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FAMILY VISA

Sponsoring your common-law partner to Canada may not be a simple process, but Canada welcome the opportunity to keep or reunite Canadian Citizens/Permanent Residents with their Spouses. The simple definition of a “Common-Law” relationship is a genuine, spouse like relationship where you have been living together for more than 12 months. Same-sex relationships are also considered too.

Once the Sponsor (Canadian Citizen/Permanent Resident) has satisfied the sponsorship requirement and the applicant (Spouse) has met the below eligibility requirements, the visa grants the following entitlements:

  • Live and work in Canada as Permanent Residents
  • Study in Canada
  • Become a Citizen of Canada within 4 years

The Sponsor must satisfy the following basic requirements to be considered an ‘eligible’ sponsor:

  • Be over the age of 18
  • Must be a Canadian Permanent Resident or Citizen of Canada
  • Must have sufficient income to sponsor under this Class
  • Must have either not sponsored a Spouse under the Family Class visa previously OR at least 3 years have lapsed since your previous spouse became a permanent resident of Canada
  • Must be of good character
  • Must not be claiming any social support/benefits from the Government of Canada (other than disability)

If you are a Canadian Permanent Resident:

  • You must be living in Canada at the time of sponsorship

If you are a Canadian Citizen:

  • You may sponsor whether you are inside or outside of Canada however if you are sponsoring from outside, you must evidence your intent to settle in Canada once the application is approved.

Permanent Residency Sponsorship

Only 5,000 applications are to be accepted which would curb backlogs and resultantly, reduce the wait times. Successful parents and grandparents under this program will receive Canadian Permanent Residency and be able to apply for Canadian Citizenship three years thereafter. To be eligible for Family Class Sponsorship, the sponsor in Canada must meet the following requirements:

  • Be a Canadian citizen or Permanent Resident
  • Be 18 years of age or older
  • Exceed the minimum necessary income level for this program. If married or in a common-law relationship, the income of both can be included
  • The sponsor must sign an undertaking to repay any provincial social assistance benefits paid to the sponsor and accompanying family member(s), if any, for a period of 20 year, if necessary

If the sponsor resides in Quebec, an additional ‘undertaking’ must be signed

Sponsors will have to prove that they meet the minimum income requirements by submitting notices of assessment issued by the Canadian Revenue Agency (CRA) in support of their sponsorship and they must demonstrate they have met the minimum necessary income level for three consecutive years.

The sponsor is obligated to ensure that the persons in which they sponsor are provided with basic requirements such as food, accommodation, clothing etc. as well as financial support for as long as they may require.

Once the sponsor’s application is considered and approved, the Spouse must submit an application and satisfy the following basic requirements:

  • You are over the age of 16
  • You can evidence at least 12 months co-habitation with your Canadian partner
  • You are of good health and character

The Super Visa to Canada is different to being sponsored permanently to Canada under the Family Class. Since the average processing times for permanent sponsorship is currently around 8 years, Citizenship and Immigration Canada (CIC) have placed this visa class on hold until further notice and introduced the Super Visa.

The Super Visa is a temporary resident visa and is valid for 10 years, allowing up to a maximum of 2 years stay in Canada upon entry. The visa is multiple re-entry and does not lead to permanent residence.

To apply for the Parent and Grandparent Super Visa, you must:

  • Be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;
  • Be a genuine visitor to Canada and evidence that you do not intend to make Canada your permanent place of home i.e. you have ties to your usual country of residence or citizenship
  • Ensure your sponsoring child or grandchild in Canada meets a minimum income threshold
  • Be of good health and character
  • Hold valid health insurance for the duration of your visit

The Family class is generally broken down into two applications – the sponsor must first evidence their ability and eligibility to sponsor before the applicant is able to make a visa application to come to Canada. This visa grants the following entitlements to the visa applicant once the sponsor and applicant has met the requirements:

  • Live and work in Canada as Permanent Residents
  • Study in Canada
  • Become a Citizen of Canada within 4 years

Under the Remaining Relative Class, the sponsor can nominate one close family member living outside of Canada to come to Canada as Permanent Residents only if;

  • There is no spouse, common-law or conjugal partner, son, daughter, mother, father, brother, sister, grandfather, grandmother, uncle, aunt, niece or nephew who is a Canadian citizen or Permanent Resident. Also the sponsor must satisfy the following rules;
  • Be over the age of 18
  • Must be a Canadian Permanent Resident or Citizen of Canada
  • Must have sufficient income to sponsor under this Class
  • Must be of good character
  • Must not be claiming any social support/benefits from the Government of Canada (other than disability)

Once the Sponsor is approved as an eligible sponsor you may make an application for Permanent Resident Visa to Canada so long as:

  • You are over the age of 16
  • You can evidence a legal genuine, continuing marriage to your sponsor
  • You are of good health and character

Sponsoring your Spouse to Canada may not be a simple process, but Canada welcome the opportunity to keep or reunite Canadian Citizens/Permanent Residents with their Spouses. The simple definition of a “Spouse” is a marriage that is legally recognised by the country in which you married and Canada. Same-sex relationships are also considered too.

Once the Sponsor (Canadian Citizen/Permanent Resident) has satisfied the sponsorship requirement and the applicant (Spouse) has met the below eligibility requirements, the visa grants the following entitlements:

  • Live and work in Canada as Permanent Residents
  • Study in Canada
  • Become a Citizen of Canada within 4 years

The Sponsor must satisfy the following basic requirements to be considered an ‘eligible’ sponsor:

  • Be over the age of 18
  • Must be a Canadian Permanent Resident or Citizen of Canada
  • Must have sufficient income to sponsor under this Class
  • Must have either not sponsored a Spouse under the Family Class visa previously OR at least 3 years have lapsed since your previous spouse became a permanent resident of Canada
  • Must be of good character
  • Must not be claiming any social support/benefits from the Government of Canada (other than disability)

If you are a Canadian Permanent Resident:

  • You must be living in Canada at the time of sponsorship

If you are a Canadian Citizen:

  • You may sponsor whether you are inside or outside of Canada however if you are sponsoring from outside, you must evidence your intent to settle in Canada once the application is approved

The sponsor is obligated to ensure that the persons in which they sponsor are provided with basic requirements such as food, accommodation, clothing etc. as well as financial support for as long as they may require.

Once the sponsor’s application is considered and approved, the Spouse must submit an application and satisfy the following basic requirements:

  • You are over the age of 16
  • You can evidence a legal genuine, continuing marriage to your sponsor
  • You are of good health and character

Dependent Child and Other Sponsorships

Dependent children, natural or adopted, may be eligible to come to Canada in order to reside with their parent(s). This also includes an orphaned brother, sister, nephew, niece, or grandchild. In exceptional circumstances, other family members may also be eligible. Applicants should make sure that they and their family members meet sponsorship requirements before submitting an application.

Requirements for the Sponsor:

  • Must be 18 years of age.
  • Must be a Canadian permanent resident living in Canada or a Canadian citizen.
  • Cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence.

Requirements for the Sponsored Person

  • He/ she must be in one of the following situations of dependency
  • Less than 22 years of age and not a spouse or common-law partner, or
  • Has been an ongoing full-time student since before the age of 22 and has depended substantially on the financial support of the parent since that time or
  • Is 22 years of age or older, and
  • Became a spouse or partner before the age of 22, and
  • Has been an ongoing full-time student since before the age of 22, and
  • has depended substantially on the financial support of the parent since they became a spouse or partner, or
  • Is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.

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