FAQs on CANADA FAMILY SPONSORSHIP

FAQs on CANADA FAMILY SPONSORSHIP

Frequently Asked Questions:

 

  1. Who can be included in the sponsored person’s application for a Canada immigration visa?

Under family sponsorship programs, the following individuals can be included in the sponsored person’s application for a Canada immigration visa:

  • The spouse, common-law partner, or conjugal partner of the sponsored person
  • The dependent children of the sponsored person
  • The dependent children of the sponsored person’s spouse, common-law partner or conjugal partner
  • The dependent children of the sponsored person’s dependent children
  • The dependent children of the sponsored person’s spouse, common-law partner or conjugal partner’s children.
  1. How much money do I need to sponsor a family member in Canada?

– The income required will vary depending on the type of sponsorship you undertake and the number of family members you already have in your care. You will be required to sign a promise to provide for the basic needs of the family member you are sponsoring.

– Some sponsorship options will also require you to demonstrate that you have a minimum income in order to be eligible to sponsor. This is for instance the case with the Parent and Grandparent Sponsorship Program.

– You must exceed the Minimum Necessary Income (MNI) requirement set by Immigration, Refugees and Citizenship Canada (IRCC) for each of the past 3 taxation years before the date that you submit your application. Your MNI is assessed based on your Canada Revenue Agency Notice of Assessment.

– Sponsors living in the province of Quebec must meet different income requirements.

 

  1. What does “basic needs” mean?

The sponsor must undertake to provide the sponsored family members with:

  • food, clothing, shelter, and other necessities of life
  • dental and eye care and other health needs not covered by public health services available to all Canadian citizens and permanent residents.

The obligation to provide for the basic needs of the sponsored person(s) will only arise if the sponsored person(s) are unable to provide for these needs on their own.

 

  1. Can the undertaking to provide “Essential Needs” be shared?

Yes, the undertaking to provide “Essential Needs” can be shared by a co-signer, but only by the sponsor’s spouse, common-law partner or conjugal partner.

 

  1. As a sponsor, what are my “obligations”?

You and your co-signer, if applicable, are required to sign an undertaking with the Government of Canada, and if you live in Quebec with the government of that province, promising to provide for the basic needs of the sponsored person(s) for a period of time following the arrival of the sponsored person(s) in Canada.

The purpose of this agreement is to ensure that sponsored family members do not become dependent on Canadian social assistance or welfare.

 

  1. For how long am I financially responsible for the family member I sponsor?

The period during which you will be financially responsible for the person you are sponsoring begins on the day they become a permanent resident and varies depending on the type of family member:

Sponsored Person Length of undertaking (excluding Quebec)
Spouse, common-law partner or conjugal partner 3 years
Dependent Child 10years, or until age 25 (whichever is first)
Dependent Child 22 years of age or older 3 years
Parent or Grandparent 20 years
Other Relative 10 years

 

For Quebec residents, the length of the undertaking also depends on the family member you are sponsoring and, in the case of children, their age:

Sponsored Person Length of undertaking
Spouse, common-law partner or conjugal partner 3 years
Dependent child under 16 years of age 10 years (or until age 18), whichever is longer
Dependent child 16 years of age and older 3 years (or until age 25), whichever is longer
Other relatives 10 years
  1. Can the undertaking be revoked or modified?

The undertaking, once made, cannot be cancelled or modified by the sponsor at any time after the Sponsored family members have arrived in Canada.

  1. What if the sponsor does not fulfill the terms of the undertaking?

Failure to meet any of the commitments provided for in the undertaking may result in legal action being taken against the sponsor and the co-signer.

  1. What if the sponsor does not have the requisite financial ability?

If the sponsor does not have the required financial ability, the spouse, common-law partner or conjugal partner of the sponsor may act as a co-signer to the undertaking. In such case, their combined financial abilities will be assessed, and the co-signer will be equally liable in case of default.

