FAMILY SPONSORSHIP LAWYER

Learn about the Family Sponsorship process from a Canadian immigration lawyer

Canada as a country believes in family unification and in keeping families together. To fulfill their vision towards it, Canada has designed various immigration programs to unite families. You can hire an immigration lawyer to help you. Two programs involve sponsorships:

• Spousal sponsorship
• Family sponsorship

THE IMPORTANCE OF FAMILY SPONSORSHIP IN CANADA

The top-most priority of the Immigration, Refugees and Citizenship Canada (IRCC) is uniting families. Under the family sponsorship program, the sponsored applicant can live, work, and study in Canada as a permanent resident.

WHO CAN BENEFIT FROM THIS GUIDE

Anyone who wishes to get sponsored under the family sponsorship program can benefit from this guide.

ELIGIBILITY CRITERIA

To sponsor under a family sponsorship program, there are two criteria need to be satisfied: –

• You must be at least 18 years of age.
• You must either be a permanent resident or citizen of Canada
• Must support your loved ones financially. If you are sponsoring a child, then you must provide for the child for at least 10 years or until they turn 25.

WHO CAN SPONSOR

Anyone who is above 18 years of age and either a permanent resident or citizen of Canada can sponsor under the family sponsorship program.

AGE REQUIREMENTS

A person must be 18 years of age to sponsor under the family sponsorship program.

CITIZENSHIP STATUS

In order to sponsor under the family sponsorship program, a person must be either a permanent resident or a citizen of Canada.

WHO CAN BE SPONSORED

Under the family sponsorship program, the following family members are eligible for sponsorship

• Parents and dependent children
• Common law partners, spouses, or conjugal partners who are above 18 years of age.
• Grandparents
• Sisters, brothers, nephews and nieces.
• Adopted children, children being considered for adoption (under 18 years of age), and those under sponsor guardianship.
• Grandchildren, grandchildren who are orphans and under 18 years of age (unmarried and shouldn’t be in a common law relationship.

FAMILY MEMBERS RELATION TYPES

Under a family sponsorship program, parents, dependent minors, grandparents, common law partners, spouses, conjugal partners, sisters, brothers, nephews and nieces, adopted children, and grandchildren can be sponsored.

AGE AND MARITAL STATUS

Under the family sponsorship program, you can sponsor your spouse, common-law partner, conjugal partner, or dependents

• Spouse- Your spouse can be either sex and must be legally married to you and must be at least 18 years of age.

• Common Law Partner- For common-law partner isn’t legally married to you, can be of either sex, is at least 18 years of age, and has been living with you for at least 12 consecutive months, meaning you have been living together continuously for 1 year in a conjugal relationship, without any long periods apart.

Any time spent away from each other should have been short, and temporary.

• Conjugal Partner- Your conjugal partner isn’t married to you or in a common law relationship with you, can be either sex, is at least 18 years old, has been in a relationship with you for at least 1 year, lives outside Canada and can’t live with you in their country of residence or marry you because of significant legal and immigration reasons such as their marital status, their sexual orientation, and persecution.

You will need to give proof that you could not live together or get married in your conjugal partner’s country.

• Dependent children- Children qualify as dependants if they meet both of these requirements: they are under 22 years old, and they don’t have a spouse or common-law partner.

Children 22 years old or older qualify as dependents if they meet both of these requirements:

• They are unable to financially support themselves because of a mental or physical condition.
• They have depended on their parents for financial support since before the age of 22.

LEGAL FRAMEWORK

To sponsor a person under a family sponsorship program, a sponsor is required to sign a Sponsorship Agreement. Through agreement, there is a commitment you will provide all necessities such as food, clothing, and shelter to the person who is sponsored.

THE ROLE OF THE DIVORCE ACT

In a situation, where your spouse has sponsored you to migrate to the country and thereafter the relationship between the two became strained and ended in divorce, in such circumstances, a person’s permanent residency status cannot be revoked due to the breakdown of marriage. Hence, the divorce act has no role.

However, in situations, where your relationship has ended and you have temporary status and have not applied for permanent residence, then in such a situation, you need to consult an immigration lawyer.

THE CIVIL MARRIAGE ACT

Initially, only different-sex marriage couples were allowed to apply for spousal sponsorship, but soon the Civil Marriage Act amended the definition of marriage and married couples to include same-sex marriage in it. After this significant change Canadian residents, both citizens and permanent residents, can sponsor their same-sex spouse/ partner through the spousal sponsorship program.

Hence, this Act made it possible for people in same-sex marriages to sponsor their spouses to come to Canada.

