Sponsoring a spouse, common law partner or child whether as dependent or an orphan relative or under adoption for Permanent Residence, at first you must be:
Be a Canadian citizen or Permanent Resident.
Be at least 18 years old.
Sign an undertaking for 3 years for spouse and 3-10 years for Child that you will provide and meet the basic requirement of person of people you are sponsoring.
Live in Canada or if you are a citizen, then you must show that you plan to live in Canada when your sponsored relative becomes a Permanent Resident
Satisfy Quebec specific laws regarding sponsorship if you live in Quebec.
There is no requirement of Low Income Cut Off -LICO in case of spouse and children but if you are sponsoring a child having a minor child then you must meet LICO.
You cannot be a sponsor if you:
Was previously sponsored by a spouse or common law partner and became a Permanent Resident less than five years ago.
Have previously sponsored a spouse or common law partner and three years have not passed since this person has become a Permanent Resident.
Receive social assistance for a reason other than a disability.
Are in default of a previous sponsorship undertakings if any.
Have already applied to sponsor your current spouse, partner or child and a decision has not yet been made.
Are bankrupt or in the process of a bankruptcy proceeding.
Are under a removal order.
Are or were convicted of a violent or sexual offence or are currently in jail.
The dependent child must be under 22 years old and unmarried. If the child is older than 22 years of age and is dependent on the parent’s financial support because of a mental or physical condition, then that child may also qualify to be sponsored despite being older than 22 years of age.
The sponsored spouse or common law partner must be at least 18 years old and the relationship must be a genuine one.
For sponsoring an orphan relative and for an adopted child, their age should be less than 18.
Once the sponsorship application is in process, sponsored family members over the age of 18 years old will need to submit police certificates and all family members will need to have a medical exam.
There are two separate streams for spousal or partner sponsorship applications:
Overseas sponsorship application – For spouses or partners living outside of Canada.
In-land sponsorship application – For a spouse or partner who is living in Canada. Applicants under this category may also be eligible to apply for a work permit when the sponsorship application is filed.
For the In-land sponsorship application there is no right to appeal in Immigration Appeal Division of Immigration and Refugee Board.
Looking for sponsoring your spouse, common law partner or a child, you can contact us for a consultation.