sponsor their spouse.
• The sponsor must not take government assistance except under exceptional circumstances such as social disability.
• Were you sponsored yourself (principal applicant) by a spouse or partner (sponsor) and became a permanent resident less than five years ago?
• Must have a clean record with no criminal convictions.
• No violent/sexual convictions.
• It must not be going through bankruptcy.
• It must not be under the removal order.

For a Canadian spousal sponsorship application, whether you intend to file an inside Canada spousal sponsorship or want to file an outside Canada spousal sponsorship application, one question always confuses people who are the principal applicant in a spousal sponsorship application.
Canadian spousal sponsorship application has many forms, and often people need clarification as to which form belongs to whom, as the form as term used while filling up the form is Principal Applicant. In contrast, most forms ask for information about the person sponsoring, so confusion arises about who should be called a Principal applicant. To understand it further, we must realize that Canadian spousal sponsorship applications are processed in two parts. In the first stage, the sponsor’s eligibility is defined that whether the sponsor is eligible.

A common-law partner is a person who shares a conjugal relationship (marriage-like relationship without being married) with another person. The person can be either of the opposite sex or the same sex. The common-law partnership must show evidence of cohabitation in a conjugal relationship. The common-law partnership is a de facto relationship, whereas marriage is considered a de jure relationship.

After one year of continuous cohabitation, a common-law partner may temporarily live apart while maintaining their common-law partnership. The couple may have been separated due to reasons such as:

• Educational purposes
• Employment reasons
• Death or illness of a family member
• Extreme country conditions such as war or political unrest.

If such reasons exist, the couple may still apply for sponsorship, providing they have evidence to support their circumstances and proof of intention to continue the partnership. A more extended separation period may be detrimental to help the application. Thus, just like a marriage relationship, the common-law partnership should determine the intentions of staying and getting back together as soon as possible.

Prohibited common-law partnerships are as follows:

• Cannot be established with more than one person at a time
• Polygamous relationships
• Consanguine relationships
• Incestuous relationships
• Relationships in which one or both partners are below the consent age
•  A relationship in which one of the partners is detained.

The sponsor remains in Canada while the person being sponsored waits in their home country. The inland common-law sponsorship will allow the person to be sponsored to reside in Canada, providing that he/she attains a temporary visit visa (except for nationals of visa-exempt countries). If the visa is denied, the applicant may apply for sponsorship under the outside-Canada process.
Let us help you in sponsoring your common-law partner today. We have a professional team with years of experience handling such complex cases and can help you file your application.

A conjugal partnership is a relationship between two people who are in a marriage-like relationship but are not married and cannot live together due to circumstances beyond their control. To qualify for a conjugal partner sponsorship application, the relationship should have been for at least one year before submission of conjugal partner sponsorship. This category is for those who do not qualify under the spousal sponsorship class or cannot meet the common-law partnership description. A conjugal partner is someone with whom you have a sexual or physical partnership, but the sexual or physical relationship is not the only qualifying criteria; several other factors can play a vital role in defining a conjugal relationship. You can only qualify under this category if you have not been able to live with your partner due to circumstances beyond your and your partner’s control. The IRCC has considered the conjugal partnership as a particular category applicable only in exceptional cases. Thus, you will not be considered for a conjugal partnership if you and your partner could have qualified as a common-law union. Hence a conjugal partner is:

• A person is living outside of Canada.
• A person in a conjugal relationship cannot live with the sponsor as a couple for at least a year due to reasons such as immigration, sexual orientation, religious reasons, etc.

The Supreme Court asses conjugal partnerships based on the following factors:

• Mutual commitment to each other is conducive to a long-term relationship.
• Their existing sexual behaviour and commitment to each other.
• Partners provide emotional support to one another.
• Partners should not be in another conjugal relationship.
• The partners are providing each other with financial and economic support.
• The partners have children or are taking care of them together.

A conjugal partnership is not represented by a legal document but rather by the passage of one year of the relationship. The couple may have cohabited together for some time and then been compelled to live apart due to circumstances beyond their control. So, it is not a matter of choice to live away from each other but rather a matter of compulsion. If the couple can live together and is now living away from each other as per their will, they may not be able to apply under the conjugal partner sponsorship route. The conjugal couple has not shown their sexual preferences. Still, it has to present thorough documentation showing evidence such as joint ownership, insurance policies, joint decision making, and joint financial support such as shared income insinuating a co-dependent relationship similar to marriage. A conjugal partner can be sponsored if:

• There is evidence of a mutually interdependent relationship showing legitimate intimacy and attachment between both partners.
• You have been in a legitimate relationship for the past 12 months but could not cohabit due to genuine barriers such as religious reasons, sexual orientation, cultural differences, etc.

The applicant who intends to immigrate as a conjugal partner must provide ample evidence of a prevailing conjugal relationship with the sponsor for one year, at least proving an existing mutually interdependent relationship. Both partners must be able to provide proof of their inability to cohabit due to practical barriers. Regardless of their intention to marry, however, shows a legitimate objective to stay together.

The parents and grandparents (PGP) sponsorship program are for Canadian citizens and permanent residents who wish to sponsor their parents and grandparents to Canada for permanent residency. The parents/grandparents can also visit Canada for up to two years on Super Visa if they still need to meet the requirements of the Parents & Grandparents Sponsorship Program.
Once the parents and grandparents obtain the status of permanent residents, they will be eligible to access social services such as medical care, work, or study in Canada. The parents’ and grandparents’ sponsorship applications will be entertained on submitting the interest to sponsor form in the allocated time by IRCC. Usually, the parents and grandparents program gets open every year in January with an application limit of 20,000 applications.

In order to be eligible to sponsor your parents or grandparents, the applicants must be:

• At least 18 years old.
• A Canadian citizen or
• A permanent resident of Canada
• Free from criminal records.
• Have enough income to sponsor your parents/grandparents to Canada as per the minimum necessary income (MNI) table:

• The processing time can take up to two years. Once the application is approved, the foreign parents/grandparents will be issued permanent resident visas allowing them to travel to Canada.

• Family Class applications are a high priority for the Canadian government is deeply committed to keeping families together and creating pathways to join separated loved ones. Canadian citizens, permanent residents, and temporary foreign workers can bring their children and loved ones to Canada. Dependent and adopted children can live as permanent residents with their Canadian Citizen or Permanent Resident parents in Canada. This can be done through the Child Sponsorship Program. This program is under Family Class Immigration.

  Children who are under 22 years of age are considered dependent upon a sponsor, sponsor’s spouse, or common-law partner. Children above 22 years of age who are still financially reliant on their parents/guardians also fall into this category. This also applies to children above 22 years who are physically and mentally unwell to support themselves financially. A sponsor with more than one dependent child must prove their financial power to support all children.

  To be a sponsor, the applicant must be a Canadian permanent resident or citizen. They must reside in Canada or plan to reside in Canada. The applicant must be 18 years and above. The applicant will be eligible if:

  • They have a clean criminal record.
  • They are not under any removal order.
  • Does not receive social assistance; however, this condition may be waived off if there is a disability.
  • Is not facing bankruptcy.
  • Has not been convicted of any kind of sexual offence.
  • It has been five years until the applicant has become a permanent resident.
  • The applicant has paid all child support payments.
  • The applicant has paid off all immigration loans.
  • Is not in prison or convicted.
  • They are admissible to Canada.