IMMIGRATION CANADA: THE FAMILY LAW ACT

The Canadian Immigration Authorities consider, both the legal and marital status, of the spouses and the family while processing an application under Spousal and Family Sponsorship. Family Law Act not only defines marriage and parties to a marriage but also recognizes other relationships like common-law partners and conjugal relationships. This Act helps people supporting their spousal and family sponsorship applications and establish eligibility for the same, both the sponsor and the person to be sponsored should meet the requirements of the Family Law Act set for different relationships it recognizes.

THE SPONSORSHIP PROCESS

Following are the steps that need to be followed:

• Apply to sponsor- The sponsor must download and complete the pdf forms in the application package, and digitally sign along with the person you are sponsoring.
• Apply to be sponsored- Sign or create a Permanent residence online application portal account. Following are the documents that need to be filled.
• Generic Application form for Canada (IMM 0008)
• Schedule A- Background/ Declaration (IMM 5669)
• Additional Family Information (IMM 5406)
• Supplementary Information- Your travels (IMM 5562)
• Pay your application fees- Once all the documents are filled, you can pay for your application fees, your fees will include:
  • Processing fees for you, the person you are sponsoring, and their dependent
  • The right of permanent residence fees
  • The biometric fees

• Send us additional information during processing- During processing, the person you are sponsoring is required to submit their:
  • Medical exams,
  • Police certificate
  • Biometrics

You must also tell us in case of change in circumstances, such as:

• Birth or adoption of children
• Marriage or divorce or separation
• Death of an applicant or a dependent
• Submit your online application – After paying the fees, submit your application. Before you submit make sure you answer all questions, electronically sign your application, include your processing fees receipt, and upload all the supporting documents.
• Get updates about your application online- If you and the person you are sponsoring meet the eligibility requirements, we will mail or email you a request to link your application to an online account.

INITIAL APPLICATION

Initially, one should ensure that the sponsor and the person to be sponsored fulfill the eligibility requirements, after which all the required documents should be listed and arranged. Then an appropriate application package should be downloaded from the IRCC website, which should be filled out per the given instructions and then submitted with the requisite application fee. The next step is to fulfill requirements like Biometrics, medical certification, and criminal record background checks. Following the initial submission of the application, the immigration officer starts the evaluation of that file.

PROCESSING TIME

Applications under family sponsorship programs on average take up to 20-24 months.

FINANCIAL REQUIREMENTS

Sponsoring your family to come to Canada is a very big responsibility and comes with some financial implications. The government requires a sponsor to be responsible for people being sponsored under spousal and family sponsorship programs for which the Canadian immigration authorities have set the minimum income level required to sponsor anybody and this minimum level of income increases with more dependents being added to the application. Following is a chart that states the income level required to sponsor your family members to Canada:

MINIMUM NECESSARY INCOME (MNI)

In order to sponsor under the family sponsorship program, the sponsor must meet the basic threshold of minimum level of income to support their loved ones. IRCC uses MNI to assess whether the sponsor is capable of financial support for their loved ones.

FEES INVOLVED

Sponsoring under the family sponsorship program involves various fees, it is given as below:

• Processing Fees- $475
• The right of Permanent Residence Fees- $500
• The sponsorship fees- $75

In addition to this, you need to pay for the biometric fees i.e., $85 per person or $170 for more than two people if applied at the same time and place.

SPECIAL CASES

Sometimes spousal and family sponsorship applications involve special cases that require special consideration owing to the complex situations. Some special cases include:

1. Application for dependent children for which there are age and other eligibility requirements.
2. Application for orphan children requires proof of orphan status and custodial authority.
3. Application for Conjugal partners is challenging as it is difficult to prove the genuineness of the relationship.

SPONSORING AN ADOPTED KID

An adopted child can be sponsored under a family sponsorship program provided that the kid is 21 years old or younger and not married or in a common-law relationship.

In a situation, if a child is 22 or above, then the following conditions must be satisfied:

• Suffers from a physical or mental disability and has been financially dependent on the support of their parents since before the age of 22.

THE “LONELY CANADIAN CLAUSE”

In situations where a Canadian Citizen or permanent resident is living alone, Canada can sponsor under the Lonely Canadian clause to any extended family related by blood or adoption regardless of age. Under some circumstances, a Canadian citizen or permanent resident can sponsor extended family together with their core family member.

For example, if you wish to sponsor your aunt, then your aunt’s spouse and their dependent children can also be included in the application.

APPLICATION STATUS AND TIMELINE

Usually, a sponsorship application can take up to 12 months to complete. However, it can take additional time depending on the situation of the application.

In complicated cases, a visa officer can ask you to provide additional documents to prove your authenticity.

CHECKING APPLICATION STATUS

To check the status of the sponsorship application, you can visit Canada’s Permanent Residence Application portal.

HOW PROCESSING TIMES ARE CALCULATED

The processing time of an application starts as soon as the complete file/ application is submitted to the immigration authorities and ends when a decision is made and conveyed to the applicant.

