Spouse, Partner, Children sponsorship
Effective December 22, 2014, eligible spouses or common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed.
Citizenship and Immigration Canada (CIC) will issue open work permits to certain spouses or common-law partners who are applying for permanent residence from inside Canada, before the approval in principle decision on their application is made.
The new age limit of “under 22” will come into effect this fall, on October 24, 2017, raising it from the current “under 19” requirement. The increased age will apply to new applications for all immigration programs under Immigration, Refugees and Citizenship Canada, including for refugees. Children who are 22 years of age or older and who rely on their parents due to a physical or mental health condition will continue to be considered dependent children.
New application kits, forms and fee information are now available. These new forms must be used starting August 1, 2014. Use this web tool to determine how your application may be affected.
If you are a citizen or permanent resident of Canada, you can sponsor your:
• common-law or conjugal partner, or
• dependent children
to immigrate to Canada.
If you sponsor a family member to immigrate to Canada, you must provide proof that you can:
• meet basic needs—such as food, clothing and shelter—for yourself and your family,
• support your relative financially and
• make sure your spouse or relative does not need to ask for financial help from the government.
Who can become a sponsor
You can sponsor a spouse, common-law or conjugal partner, or dependent child to immigrate to Canada if:
• you are a Canadian citizen or a permanent resident of Canada.
• you are 18 or older.
If you live in Quebec, you must also meet Quebec’s conditions to be a sponsor.
Who you can sponsor
You can sponsor a spouse, common-law or conjugal partner, or child who lives outside Canada under the Family Class.
You can sponsor a spouse or common-law partner who lives in Canada under the Spouse and Common-Law Partner in Canada Class.
Depending on where the person you want to sponsor lives.
All individuals being sponsored must meet the eligibility requirements.
Your family member must have medical, criminal and background checks. If they have a criminal record or are a risk to Canada’s security, they may not be allowed to enter Canada.
They may have to get a police certificate in their home country. The instruction guides explain medical, criminal and background checks.
Who is not eligible to sponsor
You may not be eligible to be a sponsor if you:
• did not meet the terms of a sponsorship agreement in the past,
• did not pay alimony or child support even though a court ordered it,
• get social assistance for reasons other than being disabled,
• were convicted of
o an offence of a sexual nature,
o a violent crime,
o an offence against a relative that resulted in bodily harm or
o an attempt or threat to commit any such offences, depending on the details of the case, such as
the type of offence,
how long ago it occurred and
whether a record suspension was issued (see Sponsorship bar for violent crime below),
• were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago (see Five-year sponsorship bar below)
• did not pay back an immigration loan, made late payments or missed payments,
• are in prison or
• have declared bankruptcy which has yet to be discharged.
Other things not on this list may stop you from being able to sponsor a relative.
Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner, If a spouse or partner sponsored you, you cannot sponsor a new spouse or partner within five years of becoming a permanent resident.
This rule applies even if you got your Canadian citizenship within those five years. Other members of the Family Class will not be affected by the rule change.
Spouses and partners sponsored before Date CIC got your sponsorship application Are you eligible to sponsor someone?
Before March 2, 2012 The five-year sponsorship bar does not apply, no matter when you became a permanent resident.
On or after March 2, 2012 The five-year sponsorship bar applies. You cannot sponsor someone until you have been a permanent resident for five years.
Sponsorship bar for violent crime
The sponsorship bar stops people who have been convicted of certain crimes from sponsoring a family member.
If you have been convicted of a crime that caused bodily harm to any of the relatives below, you cannot sponsor anyone under the Family Class.
• “Partner” includes common-law and conjugal partners.
• Relatives not listed here may still fall under this category. If you are not sure, check the full list of rules or contact the office processing your application.
Relatives the sponsorship bar can apply to:
• your current or ex-spouse/partner and/or their children,
• your children,
• your parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
o the current or ex-spouse/partner and children of the above
• the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin of your current or ex-spouse/partner or children, or
o the current or ex-spouse/partner and children of any of the above
• your child’s spouse, partner or children,
• your spouse’s, partner’s or child’s ex-spouse or ex-partner and children,
• your partner’s parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
• the current or ex-spouse/partner (and their children)of any of the above,
• a foster child who is or was cared for by
o your current or ex-spouse/partner or their children,
o your parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin, or
o the current or ex-spouse/partner (and their children) of any of the above, or
• your current or ex-boyfriend/girlfriend, their spouse or common-law partner, and their dependent children.
Spouse: You are a spouse if you are married to your sponsor and your marriage is legal.
If you were married in Canada:
• you must have a marriage certificate issued by the province or territory where the marriage took place.
If you were married outside Canada:
• the marriage must be valid under the law of the country where it took place and under Canadian law, and
• the marriage, if performed in an embassy or consulate, must follow the law of the country where it took place, not the country the embassy or consulate represents.
Sponsoring your same-sex partner as a spouse
You can apply to sponsor your same-sex partner as a spouse if you:
• are a citizen or permanent resident of Canada and
• were married in Canada and issued a marriage certificate by a Canadian province or territory on or after one of these dates:
o British Columbia (on or after July 8, 2003),
o Manitoba (on or after September 16, 2004),
o New Brunswick (on or after July 4, 2005),
o Newfoundland and Labrador (on or after December 21, 2004),
o Nova Scotia (on or after September 24, 2004),
o Ontario (on or after June 10, 2003),
o Quebec (on or after March 19, 2004),
o Saskatchewan (on or after November 5, 2004),
o Yukon (on or after July 14, 2004) or
o all other provinces or territories (on or after July 20, 2005).
