Family Sponsorship in Canada 

Are you a Canadian citizen or permanent resident? Do you want to bring your family members to Canada but are unsure how to do so? In this article, we will explain the criteria for family sponsorship in Canada. “Family sponsorship” is an overarching term referring to numerous circumstances in which a sponsor can apply to bring their relatives to Canada, with each relationship including different criteria and application procedures.  It is important to note that Sponsorship can be a costly and lengthy bureaucratic process, which is why it is important to be mindful of one’s time and finances before starting the application.

In this article, we will first explain the qualifications a sponsor must have before applying. We will then outline the circumstances for sponsoring spouses, partners, and children. We will additionally focus on sponsorship for relatives such as grandparents and parents.

While this article explains who can be a sponsor and under what circumstances, you may wish to consult an expert Canada immigration lawyer or the Government of Canada website for information for the application steps that must be taken.

The Application Procedure in Practice

The application of sponsoring a family member to Canada usually takes a minimum of twelve months to be completed. Once a family member’s application is approved, it means that they have permanent residence status. There are six main steps as outlined by the Government of Canada for submitting your application. 

1. The sponsor needs to apply online and fill out forms included in the application package

The person who wishes to be sponsored must fill out a series of government forms to be considered for permanent residence and include a photo of themselves in the application. You also may need to be considered for a work permit.

• The sponsor must pay any related fees:
  • Biometric fees
  • Third-party fees (e.g., police certificate, medical exam)
• The person who wishes to be sponsored must submit:
  • Medical exams 
  • Police certificates 
  • Biometrics 
  • Any notifications if there are changes in relationships, such as births, deaths, marriages, or divorces
• Complete and submit the online application 
  • Ensure that you have properly completed each step; it will be rejected if any information is incomplete
• The Government of Canada will mail or email the sponsor asking them to connect their application to an online account to be created

The time it takes to process each application is based on the category of application submitted as well as where the person who wishes to be sponsored is geographically located. The sponsor will be notified by the government if there are any parts that are incomplete. Additionally, the people being sponsored will need to submit passport information, photos, and proof of payment.

If the people who wish to be sponsored are situated outside of Canada, once the government has reviewed and accepted their application, they will be sent two documents, after which they are able to enter the country legally: 

• Confirmation of Permanent Residence
• Permanent Resident Visa

If the people who wish to be sponsored are situated inside of Canada once their application is approved, they must book an appointment to get their Confirmation of Permanent Residence document.

It should be further noted that there can be varying issues that slow down or prevent your application from being accepted; it is a timely and costly process, and not all applicants are accepted. Therefore, it is always best to consult with legal advice as early as possible to ensure that you and the person you are sponsoring will have a seamless application process.

Who can be a Sponsor? 

A sponsor in the context of Canadian immigration is an individual who agrees to be responsible for moving their family members to Canada, so that they gain the status of permanent residents. Becoming a sponsor is known as a sponsorship undertaking, making the sponsor obligated to support the family members they are bringing to Canada, for example, by legally agreeing to be their primary financial supporter if they need such help.

Sponsorship for spouses or partners can fall under one of two categories, known as inland and outland sponsorship. Under inland sponsorship, the person who wants to be sponsored is living in Canada because they have legally received a temporary resident visa. Under the outland sponsorship, the person being sponsored is residing in a foreign country, and all paperwork and in-person services must be performed through the Canadian consulate or embassy in a foreign country.

Who can be sponsored?

Spouses, Partners, and Children

A spouse may be sponsored if they are:

• At least 18 years old
• Legally married to the spouse being sponsored

A common-law partner must be:

• At least 18 years old
• In a committed relationship with the partner sponsored
• Has resided with the partner for a minimum of 12 months, with any breaks being short

A conjugal partner must be:

• At least 18 years old
• Involved in a relationship with the partner for at least one year 
• Currently living in a foreign country
• Unable to currently live with the sponsor due to varying immigration and legal complexities

According to the Ministry of Immigration, Refugees, and Citizenship Canada (IRCC), a person can qualify as a sponsor for their spouse or child:

• If they are 18 years old or older
• If they are already a Canadian citizen or a permanent resident
• If the sponsor is living outside of Canada, they must show proof of intent to return to Canada and live with the people they are sponsoring.

A person does not qualify as a sponsor for their spouse or child:

• If they are under 18 years old
• If they are not a Canadian citizen
• If they will not be residing in Canada when the people they wish to sponsor enter the country
• If their permanent residency application has not yet been approved
• If they are a temporary resident
• If they do not have the income necessary to support another person

There is a possibility that a person may not qualify as a sponsor for their spouse:

• If they themselves were sponsored five years or less earlier
• If they agreed to financially support a different spouse coming to Canada three years or less earlier

There is a possibility that a person may not qualify as a sponsor for their child, spouse, or partner: 

• If a previous application is still pending
• If they are currently serving time in jail or prison
• If they have loans or bonds that they did not pay back
• If they require social assistance
• If they attempted to or carried out a crime in Canada or a foreign country
• If they were ordered to leave the country by the Canadian government

A distinction should be made between independent and dependent children.

Dependent children are those who are age 22 and under and are not married or in a partnership. Those who qualify for being considered dependent children above the age of 22 must prove that they are financially reliant on their parents due to varying physical or mental states of being and that they have never been financially independent. Once a person fulfills the criteria of being a dependent child, the sponsor can then apply to bring two categories of children to Canada.

In the first case, where a dependent child is arriving in Canada without a parent, the child will be considered the ‘principal applicant’ whose immigration must be approved of by their parent who is not moving with them. This child will eventually obtain the status of a permanent residence.

In the second case, where a dependent child is arriving to Canada along with their parent or the sponsor’s partner, the partner/spouse will have the status of a ‘principal applicant’ instead of the child. 

Grandparent and parent sponsorship

There are 2 avenues through which sponsors can bring their grandparents and parents to Canada. The first is through the Parent and Grandparent Sponsorship Program (PGP). To be a sponsor through this program, a person must be:

• A Canadian citizen
• At least 18 years old
• Be financially stable
• Sign to agree to be the primary provider of necessities for the parents or grandparents for up to 20 years, which can also be co-signed with one’s partner.

Additionally, extra measures and guidelines are taken if sponsoring from the province of Quebec.

The other program through which a person can be a sponsor is the Super Visa Program (SVP). The SVP allows for a person to receive “extended multiple-entry visas that can last up to 10 years in total”. This application can be conducted simultaneously with the PGP. To apply for the SVP, a person must be:

• The parent or grandparent of the permanent resident or Canadian citizen
• Medical insurance is secured
• Documentation that is signed proving that they were invited by their child or grandchild
• Proof of the financial stability of your child or grandchild
• Completing the application from a foreign country

As previously mentioned, a sponsor must bear the financial responsibility of taking care of the people they have sponsored should they need it. As such, there are legal periods that a person must care for others, depending on the relationship:

• Dependent child- either until they reach the age of 25 or they are there for 10 years 
• Dependent child 22+- 3 years 
• Parent or grandparent- 20 years 
• Extended relatives not listed- 10 years 
• Common-law and conjugal partners or spouses- 3 years 

This article has demonstrated the criticalness of acknowledging who can be recognized as a sponsor and who cannot, as well as the various relationships associated with sponsorship. For further advice and support regarding sponsorship to Canada, it is always recommended to consult with legal experts who have years of experience in the field. At Decker, Pex, Levi, we would be happy to provide advice on the next steps you can take to ensure that your sponsorship process goes smoothly.

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office@lawoffice.org.il