The processing time of applications is generally based on the average time taken to process previously applied 80% of applications in the past. In addition, processing time also depends on the volume of applications, completeness & accuracy of the file, and many more factors.

COMMON PITFALLS AND HOW TO AVOID THEM

Many applications have some common errors which can be avoided by proper guidance from a specialist. Generally, the applicants make the following mistakes:

1. Incomplete and incorrect documentation- Insufficient or wrong documentation can delay the processing of an application or bring out an unfavorable decision, that is a rejection of the application.

   Applicants should thoroughly go through the application guide by Immigration, Refugees, and Citizenship Canada (IRCC) and ensure that an application is filed completely with all the required documents.

2. Use of wrong or outdated forms- The visa officer always has the discretion of allowing an outdated form for sponsorship application, but in general, an application filed using outdated forms results in the return or rejection of the application.

   Applicants should make sure to use the latest forms which are found on the CIC website.

3.  Filling up forms- All required columns and questions should be answered correctly, but at times applicants get confused and either answer a part wrongly or leave that part empty, which can be a reason for file delay or rejection.

   An applicant should always consult a specialist when they are confused while completing their sponsorship applications.

4.  Medical requirements- Applicants not completing the required medical standards and proofs might face processing delays.

   The medical certificates and the examination must be recent and not old enough as compared to the standard set by Immigration, Refugees, and Citizenship Canada (IRCC).

5.  Deadlines- Missing deadlines can cause a lot of problems including delay, return and rejection of files.

   Applicants should provide prompt replies to IRCC and submit all the required documents quickly. One should always communicate with IRCC through their application portal with regards to any confusion of deadlines.

INCOMPLETE APPLICATIONS

An incomplete file does not follow the usual steps in file processing. IRCC generally returns an incomplete file and requests additional information and documents. This results in an increase in the processing time of the application which might also affect the final decision.

LEGAL COMPLICATIONS

Once you have sponsored a person under a family sponsorship program, you will still be financially responsible if:

• There is a change in your relationship with the person you have sponsored.
• If the person who has been sponsored has become a Canadian citizen.
• In a situation, where your financial position has changed due to the loss of a job or debt.
• In cases, where you have requested us to withdraw your sponsorship application and till then the person has already become a permanent resident.

FINANCIAL SHORTCOMINGS

Some common financial challenges that sponsors may face are:

1. Insufficient income – Sponsors should go through the minimum necessary income requirements to ascertain whether they are financially eligible for making sponsorship applications. An applicant may use savings or fixed deposits to support their application.
2. Debt – An applicant should make sure that the sponsor’s debt is in parity or should be less than the sponsor’s income.
3. Dependence on social assistance – A person relying on social assistance cannot sponsor any person as the financial stability of the sponsor is one of the core eligibility requirements for the sponsorship application.
4. Other obligations – These include child support payments, alimony payments, and other fine payments required by the government, which impose a financial burden on the sponsor and thereby affect the minimum necessary income requirement.

FAQs: Canada Spousal Sponsorship Lawyer Answers

Can I sponsor my friend to come to Canada under the Family class sponsorship program?

No, a friend cannot be a sponsored person either by Canadian citizens or permanent residents to come to Canada.

Since I am single and there is no one to take care of me, can my aunt be sponsored as I am a Canadian citizen?

Yes, under the Lonely Canadian program, you can sponsor your extended family related by blood.

Can change in relationship have any bearing on sponsorship?

Change in relationship is immaterial in cases of sponsorship. The one who is sponsored will still be financially responsible for the other party.

Can I sponsor more than one person?

Yes, you may sponsor more than one person if you want to. To do so, you will need to submit separate applications for each person you sponsor.  Each application will be processed separately. You will be required to meet the income requirements for all people you apply o sponsor and their dependants.

What if my circumstances change?

A sponsor’s circumstances may change after the Case Processing Center (CPC) initial assessment. Officers may issue permanent resident visas to members of the family class only if a sponsorship undertaking is still in effect. When officers believe a reassessment of the sponsor is material to the visa decision, they may ask CPC to investigate further.

If CPC receives information indicating a change in a sponsor’s circumstances that might affect their ability to meet any of the sponsorship requirements, they will inform visa officers.

If a visa officer receives new information suggesting that the sponsor no longer meets the income test, they may request that CPC reassess the sponsor’s income. CPC will request that the sponsor submit additional documents or information as evidence of their income and financial status for the 12 months preceding the date that the officer receives the new information. A reassessment should be requested only when the applicant has met all other requirements.

Can I appeal a rejected application?

If you sponsored a family member and their application for a permanent residence visa was refused, then you can appeal to the Immigration Appeal Division (IAD) . This is where you can explain why the visa application should be accepted. This is called a sponsorship program.