If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law.
It is your responsibility to provide information to CIC confirming that your same-sex-marriage was legally recognized when and where it occurred.
Common-law partner: You are a common-law partner—either of the opposite sex or the same sex—if:
• you have been living together in a conjugal relationship for at least one year in an ongoing 12-month period (you are allowed short absences for business travel or family reasons).
You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of proof of:
• joint bank accounts or credit cards.
• joint ownership of a home.
• joint residential leases.
• joint rental receipts,
• joint registration or payment of utilities (electricity, gas, telephone),
• joint management of household expenses,
• joint purchases, especially of household items, or
• mail addressed to either person or both people at the same address.
Conjugal partner: This category is for partners—either of the opposite sex or same sex—in situations beyond their control that keep them from living together so they would count as common-law partners or spouses.
A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship, and there is the same level of commitment as a marriage or a common-law partnership.
You may apply as a conjugal partner if: • you have had a conjugal relationship with your sponsor for at least one year and you could not live together or marry because of
o an immigration barrier,
o your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
o your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live) and
• you can prove there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).
You should not apply as a conjugal partner if:
• you could have lived together but chose not to, as this shows that you did not have the level of commitment needed for a conjugal relationship (for example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together),
• you cannot prove there was a reason that kept you from living together,
• you are engaged to be married (in this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months).
Dependent children: A son or daughter is dependent when the child:
• is under age 22 and does not have a spouse or common-law partner, or
• is 22 years of age or older and has depended largely on the financial support of a parent since before age 22 because of a physical or mental condition.
People who cannot be sponsored
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:
• you are under age 18,
• you (or your sponsor) were married to someone else at the time of your marriage
• you have lived apart from your sponsor for at least one year, and either you or your sponsor are the common-law or conjugal partner of another person,
• your sponsor applied for permanent residence but did not include you on their application as someone who should be examined or
• your sponsor has sponsored another spouse, common-law partner or conjugal partner in the past, and three years have not passed since that person became a permanent resident (or five years if your application was received on or after March 2, 2012).
Sponsoring a parent or grandparent
If you are a citizen or permanent resident of Canada, you may be able to sponsor your parent or grandparent to become a permanent resident under the Family Class (FC).
If you sponsor your parent or grandparent to come to Canada as a permanent resident, you must make every reasonable effort to provide for your own essential needs and those of your parent or grandparent.
You are responsible for supporting your parent or grandparent financially when he or she arrives. As a sponsor, you must make sure your parent or grandparent does not need to seek social assistance from the government.
Determine your eligibility – Sponsor your parents and grandparents
We received sufficient applications to meet the Parent and Grandparent Program cap this year.
The application period is now closed but will re-open on January 3, 2017, with a cap of 10,000 new and complete applications.
Parents and grandparents may be eligible to immigrate to Canada as permanent residents.
There must be a sponsor for any relative immigrating to Canada within the Family Class. Both the person sponsoring a relative and the person wishing to immigrate to Canada must meet certain requirements.
Applicants for permanent residence must go through medical, criminal and background checks. An applicant with a criminal record may not be allowed to enter Canada.
People who pose a risk to Canada’s security are also not allowed to enter Canada. An applicant may have to provide a certificate from police authorities in the home country. Medical, criminal and background checks are explained in the application kit.
You can sponsor your parent or grandparent if you are a citizen or permanent resident of Canada and if you are 18 years of age or older.
You may not be eligible to sponsor your parent or grandparent if you:
failed to provide the financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
defaulted on a court-ordered support order, such as alimony or child support
received government financial assistance for reasons other than a disability
were convicted of a violent criminal offence, any offence against a relative or any sexual offence, depending on circumstances, such as the nature of the offence, how long ago it occurred and whether a record suspension (formerly called “pardons” in Canada), was issued
defaulted on an immigration loan—late or missed payments
are in prison or
have declared bankruptcy and have not been released from it yet.
Other factors not mentioned in this list might also make you ineligible to sponsor a relative.
When you sponsor a parent or grandparent to become a permanent resident of Canada, you must promise to support that person and their dependants financially.
Therefore, you have to meet certain income requirements. If you have previously sponsored relatives who later turned to the Canadian government for financial assistance, you may not be allowed to sponsor another person.
Sponsorship is a big commitment, so you must take this obligation seriously.
To be a sponsor:
You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative if necessary.
This agreement also states that the person becoming a permanent resident will make every effort to support themselves. Dependent children under age 22 do not have to sign this agreement.
Quebec residents must sign an “undertaking” with the province of Quebec—a contract binding the sponsorship.
You must promise to provide financial support for the relative and any other eligible relatives accompanying them for a period of three to ten years, depending on their age and relationship to you.
This time period begins on the date they become a permanent resident.
If you live in Quebec, you must also meet Quebec’s immigration sponsorship requirements after Citizenship and Immigration Canada approves you as a sponsor.
To sponsor your parent or grandparent, you must be living in Canada.
From IRCC web site
For any questions and concerns about any issues or matters on immigration, including foreign workers, International Students and temporary resident visa (tourist visas), renewal of permanent resident card, citizenship, Federal, Quebec & Provincial Immigration Programs, Quebec Experience Program and more. Do not hesitate to contact our office, we are here to answer your questions.