Sponsoring a spouse, a common law partner, a conjugal partner, same sex partner or a dependent child
This is a two-step procedure where the sponsor must first be determined eligible to apply. Once the sponsor has been determined admissible, the sponsored person will apply for the permanent residence. The general conditions for the sponsor’s eligibility are as following:
- be 18 years of age and over
- reside in Canada if the applicant is a permanent resident (The citizen must demonstrate an intent to return to Canada)
- provide valid documentary evidence of family relationship
- sign a sponsorship support agreement covering for 3 years financial support if sponsoring a spouse, common law partner or conjugal partner
- if sponsoring a child, the financial support is for 10 years or until the child turns 25 years of age.
- Not be subject or be accused of any violent criminal offence.
- Not have defaulted on a previous sponsorship or have defaulted on an immigration loan, a child support court order or have been receiving financial assistance from the government or not having been released from bankruptcy
Once the sponsor is determined to be eligible, the sponsored person will apply for permanent residence with the following general conditions:
- The spouse must be 16 years and over
- The spouse must not have been married to another person
- The dependent child must be less than 22 years of age. If 22 years of age and over, the child must show evidence that he or she under financial support or because of a disability
Residents of Quebec must sign a sponsorship agreement with the province of Quebec. The sponsored person must apply for the Quebec selection certificate.
Sponsoring a family member other than a spouse or a dependent child
Apart from the above eligibility conditions that have to be met by the sponsor, evidence of financial support is required for these other family members. The related authority will require a financial evaluation: Quebec or Canada.
Persons that may be sponsored under this category consist of the following:
- parents
- grandparents
- orphaned brothers and sisters, nieces, nephews, under 18 years of age
- a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father
(i) who is a Canadian citizen, Indian or permanent resident, or
(ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.
All Sponsors from Quebec must sign an undertaking with the Province and the sponsored person will apply for the Quebec selection certificate.
Sponsorship of parents are limited to a specified quota per year.
Bellemare & Vinet Attorneys
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