There are Two Classes under which to sponsor family members:
- Family Class
- Spouse or Common- Law Partner In-Canada Class
Note: Canadian immigration laws and policies are complicated. An application for Sponsorship, together with all the necessary supporting documents, must be well prepared. Allow our knowledgeable Ottawa, Ontario based Immigration Consultant to assist you. A complete, correct and timely submission of your application to IRCC is a key to obtaining a positive decision.
Use this application if you are a Canadian citizen or a permanent resident living in Canada and you want to sponsor close family members living abroad to come and live with you in Canada. As an eligible sponsor you are able to sponsor members of the Family Class which include:
- Your spouse, common law partner, or conjugal partner
- A dependent child
- Your mother or father
- Your grandparents
- A child you adopted
- Brothers, sisters, nephews, nieces or grandchildren who are orphaned, under 18 years of age and not married or living in a common-law relationship
Medical Exam
The principal applicant, together with the accompanying and non-accompanying dependants will have to take a medical exam performed by a Panel Physician Link:
www.canada.gc – Panel Physician approved by Immigration Refugees and Citizenship Canada. Non-accompanying dependents need to undergo a medical exam too to make sure they are admissible to Canada. They must be admissible to maintain their eligibility to be sponsored by their family members in the future.
Timing of medical
Medical exams will be taken after the application for sponsorship has been submitted. Immigration Refugees and Citizenship Canada will notify the applicant when a medical will be needed.
Police Clearance Certificate
You must include a police clearance certificate with the sponsorship application. Required is a police certificate from any country or territory that you have spent six months or more in a row since the age of 18.
If you need a police certificate from a country or territory and
- Are currently living there or received the police certificate before leaving, the certificate must be issued within six months before you apply
- Have lived there in the past, the police certificate must be issued after you last lived in that country or territory
Note. If you are a Canadian citizen adopting a child from another country, you can apply for Canadian citizenship for your adopted child directly without first applying for permanent residence.
Member of the Family Class
To be recognized as a member of the family class is a basic requirement for sponsorship.
Laws, justice.gc.ca. Family Relationships. 4(1).
Bad Faith Relationships
A foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partner relationship or conjugal partnership:
- Was entered primarily for the purpose of acquiring any status or privilege under the Act
- Or is not genuine
Question:
- Was the marriage entered into primarily to gain an advantage for immigration?
- Is the relationship genuine? Permanent interdependence, shared responsibilities and a serious commitment?
Approved marriage
A legal marriage certificate must be registered in the country where it was issued. A marriage which took place abroad must be valid both under the jurisdiction where it took place and under Canadian Federal Law.
Spouses must have been a minimum of 18 years old at the time of marriage.
Requirement (eligibility) to Sponsor
- Be at least 18 years of age and a Canadian citizen or permanent resident
- Reside in Canada at time of sponsorship (only applies to permanent residents)
- Not have been themselves sponsored as a spouse in the last 5 years
- Sign a 3-year undertaking to be financially responsible for the spouse or partner
- Not be subject to a removal order
- Not have been committed of any crime of a sexual nature
- Not be detained in any prison
- Not have been committed of any crime involving the use of violence punishable by more than 10 years imprisonment
- Not have been convicted of any crime involving bodily harm to a relative or partner
- Not be in default of any previous sponsorship or undertaking
- Not be in default of any support payment ordered by a court
- Not be in undischarged bankruptcy
- Not be in receipt of social assistance other than for disability
Note: You will need to sign an agreement with the person that you are sponsoring.
