Canadian citizens or permanent residents living in Canada and over 18 years old might be eligible to sponsor their spouses, common-law partners, parents and/or grandparents for permanent residency. Along with their spouses, if they have any dependent children, they are allowed to sponsor their children as well
Sponsors must be in Canada if they are permanent residents, and they are Canadian citizens, they must provide proof of planning to live in Canada once sponsored person obtains their permanent residence.
Both the Canadian citizen or permanent resident (the ‘sponsor’) and the foreign national (the ‘sponsored person’) should make a joint application and must be approved by Citizenship and Immigration Canada (CIC) in order for the sponsored person to receive a permanent resident visa.
The candidate must prove that he or she has sufficient income to provide the basic requirements for their family members in Canada as well as the persons included in the sponsorship undertaking. The undertaking will stay in validity for a period of three years. It will not be cancelled even under the following circumstances:
- The sponsored becomes a Canadian Citizen
- The relationship ends, they separate or divorce from the sponsored
- Either party leaves the country
- Financial situation has changed for the worst
The Sponsor must not be in breach of previous Sponsorships, repayment of any immigration loan or child support obligations, have a criminal record involving family members, be bankrupt or incarcerated or on social assistance for a reason other than disability. The sponsored person must have no criminal record or be considered rehabilitated for prior criminality and be healthy.
Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse for five years after they receive permanent residence in Canada.
If the process is successful an immigrant visa will be approved. A Right of Permanent Residence Fee must be paid for every person 19 years of age or older for the visa to be issued. The sponsored person must come to Canada before the visa expires.
If a family class application is refused, they have the right to appeal. All immigration appeals are handled by the Immigration Appeal Division of the Immigration and Refugee Board (IRB).
An outside Canada application is generally pursued when the sponsored partner is living outside of Canada. However, outside applicants may still be in Canada and apply through the outside Canada program, and may be permitted to travel in and out of Canada throughout their application process. Outside Canada applications are processed through the visa office that serves the applicant’s country of origin, or the country where they reside legally for at least one year.
The In Canada Class sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The downside to the in Canada Class application is that they take longer to process. However, the person being sponsored may be eligible for an Open Work Permit while the sponsorship application is being processed, allowing him or her to work for any employer in Canada while the application is being processed.
If you would like our immigration lawyer in Toronto to check your eligibility for Spousal and Family Sponsorship or if you would like us to assist you with your application, you can make a consultation through our website, or fill out our easy assessment form here Give us a call to set up an appointment NOW!