Family Class Immigration
When you already have a family member who is a citizen or resident in Canada, there are programs that will allow you to be a sponsored member and immigrate to the country to be with your family member. There are many programs like the Spouse/Common Law Partner/ Conjugal Partner Sponsorship, Dependent Child Sponsorship, Parent or Grandparent Sponsorship, Other Relative Sponsorship, and Orphaned Child Sponsorship.
There are many requirements that each of the programs have in order to be eligible for the immigration for both sponsor and sponsored. The sponsored individuals will enjoy the privilege of becoming a Permanent Resident of Canada and then, consequently, the Citizenship of Canada. RedBird Immigration is here to help you at every step of the process in achieving your immigration goals. Contact us today to start the process to meet your immigration needs in a cost-effective way!
Under the current laws, Canadian immigration allows a Canadian citizen or a permanent resident or aregistered Indian to sponsor their spouse, common law partner or conjugal partner in family class immigration if they meet the requirements to sponsor in place at any given time and the relationship between them is established as one of the following.
- A spouse is a person of same or opposite sex who is legally married to sponsor in Canada or in another country. Marriage must be valid in as per the Canadian law and laws of the country where it took place.
- A common-law partneris a person of the same or opposite sex, and that has lived together in a conjugal relationship with the sponsor for at least one year continuously.
- A conjugal partner is a person who has been in a conjugal relationship with a person for at least one year but is unable to live with the sponsor, due to persecution or any form of penal controlsuch as because of marital status or sexual orientation. This is usually combined with an immigration barrier.
For a person to be eligible for sponsorship, there are certain requirements that sponsor need to fulfill:
- The sponsor must be at least 18 years old and a Canadian Citizen or a Permanent Resident or a Registered Indian.
- The sponsor and sponsored person must be in genuine relationship not in a relationship of convenience to gain immigration status.
- A Canadian citizen not residing in Canada can be eligible for sponsoring their partner if they can demonstrate that they will live in the country once the sponsored spousebecomes a permanent resident.
- The sponsor must sign an undertaking which would state that they would provide for the basic requirements of the sponsored spouse for at least three (3) years and help them in establishing in Canada.
- The sponsor must NOT be previously sponsored by a spouse or common law partner and became a Permanent Resident themselves less than five years ago.
- The sponsor must NOT have any previously sponsored spousal or common law partner undertaking in effect.
- The sponsor must NOT be on social assistance for a reason other than a disability or in default of a previous sponsorship undertakings if any or bankrupt or in process of a bankruptcy proceeding.
- The sponsor must NOT have any pending application to sponsor your current spouse or be in any spousal/ common law relationship with another person at the time of application or during the processing of application.
- The sponsor must NOT be convicted of a violent or sexual offence or currently in jail or under a removal order (if a permanent resident).
- Both sponsor and sponsored person must sign an agreement that confirms their understandingof their mutual obligations and responsibilities.
- In case of intention to live is in Quebec, certain additional requirements must be met.
A spouse or common law partner who is being sponsored by a Canadian or a PR or a Registered Indian family member, usually do not have to meet any selection criteria but there are few requirements for the sponsored person:
- The sponsored person must be at least 16 years of age.
- The sponsored person must not be too closely related by blood to the sponsor.
- The sponsored person must be medically examined and must not be inadmissible.
The spousal sponsorship application must besubmitted to processing office in Canada that is responsible for these application as per IRCC at any given time. The spousal sponsorship is a two-step process. First the sponsorship application is decided and then permanent residency application for sponsored spouse is processed. The spouse or partner sponsorship has two options:
- Overseas sponsorship application – For spouses or partners living outside of Canada.
- In-land sponsorship application – For a spouses or partners who are living in Canada. Applicants under this category may also be eligible to apply for a work permit when the sponsorship application is filed.
- For the In-land sponsorship application there is no right to appeal in Immigration Appeal Division of Immigration and Refugee Board.
If Permanent Resident application is accepted by the Canadian government, sponsored spouse or common law partner will have the privilege of becoming a Permanent Resident of the country. The privileges that they can enjoy as a Permanent Resident include all which are enjoyed by a Canadian Citizen, except the right to vote or join the military. Apart from that, they will also be eligible to apply for a Canadian Citizenship after fulfilling the eligibility requirements as a Permanent Resident of the country.
- They are under 22 years old, and
- They do not have a spouse or common-law partner.
Children 22 years old or older qualify as dependants if they meet both of these requirements:
- They have depended on their parents for financial support since before the age of 22, and
- They are unable to financially support themselves because of a mental or physical condition.
For a person to be eligible for dependent children sponsorship, there are certain requirements that sponsor need to fulfill:
- The sponsor must be at least 18 years old and a Canadian Citizen or a Permanent Resident or a Registered Indian.