Minimum Necessary Income
In addition to the above, the sponsor has to prove that he meets at least the “Minimum Necessary Income”
LOW INCOME CUT-OFF (LICO)
| Size of Family Unit |
Minim necessary income |
| 1 person (the sponsor) |
$24,949 |
| 2 persons |
$31,061 |
| 3 persons |
$38, 185 |
| 4 persons |
$46,362 |
| 5 persons |
$52,583 |
| 6 persons |
$59,304 |
| 7 persons |
$66,027 |
| More than 7 persons, for each additional person, add |
$6,723 |
Exception to the above if the sponsor is (IRPA/Regulations) R 133(4)
- a)the sponsor’s spouse, common-law partner or conjugal partner and has no dependent children;
- (b)the sponsor’s spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or
- (c)a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g)
Open Work Permit/Study Permit
Under the “In Canada” sponsor class, an Open Work Permit may be available to the spouse or partner being sponsored, that includes a Study Permit too. These permits may be available while an application for Permanent Residence is in progress. The permits may take up to 4 months to obtain.
Application to Sponsor In or Outside Canada
Application in Canada
Pros
- Spouse is able to apply for Open Work Permit and work within 4 months
- Family is united while application is being processed
- An outside Canada sponsorship is still available without sponsor and spouse leaving Canada
Cons
- Travel restrictions apply
- Time of processing may take longer
Application Outside Canada
Pros
- Processing time shorter - as little as 6 months
- Spouse may apply for a Temporary Visa to come to Canada during processing
- A right to appeal failed sponsorship
Cons
- Spouses often separated until sponsorship is approved
- No Work Permit available to spouse during processing
- Principal applicant may be subject to an interview
Study Permit for Minor Children. (A30(2)) IRPA
Minor children already in Canada are authorized to study without a study permit at the pre-school, primary and secondary level if:
- They are either accompanying parents claiming refugee status or are claimants themselves
- One of their parents (biological or adoptive), is a Canadian citizen or permanent resident
- One of their parents is authorized to work or study in Canada, this includes temporary residents who are:
*Work permit holders
*Study permit holders
*Visitor status holders (more details apply)
Applicants for study permits must apply outside of Canada
Temporary visitor – Their minor children require a study permit.
For more details, see: Study permits: Guidelines on minor children. Immigration Refugee Citizenship Canada Website
Click here.
Definition of Dependent Children with new age limit:
Dependants must be under 22 years old.
Dependants cannot have a spouse or partner.
Dependants over the age limit
If they are 22 or older, the dependants are only accepted if:
- They have depended on their parents for financial support since the age of 22 and
- They are unable to financially support themselves because of a mental or physical condition
Length of Undertaking
The length of undertaking is the time period you’re financially responsible for the person you are sponsoring. The day of the undertaking begins the day the person you’re sponsoring receives his Permanent Residence status.
Factors affecting the Length of the Undertaking
- The age of the person that is being sponsored
- Relationship between the sponsor and the sponsored person
- Residents of Quebec – other rules apply
Financial Responsibility Continuous even if:
- Divorce or separation occurs
- Your sponsored person becomes a Canadian Citizen
- You suffer financial difficulties
- You requested to withdraw from the undertaking, unless the request was received prior to the approval of Permanent Residence status for the sponsored person
LENGTH of UNDERTAKING (October 24, 2017)
Person You Sponsor All Provinces Except Quebec
Spouse common-law partner or conjugal partner 3 years
Child under 13 years of age 10 years
Child 13 to 21 years old 10 years, or until age 25, whichever
comes first
Child 22 years of age or older 3 years
Parent or Grandparent 20 years
Other relative 10 years
Sponsor your Parents or Grandparents (PGP)
As a Canadian citizen or Permanent Resident, you may be eligible to sponsor your parents or grandparents to come and live with you in Canada. At the beginning of the year, Immigration Refugees and Citizenship Canada randomly chooses sponsors from those that have ‘expressed their interest to sponsor’ to Immigration Refugees and Citizenship Canada.
The next draw is expected to take place in January of 2019. First, sponsors need to inquire about whether they are eligible as a sponsor. Second, they have to submit their name on-line to ‘express their interest to sponsor’ their parents or grandparents. Finally, the government will randomly select a given number of sponsors who may then submit their application.