If the combined financial abilities of the sponsor and the co-signer still do not meet the minimum requirements, then the Family Sponsorship Application will be refused.

The financial ability requirements do not apply if the sponsored person is a spouse, common-law partner or conjugal partner or a dependent child of the sponsor.

  1. Are there any other agreements that the sponsor must enter into?

The sponsor is obliged to enter into a sponsorship Agreement with the sponsored person(s). By signing this agreement, the sponsor agrees to provide for the “Essential needs” of the sponsored person(s), and the sponsored person(s) promise to make every effort to become self-supporting.

  1. Can a sponsored spouse work or study in Canada while their application is being processed?

Yes, it is possible for the sponsored person to work, as long as they have a work permit. While spousal or common-law partner applications are being processed, sponsored persons must maintain their legal status in Canada (visitor, student or worker).

The spouse or partner you are sponsoring may apply for an open work permit and must obtain authorization before starting work. It takes approximately 4 to 5 months to process this application. An open work permit does not relate to either the employer or the job and allows the holder to work for almost any Canadian employer without first obtaining a confirmed job offer.

  1. Can I sponsor my same-sex partner?

Yes. Your spouse, common-law partner or conjugal partner can be of either sex.

  1. How much does spousal sponsorship cost in Canada?

 

Fees In Canadian Dollars
Sponsorship Fee $ 75
Principal applicant processing fee $ 475
Right of Permanent Residence Fee $ 500
Biometrics $ 85
Total $ 1, 135

If you are sponsoring your spouse and he or she has dependent children, an additional payment of $150 will be required for each child included in the application.

If the sponsor resides in Quebec or intends to reside in Quebec when permanent residence is issued, an additional fee of $289 CAD will also be required.

  1. Will marrying a Canadian automatically give the foreign spouse permanent residence in Canada?

No. Once you are married or in a common-law relationship, you can then apply for a spousal sponsorship. The married spouse will only become a permanent resident of Canada after your sponsorship application is approved.

  1. I am in the process of adopting a child, do I have to wait until the adoption is finalized before starting the sponsorship process?

The sponsorship process can begin when the adoption is in its final phase. However, your application will not be processed until a final adoption decision has been made.

  1. Must the dependents of the sponsored person accompany the sponsored person to Canada?

No, but whether they are accompanying the sponsored person or not, all of the sponsored person’s dependents are required to pass applicable police and security clearances, and medical examinations.

  1. Do I need to be interviewed for a spousal sponsorship?

In rare cases, Immigration, Refugees and Citizenship Canada may want to meet with you and your sponsored family member. This may happen if there is no documentation to support the relationship, or if there is conflicting information on the forms and documents submitted, for example, age and religious difference, or little or no cohabitation.

  1. Can I sponsor my spouse or partner if I don’t have a job?

In most cases, you will not have to submit proof of income when sponsoring your spouse for immigration to Canada. However, an immigration officer may ask you to attend an interview and ask how you will support yourself and your spouse.

  1. Can I sponsor more than one person in the program for parents and grandparents?

Yes. To do so, you will need to submit separate applications for each person (or couple) you are sponsoring. Applications will be processed separately.

  1. Who isn’t eligible to sponsor a relative in Canada?

You may be ineligible for sponsorship if you:

  • are in prison
  • have not paid your child support payments
  • have declared bankruptcy and have not yet been discharged
  • has defaulted on an immigration loan, made late payments, or defaulted on payments
  • have sponsored another relative in the past and have not complied with the terms of the sponsorship agreement
  • were convicted of a violent crime
  1. How do I apply for family sponsorship?

To apply to sponsor your relative, you must go through the following steps:

  • Get the application package from the government website and read the instruction guide, fill out the forms.
  • Pay your application fee (including processing fees, biometrics and third-party fees).
  • Send your application to the mailing address indicated in the application guide.
  1. How long will my sponsorship application take?
  • Spousal sponsorship applications take approximately 12 months to process.
  • The processing of applications for dependent children varies by country.
  • The processing of PGP applications takes between 20 and 24 months.

