Family reunification remains the primary objective of the family class immigration pathway. The Canadian immigration act made provisions for a family member or relative of a Canadian citizen or permanent resident to permanently immigrate to Canada as a member of the family class.
Canadian immigration act
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This is based solely on the foreign national’s relationship as a spouse / common-law / conjugal partner, child, parent, grandparent or other prescribed family members of a Canadian citizen or permanent resident.
Simply put, the family class is an immigration pathway through which you can sponsor your relatives to come live, study and work in Canada as permanent residents. You must be able to support them financially and ensure they don’t need any social assistance from the government.
Foreign individuals who can be sponsored through this pathway include:
1) Your spouse
2) Your common-law-partner
3) Your conjugal partner
2. Dependent Children Sponsorship:
These include your child(ren), your spouse’s child(ren) Children who qualify as dependents must meet the following requirement:
1) Be under 22 years old
2) Not have a spouse or common-law-partner
Children 22 years old or older can only qualify as dependent children if:
1) They’re unable to support themselves financially due to a mental or physical condition
2) They have been financially dependent on their parents since before the age of 22
Note: While a dependent child(ren)’s age can change during the application processing, they must continue to meet other eligibility requirement until the completion of the application.
3. Parents and Grandparents Sponsorship:
The sponsor must have a parent and/or grandparents’ relationship with the foreign national sponsored under this category. Those who qualify as parents or grandparents must meet the following requirement:
1) Mother or father – Parents – (Related by blood or adoption)
2) Grandmother or grandfather – Grandparents – (Related by blood or adoption)
4. Other family member sponsorship:
Other family members prescribed in the acts can also be sponsored under the family class immigration pathway. This includes relatives such as:
1) One distant relative regardless of age or relationship to sponsor (This is only applicable in the case of a Canadian citizen or permanent resident who does not have a closely related family member who is a Canadian citizen or permanent resident, OR a relative who can be sponsored as a member of the family class).
2) Orphaned siblings (brother or Sisters) – biological, half or step siblings
3) Orphaned nieces and nephews
4) Orphaned grandchild
5) Specified orphan relatives
These specified orphan relatives must meet all the conditions listed below:
1) Related to you by blood or adoption
2) They’re less than 18 years of age
3) Both parents (mother and father) are deceased
4) They’re single (Not married or in a conjugal or common-law relationship)
The Sponsor: Who can Sponsor?
For you to sponsor a foreign national under the family class, you must be meet certain eligibility terms, sign an undertaking and you must also not be subject to any sponsorship bar or restrictions.
In essence, the sponsor must:
Meet the minimum eligibility criteria
Commit to an undertaking and obligation
Have no restrictions or bars to sponsorship
Sponsorship Eligibility
Though the eligibility criteria vary depending on your relationship of the relative being sponsored, the basic eligibility requirement applies to all family class immigration. You can sponsor a family relative if you’re:
1) At least 18 years of age or older
2) A Canadian citizen or Permanent resident or registered in Canada as an Indian under the Indian act.
3) Able to prove that you’re not receiving government social welfare or assistance for any reason other than disability
4) Able to provide the basic needs (food, shelter, medical care, clothing, etc.) of the person you intend to sponsor
5) Submit a sponsorship application to sponsor a member under the family class
6) Resident in Canada or resume residence when the sponsored foreigner becomes a permanent resident
Undertaking & Legal Obligation
The Canadian immigration regulation states that a sponsor will be financially responsible for the family members being sponsored.
In accordance with this, the sponsor signs a formal agreement to be financially responsible for the family members, and this commitment is called an undertaking.
This undertaking is unconditional and may not be terminated.
This undertaking comes into effect on the day the sponsored foreign national becomes a permanent resident. The duration of this undertaking can vary between 3 to 20 years, depending on the member of the family class being sponsored.
1) 3 years for Spouses or Common-Law or Conjugal partner
2) 10 years or until they turn25 years – whichever comes first) – for Dependent Child under 22years
3) 3 years for dependent child who is 22 years of age or older
4) 20 years for the sponsor’s Parents or Grandparents, and an accompanying dependent child
5) 10 years for any other person not specified above
Noteworthy is the fact that this undertaking is binding irrespective of any change in the sponsor’s circumstances, even if the sponsor becomes estranged from the sponsored family member.
Furthermore, the sponsor will by obligation provide basic needs of the sponsored family members. This includes – but is not restricted to – food, shelter, clothing, utilities and personal household supplies.
