Family Sponsorship in Canada: Your Complete Guide

Introduction

Canada values family unity and strives to keep families together through various immigration programs. Among these, the family sponsorship program stands out as a vital initiative designed to reunite families. This guide will provide an in-depth look at the family sponsorship process in Canada, focusing on key aspects that prospective sponsors and applicants need to understand.

The Importance of Family Sponsorship in Canada

Family reunification is a top priority for Immigration, Refugees, and Citizenship Canada (IRCC). The family sponsorship program allows eligible individuals to sponsor family members to become permanent residents of Canada. Sponsored individuals gain the right to live, work, and study in Canada, aligning with Canada’s vision of family unity.

Eligibility Criteria

To qualify for the family sponsorship program, both the sponsor and the applicant must meet specific criteria:

• Age Requirement: Sponsors must be at least 18 years old.
• Residency Requirement: Sponsors must be either Canadian citizens or permanent residents.
• Financial Support: Sponsors must demonstrate the ability to financially support their family members. For children, support must continue until they turn 25 or for at least 10 years.

Who Can Sponsor

Individuals who meet the age and residency requirements can sponsor their family members under the family sponsorship program. This includes both Canadian citizens and permanent residents who are 18 years of age or older.

Who Can Be Sponsored

The following family members are eligible for sponsorship under the family sponsorship program:

• Parents and Dependent Children: Includes adopted children and children under the sponsor’s guardianship.
• Spouses and Common-Law Partners: Partners must be at least 18 years old.
• Grandparents: Eligible for sponsorship.
• Siblings, Nephews, and Nieces: Must meet specific age and dependency criteria.
• Grandchildren: Must be under 18 years old, unmarried, and not in a common-law relationship.

Legal Framework

To initiate a sponsorship under the family sponsorship program, sponsors must sign a Sponsorship Agreement. This agreement outlines the sponsor’s commitment to providing essential needs such as food, clothing, and shelter.

The Role of Divorce Act

If a relationship ends in divorce after sponsorship, the sponsored individual’s residency status is not revoked due to the marriage breakdown. However, if the sponsorship is temporary and permanent residence has not been applied for, consulting a family lawyer in Toronto is recommended.

The Civil Marriage Act

The Civil Marriage Act expanded the definition of marriage to include same-sex couples. This change allows Canadian citizens and permanent residents to sponsor their same-sex partners through the family sponsorship program.

The Family Law Act

The Family Law Act defines and recognizes various relationships, including legal, common-law, and conjugal relationships. This Act helps in establishing eligibility for spousal and family sponsorship applications, ensuring that both sponsors and applicants meet the required criteria.

The Sponsorship Process

The family sponsorship process involves several steps:

• Apply to Sponsor: Complete and sign the application forms.
• Apply to Be Sponsored: Create an account on the Permanent Residence online application portal and fill out required forms.
• Pay Application Fees: Includes processing fees, right of permanent residence fees, and biometric fees.
• Submit Additional Information: Provide medical exams, police certificates, and biometric data.
• Submit Your Online Application: Ensure all questions are answered, documents are uploaded, and fees are paid.
• Get Updates: Track your application status online.

Processing Time

Family sponsorship applications typically take 20-24 months to process. The duration may vary based on the complexity of the case.

Financial Requirements

Sponsors must meet minimum income levels to support their sponsored family members. The required income increases with the number of dependents. Here is a chart of the income levels required:

Minimum Necessary Income (MNI)

The Minimum Necessary Income (MNI) is used by IRCC to assess the sponsor’s ability to provide financial support to their family members. Sponsors must meet or exceed this threshold.

Fees Involved

Fees for the family sponsorship program include:

• Processing Fees: $475
• Right of Permanent Residence Fees: $500
• Sponsorship Fees: $75
• Biometric Fees: $85 per person or $170 for multiple applicants

Special Cases

Some sponsorship applications may involve special considerations:

• Dependent Children: Must meet age and dependency requirements.
• Orphan Children: Require proof of orphan status and custodial authority.
• Conjugal Partners: Must provide evidence of relationship genuineness.

Sponsoring an Adopted Child

Adopted children can be sponsored if they are 21 years old or younger and not married or in a common-law relationship. For children aged 22 or older, they must have a physical or mental disability and be financially dependent on the sponsor.

The “Lonely Canadian Clause”

Canadian citizens or permanent residents who live alone can sponsor extended family members under the “Lonely Canadian Clause,” which allows for sponsorship of relatives by blood or adoption, regardless of age.

Application Status and Timeline

Sponsorship applications generally take up to 12 months to process. Complex cases may require additional documentation and time.’

Checking Application Status

You can check the status of your sponsorship application through Canada’s Permanent Residence Application portal.

Common Pitfalls and How to Avoid Them

To avoid delays or rejections, ensure:

• Complete Documentation: Follow IRCC guidelines to avoid incomplete submissions.
• Current Forms: Use the latest forms from the CIC website.
• Accurate Information: Answer all questions correctly and completely.
• Medical Requirements: Ensure medical certificates are recent.
• Meet Deadlines: Respond promptly to IRCC requests.

Legal Complications

Sponsors remain financially responsible under certain conditions, such as changes in relationship status or financial difficulties.

Financial Shortcomings

Challenges include insufficient income, debt, and dependence on social assistance. Sponsors must meet financial stability requirements to qualify.

Can I Sponsor More Than One Person?

Yes, you can sponsor multiple individuals by submitting separate applications for each person. Each application will be processed individually, and you must meet the income requirements for all applicants.

What If My Circumstances Change?

If your circumstances change after the initial assessment, the Case Processing Center (CPC) may reassess your ability to meet sponsorship requirements. New information may require additional documentation.

Can I Appeal a Rejected Application?

Yes, you can appeal a rejected application through the Immigration Appeal Division (IAD). This process allows you to present reasons why the application should be reconsidered.

For personalized advice and assistance with family sponsorship cases, especially if you’re seeking legal guidance from a family lawyer in Toronto, contact a qualified professional.

Conclusion

Navigating the family sponsorship process in Canada can be intricate, but understanding the key elements and requirements will guide you through a successful application. Remember that time is a valuable resource, and your goal is to maximize your chance of success. By ensuring that you meet the eligibility criteria, adhere to financial requirements, and submit complete and accurate documentation, you can increase your chances of reuniting with your loved ones in Canada.

Our professional team at Kozyrev Law P.C. is here to support you every step of the way, from initial assessment to final submission. Don’t hesitate to reach out to Kozyrev Law P.C. if you need clarification or assistance. Your Canadian dream is within reach – take the first step today by thoroughly understanding the family sponsorship process and preparing a strong application. Good luck on your immigration journey!

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