See the section: “Requirements-Eligibility to Sponsor”
In addition to the above, the sponsor has to prove that they meet the “Minimum Necessary Income”. They have to prove that they --- (IRPA/Regulations) R133 (1)(j)(i)
(B) has a total income that is at least equal to the minimum necessary income, plus 30%, for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application, if the sponsorship application was filed in respect of a foreign national who is
- (I)the sponsor’s mother or father,
- (II)the mother or father of the sponsor’s mother or father, or
- (III)an accompanying family member of the foreign national described in subclause (I) or (II)
Financial Ability to Sponsor (Guide IMM5482)
It needs to be assessed if you (and your spouse or common-law partner, if he or she is co-signing the undertaking) will have the financial ability to support the persons you are planning to sponsor and their family members.
Family Members are defined as:
- The spouse or common-law partner of the person
- A dependent child of the person or of the person’s spouse or common-law partner and
- A dependent child of a dependent child
Size of Family Unit
The Minimum Necessary Income a sponsor needs to prove depends on the size of his Family Unit.
The group of persons consist of:
- The sponsor and family members, whether they are living with the sponsor or not
- The person being sponsored plus his/her family members
- Any person for whom you or your spouse/partner is responsible for an undertaking
LOW INCOME CUT-OFF (LICO)
| Size of Family Unit |
Minim necessary income |
| 1 person (the sponsor) |
$24,949 |
| 2 persons |
$31,061 |
| 3 persons |
$38,185 |
| 4 persons |
$46,362 |
| 5 persons |
$52,583 |
| 6 persons |
$59,304 |
| 7 persons |
$66,027 |
| More than 7 persons, for each additional person, add |
$6,723 |
Undertaking for Parents and Grandparents.
Immigration Refugee Citizenship Canada (IRCC) requires you to sign an Undertaking with IRCC. The Undertaking is a promise to provide financial support and basic needs for the family member you are sponsoring.
Basic Needs include:
- Housing – plus household supplies
- Groceries – food
- Necessary transportation
- Clothing
- Personal needs
Social Assistance from the Canadian Government is not an option. The Undertaking is a signed promise of support. It must even cover such costs as eye care or dental care. The agreement includes the parents, grandparents and their accompanying family members.
Note: The Undertaking is unconditional. It cannot be cancelled in spite of divorce, separation, relationship breakdown or lack of funds. Even if your family members are granted Canadian Citizenship or move to another province, the undertaking remains in effect.
Co-signer of Undertaking
A co-signer is permitted and he or she must be either your spouse or common-law partner. Definition of common-law partner in Canadian Immigration law applies.
Conditions for Co-signer:
- Same eligibility as the sponsor applies
- Be in agreement with the sponsor to co-sign the undertaking
- Agree to provide financial support and basic needs for the family members that are being sponsored
Note: The co-signer together with the sponsor, are equally liable if the signed undertaking obligations are not adhered to.
Undertaking — duration (IRPA/Regulations) R 132
- 132(1) Subject to subsection (2), the sponsor’s undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province for every benefit provided as social assistance to or on behalf of the sponsored foreign national and their family members during the period
- (a)beginning
- (i)if the foreign national enters Canada with a temporary resident permit, on the day of that entry,
- (ii)if the foreign national is in Canada, on the day on which the foreign national obtains a temporary resident permit following an application to remain in Canada as a permanent resident, and
- (iii)in any other case, on the day on which the foreign national becomes a permanent resident.1w
- (b)ending
(iv) on the last day of the period of 20 years following the day on which the foreign national becomes a permanent resident, if the foreign national is
- (A)the sponsor’s mother or father,
- (B)the mother or father of the sponsor’s mother or father, or
- (C)an accompanying family member of the foreign national described in clause (A) or (B)
Canadian immigration laws and policies are complicated. An application for Sponsorship, together with all the necessary supporting documents, must be prepared correctly. Allow our knowledgeable Ottawa, Ontario based Immigration Consultant to assist you. A complete, correct and timely submission of your application to IRCC is a key to obtaining a positive decision.
