Immigration to Canada With Family

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Family Class Sponsorship Program

The Family Class Sponsorship Program is for reuniting families via enabling permanent resident or citizens to sponsor their relative to immigration to Canada. Following are the relation that can apply for permanent residency in Canada:

• Spouse : Legally marriage in the country of origin and under Canadian law
• Common-law-partner : At least 1 year of uninterrupted cohabitation in a conjugal relation
• Conjugal partner : Conjugal relationship for at least 12 months(permanence and commitment similar to marriage or common-law) where couple is prevented from living together due to immigration barriers, religious reasons, sexual orientation or marital status.
• Dependent children : Child is considered as dependent if they are under 22 years of age and don’t have a spouse or common-law-partner of their own. If children due mentally or physically conditions are financially dependant on their parent then they are considered dependant even if they are over 22 years.
• Parent
• Grandparent
• Sibling, nephew, niece, or grandchild under 18 years who is unmarried and whose parents are deceased.

The person sponsored must live outside Canada, unless they are residing legally in Canada temporarily, on a work or study permit.

Sponsor

Any Canadian permanent resident or citizen over 18 years can be a sponsor. Sponsor must be living in Canada, unless they are a citizen living abroad and planning to reside in Canada once the sponsored applicant arrives. Conditions for a individual can not sponsor:

• Are in prison.
• Are subject to removal order
• Are in the process of bankruptcy.
• Have receive social assistance from the government
• Have been convicted of criminal offence of violent nature or sexual nature.
• Failed to pay child support systems
• Failed to pay back immigration loans.
• Have previously sponsored a family members but failed to meet the requirements.
• Been a sponsor to family member who have failed to be a permanent resident in past 5 years.
• Were themselves sponsored and have acquired permanent residency in less than 5 years ago.

Other requirements

Fees: Canadian government requires a fees in the sponsorship program. Additionally, there is a “Right of Permanent Residence Fees” for every sponsored relative who is not a dependent child.

Sponsorship Agreement

Notably, the sponsor must agree to financially support their family member in the case that their relative cannot provide for their own needs. This is to ensure that the new permanent resident will not require government assistance. The length of this financial obligation depends on the individual 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

Note that this financial obligation does not disappear if the sponsored person becomes a citizen, divorces or separates from the sponsor, or moves away from Canada.

Medical exam

The sponsored individual is required to submit the results of a medical exam at the time of application, including biometrics for applicants from Europe, the Middle East and Africa.

Police Certificates

Applicants and each family member over age 18 must submit police certificates from the country where they have lived most of their life, in addition to any country where they resided for more than 6 months.

Quebec Requirements

The province of Quebec requires additional criteria for family sponsorship, after federal requirements are met. After applying for sponsorship, potential sponsors who live in Quebec will receive an email or letter with instructions to submit a special agreement to the Quebec government.

Other Options

If an individual does not meet the requirements listed above and as a result does not qualify for Family Class Sponsorship, they may still be eligible to immigrate through the Express Entry system if they have experience or skill in a specific trade or occupation.   

A number of provinces also offer family sponsorship through Provincial Nominee Programs; some have fewer requirements and allow sponsorship for more distant relatives.

To sponsor an adopted child, applications cannot be processed directly through the Family Class Sponsorship program. Adoptions are the responsibility of Canadian provinces and territories, so interested sponsors should inquire on their province or territory’s website before applying to Citizenship and Immigration Canada.

Canadian Permanent Resident and over the age of 18. In addition, a sponsor cannot be subject to a removal order, detained in prison, or in default of any previous sponsorship undertaking or payment obligation ordered by the court. Finally, a sponsor cannot have declared bankruptcy or be in receipt of social assistance, other than for reason of disability. In regards to criminal convictions, a sponsor will not be eligible if they have been convicted of any offence of a sexual nature or of an offence resulting in the bodily harm of a family member.

For the majority of cases the sponsor must reside in Canada to make a sponsorship application. However a Canadian citizen is able to sponsor their spouse, common-law partner, conjugal partner, or dependent child while living abroad if the sponsor will live in Canada when the sponsored individual becomes a Canadian Permanent Resident.

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