Sponsorship Bars
The provisions of section 33 of the Immigration and Refugee protection Regulations (IRPR) outlines certain activities and conditions that bars an otherwise eligible sponsor from sponsorship. Your sponsorship application will be assessed to determine if you are subject to any of these bars. You may be barred from sponsoring a foreign national if:
1) You are less than 18 years old
2) You will not be resident in Canada when the sponsored family member becomes a permanent resident
3) You receive government social assistance for reasons other than disability
4) You failed to meet the minimum income necessary requirement
5) You are subject to or a recipient of a removal order (stayed orders, departure order and deportation order)
6) You are in default of a previous family class sponsorship undertaking by signing a sponsorship undertaking for a spouse or partner and it’s less than three years since they became permanent resident
7) You have a temporary resident status, or your permanent resident application is still pending
8) You became a permanent resident after being sponsored by a spouse, common-law or conjugal partner, and it’s less than 5 years from the day you became a permanent resident (five-year sponsorship bar)
9) You applied to sponsor someone and the decision on your sponsorship application is still pending
10) You declared bankruptcy or insolvency, and you have not been discharged from the bankruptcy
11) You owe or are in default of a court-ordered (within or outside Canada) family support payment such as a child support or alimony in
12) You owe or are in default of an immigration loans (admissibility, assistance, transportation loans and Right of Permanent Resident Fee), deposits or performance bonds and costs incurred to remove a foreign national.
13) You are detained in any penitentiary, jail, reformatory or prison. This does not include persons on parole, probation or serving a suspended sentence
14) You have a previous conviction of an attempt or threat to commit, or committed a sexual offence, indictable offence involving the use of violence, or an offence causing bodily harm against a family member or relative inside or outside Canada.
FAMILY SPONSORSHIP
Family reunification remains the primary objective of the family class immigration pathway. The Canadian immigration act made provisions for a family member or relative of a Canadian citizen or permanent resident to permanently immigrate to Canada as a member of the family class.
Canadian immigration act
Explore the world – we ‘ll walk you through the maze.
Your One-Stop Immigration Shop
This is based solely on the foreign national’s relationship as a spouse / common-law / conjugal partner, child, parent, grandparent or other prescribed family members of a Canadian citizen or permanent resident.
Simply put, the family class is an immigration pathway through which you can sponsor your relatives to come live, study and work in Canada as permanent residents. You must be able to support them financially and ensure they don’t need any social assistance from the government.
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Who can be sponsored?
1. Spousal Sponsorship:
Foreign individuals who can be sponsored through this pathway include:
2. Dependent Children Sponsorship:
These include your child(ren), your spouse’s child(ren) Children who qualify as dependents must meet the following requirement:
Children 22 years old or older can only qualify as dependent children if:
Note: While a dependent child(ren)’s age can change during the application processing, they must continue to meet other eligibility requirement until the completion of the application.
3. Parents and Grandparents Sponsorship:
The sponsor must have a parent and/or grandparents’ relationship with the foreign national sponsored under this category. Those who qualify as parents or grandparents must meet the following requirement:
4. Other family member sponsorship:
Other family members prescribed in the acts can also be sponsored under the family class immigration pathway. This includes relatives such as:
These specified orphan relatives must meet all the conditions listed below:
The Sponsor: Who can Sponsor?
For you to sponsor a foreign national under the family class, you must be meet certain eligibility terms, sign an undertaking and you must also not be subject to any sponsorship bar or restrictions.
In essence, the sponsor must:
Meet the minimum eligibility criteria
Commit to an undertaking and obligation
Have no restrictions or bars to sponsorship
Sponsorship Eligibility
Though the eligibility criteria vary depending on your relationship of the relative being sponsored, the basic eligibility requirement applies to all family class immigration. You can sponsor a family relative if you’re:
Undertaking & Legal Obligation
The Canadian immigration regulation states that a sponsor will be financially responsible for the family members being sponsored.
In accordance with this, the sponsor signs a formal agreement to be financially responsible for the family members, and this commitment is called an undertaking.
This undertaking is unconditional and may not be terminated.
This undertaking comes into effect on the day the sponsored foreign national becomes a permanent resident. The duration of this undertaking can vary between 3 to 20 years, depending on the member of the family class being sponsored.
Noteworthy is the fact that this undertaking is binding irrespective of any change in the sponsor’s circumstances, even if the sponsor becomes estranged from the sponsored family member.
Furthermore, the sponsor will by obligation provide basic needs of the sponsored family members. This includes – but is not restricted to – food, shelter, clothing, utilities and personal household supplies.
Sponsorship Bars
The provisions of section 33 of the Immigration and Refugee protection Regulations (IRPR) outlines certain activities and conditions that bars an otherwise eligible sponsor from sponsorship. Your sponsorship application will be assessed to determine if you are subject to any of these bars. You may be barred from sponsoring a foreign national if: