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| Family Class Sponsorships |
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Prepared
by Alicia Backman-Beharry
The content of this article is intended to be informational only. We
caution you against using or relying upon any information contained
in this article without first seeking legal advice regarding your
particular matter. All matters arising from the use of our website,
including this article, shall be governed by Alberta law and shall
be within the exclusive jurisdiction of the courts of Alberta
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| (Updated as of January
2005) |
Who is eligible to sponsor
a member of the “family class”?
A successful sponsorship application will involve an eligible
Canadian sponsor and an admissible foreign national who fits within
the Immigration and Refugee Protection Act and the Regulations’
definition of a “member of the family class.”
A sponsor must be either a Canadian citizen or a Permanent Resident
of Canada and must usually be residing in Canada. A sponsor must be
at least 18 years of age. If a sponsor resides in Quebec, special
provisions apply. Certain things (for example pending removal
orders, specific Criminal Code convictions, defaults on
undertakings, receipt of social assistance, etc.) can make a sponsor
ineligible. Sponsors must generally meet the minimum necessary
income to support the number of people that the sponsor wants to
bring to Canada. In certain circumstances sponsors will not be
required to meet the minimum necessary income and will still be
allowed to sponsor their family member.
Citizenship and Immigration Canada will refuse an application for
sponsorship if the sponsor is ineligible. A sponsor may have limited
appeal rights (LINK). It is therefore important to determine whether
you are eligible to sponsor before you go through the time and
expense of filing an application under the family class.
What are your obligations as a sponsor?
All sponsors must sign an undertaking of support for a period of
between 3 to 10 years from the time that their family member
receives permanent residence in Canada. The length of time of the
undertaking depends on the type of family member being sponsored.
A sponsor cannot cancel an undertaking and the undertaking will
remain in force even if the sponsor divorces the person he or she
sponsored (in the case of spousal sponsorships) or if the sponsor’s
financial circumstances change. The undertaking is a promise by the
sponsor to provide for the family members’ basic requirements,
including food, shelter, clothing, fuel, utilities, household
supplies, personal requirements and health care not provided by
public health.
Who meets the definition of a member of the “family class”?
All relationships must be genuine. A sponsor can only sponsor a
family member if that family member fits within one of the following
categories:
• Spouse
No fiancee class exists under IRPA. A sponsor can only sponsor a
legal spouse, a common law partner, or a conjugal partner who is
over the age of 16. There are two types of spousal sponsorships: one
from outside Canada and one from inside Canada. Different
application packages exist for each type of application. Different
processing times will apply and the rights of appeal
for
unsuccessful cases are also different. It is important that sponsors
understand which spousal sponsorship is best for their situation.
• Parents and Grandparents
Parents and grandparents are not being prioritized during
immigration processing. As a result, it may take more than 5 or even
10 years for a parent or grandparent to become a permanent resident
of Canada. If you are thinking about sponsoring your parent or
grandparent, keep in mind that they must be able to pass an
immigration medical at the time of the application and also at the
time that they are granted permanent residence.
• Dependent children, including adopted children
A sponsor can only sponsor a child if that child is:
1. under the age of 22 and unmarried or not in a common law
relationship, OR
2. a full time student and has been substantially dependant on a
parent for financial support before the child was 22 years of age or
since the child was married/ became a common law partner if the
child was married or became a common law partner before the age of
22, OR
3. financially dependent on a parent since before the age of 22 and
is unable to be financially self-supporting because of a physical or
mental condition.
Only children who are dependent upon you can be sponsored. If your
child is close to the age of 22 it is very important that the
sponsorship application be completed correctly and that it be sent
well before the child’s 22nd birthday. Also, if your child is a
full-time student and over the age of 22 you must ensure that your
child has always been in a relationship of dependency.
It is essential that all of your children are disclosed and have
been medically examined. If you did not disclose your children or
have them medically examined at the time you became a permanent
resident of Canada, you will probably be unable to sponsor those
children at any time in the future (see below).
• Children under 18 years of age that you intend to adopt
You must comply with this requirements for inter-country child
adoption (LINK) and the adoption must be in the best interests of
the child. The adoption must create a genuine parent-child
relationship and could not have been primarily for the purpose of
acquiring status under the Act.
• Orphaned siblings, nephews, nieces or grandchildren
You can only sponsor orphaned siblings, nephews, nieces or
grandchildren who are under the age of 18 and who are unmarried or
not in a common law relationship.
• Last remaining family member
If there is absolutely no other aunt, uncle or family member from
any of the above categories who you could sponsor, and if you have
no family member who is already a Canadian citizen or a permanent
resident, you may apply to sponsor one relative of any age. It is
very rare to be able to sponsor someone under this category because
there usually is some other family member that you could sponsor.
What would take a family member out of the “family class”?
It is important to ensure that your family member is not excluded.
The following are only some of the circumstances that would exclude
a family member from meeting the definition of the “family class”:
– a previous undertaking is still in effect
– either the sponsor or the foreign national was a spouse of another
person at the time of their marriage
– a family member was not previously disclosed and medically
examined when the sponsor became a permanent resident.
Inadmissibility of the foreign national
Even if the sponsor is eligible and the family member fits within
the family class, certain things can made the family member
inadmissible to Canada. Inadmissibility will cause the sponsorship
application to fail. Inadmissibility could be based on security
grounds, violating human or international rights, serious
criminality, criminality, organized criminality, health conditions,
misrepresentation or failure to comply with the Act.
If Citizenship and Immigration Canada refuses the sponsorship
application, a sponsor may have rights of appeal at the Immigration
Appeal Division or at Federal Court. Sponsors must
appeal the
decision within specific time deadlines.
If you would like assistance with making an application for family
class sponsorship please feel free to contact us by email at:
immlaw@caronpartners.com |
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