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Canadian Immigration Guide for Families and who can Sponsor

Persons eligible for sponsorship

Under the Immigration and Refugee Protection Act and related regulations, a Canadian citizen or permanent resident of Canada who is at least 18 years of age is authorized, under certain conditions, to sponsor their spouse or certain members of his immediate family for permanent residence in Canada.

1. Spouses, common-law partners and conjugal partners aged 16 and over

2. Parents and grandparents

Parents and grandparents can be sponsored, but the sponsor must show more than a specified income, which is calculated based on the size of their family unit when people to sponsor are included.

3. A dependent child of the sponsor, including an adopted child

A child is considered a dependent if the child is under 22 years of age when the sponsorship application is submitted, provided that the child is not married or living in a common-law relationship. Some children over 22 can also be considered dependent if they are full-time students, or are mentally or physically disabled and depend financially on their sponsor.

4. A child under 18 who wishes to adopt the sponsor

5. Orphan brothers, sisters, nieces or grandchildren under the age of 18 who are not married or living in a common-law relationship

6. In cases where there is no person in the above categories, the “last remaining family member” can be sponsored, that is, a family member of any age can be sponsored if the sponsor does not have an aunt, uncle or family from the above list who can be sponsored or who is already a Canadian citizen, Indian or permanent resident of Canada. This situation is rare in practice.

Requirements to sponsor

The law generally requires the sponsor to live in Canada, but a Canadian citizen can sponsor their spouse, common-law partner or conjugal partner while living outside Canada if they can prove that they will live together in Canada when requested will be approved.

When submitting a sponsorship application, the sponsor is required to agree to provide for the basic needs of the sponsored person if he is unable to take care of himself for a period of 3 or 10 years. The sponsorship application is submitted to a processing center in Canada and, if the sponsor is eligible, they will send permanent residence permits to the appropriate visa office for processing.

Accompany family members

All dependent family members of the principal applicant for permanent residence must be mentioned on the application. Even if family members are not accompanying them, it is normally advisable to undergo medical examinations and, if they are over 18, to provide policy statements.

Assessment of applications

In some cases, even if the application were to be approved differently, if the sponsored person or dependent family members have a criminal history or specific medical problems, the application for permanent residence will be denied. In these cases, if the request is refused because the sponsor does not have the required income, the refusal on appeal for humanitarian and compassionate reasons can be overcome, provided that the original request is correctly completed to take into account.

Procedure to follow when the request is approved

If the sponsorship application is accepted, the sponsored person must provide a valid passport or equivalent travel document. The sponsored person and their accompanying family members are allowed to live permanently in Canada, which they normally must do within one year of their medical examination.