23. How many immigrants arrive each year under the family class immigration category?

– Under its Immigration Levels Plan, Canada seeks to welcome over 100,000 family class immigrants per year.

  1. How can I prove my relationship to the person I want to sponsor to immigrate to Canada?
  • IRCC provides guidelines on how to demonstrate proof of relationship in your application.
  • The requirements vary based on the person you are sponsoring. For example, a birth certificate can be used as proof when you are looking to sponsor a parent, grandparent, or child.
  • A marriage certificate can be used when you look to sponsor your spouse. Other documents that can help you with respect to spousal sponsorship include photographs, travel itineraries, bank accounts, emails, wedding invitations, and more.
  1. How can I show IRCC evidence of my relationship with my spouse?

According to Immigration, Refugees and Citizenship Canada (IRCC), the evidence you submit to IRCC should include:

  • a completed version of the IMM 5532 questionnaire which is called the “Relationship Information and Sponsorship Evaluation” (it is included in your application package)
  • a marriage certificate and proof that the marriage has been registered with a government authority
  • proof of divorce if a spouse was previously married
  • if the couple have children in common, long-form birth certificates or adoption records containing the names of both parents
  • wedding invitations and photos
  • couples are also expected to provide documents from at least two of the following. They need to provide a written explanation if they cannot provide a minimum of two of the following sets of documents:
    • evidence of joint ownership of residential property
    • rental agreement showing the couple are occupants of the property
    • evidence of joint utility accounts (such as electricity, gas, telephone, internet), joint credit cards or bank accounts
    • car insurance showing the couple have both been declared to the insurance company as residents of the same address
    • government issued identification showing the same address (such as a driver’s license)
    • other documents issued to the couple showing they have the same address (such as cellphone bills, pay stubs, financial statements, tax records, insurance policies, etc).
  1. How can I show IRCC evidence of my relationship with my partner?

IRCC says your evidence should include:

  • a completed IMM 5532 questionnaire (this is included in your application package)
  • evidence of separation from a former spouse if either member of the couple was previously married
  • a completed IMM 5519 form if either member of the couple was previously in a common-law relationship with someone else
  • long-form birth certificates listing the names of both parents if both members of the couple have children in common
  • photos of the couple together
  • at least two of the following sets of documents (or a written explanation if you are unable to provide documents from at least two of the following):
    • documents showing the couple is recognized as being in a common-law relationship (such as employment or insurance benefits)
    • evidence of shared expenses or financial support among the couple
    • evidence that the relationship is recognized by friends and/or family (letters, social media information showing the relationship is public)

If the couple is living together, they need to provide evidence of at least two of the following sets of documents (or a written explanation as to why they are unable to provide at least two of the following sets of documents):

  • evidence of joint ownership of residential property
  • evidence of joint ownership of residential property
  • rental agreement showing the couple are occupants of the property
  • evidence of joint utility accounts (such as electricity, gas, telephone, internet), joint credit cards or bank accounts
  • car insurance showing the couple have both been declared to the insurance company as residents of the same address
  • government issued identification showing the same address (such as a driver’s license)
  • other documents issued to the couple showing they have the same address (such as cellphone bills, pay stubs, financial statements, tax records, insurance policies, etc)

If the couple is not living together, they need to show evidence they previously lived together for at least one year via the following:

  • evidence they have been in contact together via letters, text messages that have been printed, email, social media conversations, or other documents showing they have been in contact. This should be a maximum of 10 pages of evidence.
  • Evidence that the Canadian citizen or permanent resident has visited their partner via flight tickets or boarding passes, passport photocopies with stamps. If visits did not take place, an explanation needs to be included by the sponsored individual in the IMM 5532 questionnaire (Part C, question 4).

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