- The sponsor and sponsored personmust be in genuine relationship not in a relationship of convenience to gain immigration status.
- A Canadian citizen not residing in Canada can be eligible for sponsoring their dependent children if they can demonstrate that they will live in the country once the dependent children become a permanent resident.
- The sponsor must sign an undertaking which would state that they would provide for the basic requirementsfor 10 years from the day their dependent child under 22 years of age becomes a permanent resident, or until the child becomes 22 years old, whichever comes first. Length of undertaking is 3 years from the day your dependent child over 22 years of age becomes a permanent resident.
- The sponsor must NOT be on social assistance for a reason other than a disability or in default of a previous sponsorship undertakings if any or bankrupt or in process of a bankruptcy proceeding.
- The sponsor must NOT be convicted of a violent or sexual offence or currently in jail or under a removal order (if a permanent resident).
- In case of intention to live is in Quebec, certain additional requirements must be met.
Dependent children who are being sponsored by a Canadian or a PR or a Registered Indian family member, usually do not have to meet any selection criteria but must be medically examined and must not be inadmissible. The Sponsored Person must be either:
- The biological child of the parent if the child has not been adopted by a person other than the spouse or common-law partner; or
- The adopted child of the parent.
For each dependent child, a separate sponsorship application must be submitted to processing office in Canada that is responsible for these application as per IRCC at any given time. The dependent children sponsorship is a two-step process. First the sponsorship application is decided and then permanent residency application for dependent children is processed. If Permanent Resident application is accepted by the Canadian government, sponsored dependent children will have the privilege of becoming a Permanent Resident of the country. The privileges that they can enjoy as a Permanent Resident include all which are enjoyed by a Canadian Citizen, except the right to vote or join the military. A part from that, they will also be eligible to apply for a Canadian Citizenship after fulfilling the eligibility requirements as a Permanent Resident of the country.
For a person to be eligible for Parents or Grandparents sponsorship, there are certain requirements that sponsor need to fulfill:
- The sponsor must be at least 18 years old and a Canadian Citizen or a Permanent Resident or a Registered Indian.
- The sponsor and sponsored person must be in genuine relationship not in a relationship of convenience to gain immigration status.
- The sponsor must meet or exceed the Minimum Necessary Income (MNI) i.e. Low Income Cut Off (LICO) plus 30% for the three (3) previous years.
- The sponsor must sign an undertaking which would state that they would provide for the basic requirements for 20 years from the day their parents or grandparents becomes a permanent resident.
- If their parents or grandparents have dependent child then undertaking of 10 years for those dependent children under 22 years of age from they the day becomes a permanent resident, or until the child becomes 22 years old, whichever comes first. Length of undertaking is 3 years from the day your dependent child over 22 years of age becomes a permanent resident.
- The sponsor must NOT be on social assistance for a reason other than a disability or in default of a previous sponsorship undertakings if any or bankrupt or in process of a bankruptcy proceeding.
- The sponsor must NOT be convicted of a violent or sexual offence or currently in jail or under a removal order (if a permanent resident).
- Both sponsor and sponsored person must sign an agreement that confirms their understanding of their mutual obligations and responsibilities. (Dependent children under age 19 do not have to sign the agreement).
- In case of intention to live is in Quebec, certain additional requirements must be met.
The parents or grandparents who are being sponsored by a Canadian or a PR or a Registered Indian family member, usually do not have to meet any selection criteria but must be medically examined and must not be inadmissible. The Sponsored Person must be parent or grandparent of sponsor and their dependents, if any.
The parents or grandparents sponsorship application must be submitted to processing office in Canada that is responsible for these application as per IRCC at any given time. The Parents or Grandparents sponsorship is a two-step process. First the sponsorship application is decided and then permanent residency application for parents or grandparents is processed.
If Permanent Resident application is accepted by the Canadian government, sponsored parents orgrandparents will have the privilege of becoming a Permanent Resident of the country. The privileges that they can enjoy as a Permanent Resident include all which are enjoyed by a Canadian Citizen, except the right to vote or join the military. Apart from that, they will also be eligible to apply for a Canadian Citizenship after fulfilling the eligibility requirements as a Permanent Resident of the country.
Lonely Family Member:
Under the current laws, Canadian immigration allows a Canadian citizen or a permanent resident or a registered Indian to sponsor their close relative of any age (referred as Lonely Member Class) in family class immigration if they meet the requirements to sponsor in place at any given time and relationship between them is established. Sponsor must NOT:- Have a living relative you could sponsor instead, such as a:
- Spouse or common-law partner or conjugal partner
- Children
- Parent
- Grandparent
- Brother or sister
- Uncle or aunt
- Nephew or niece
- Have any of the above-named relatives who is:
- A Canadian citizen
- A permanent resident
- A registered Indian under the Indian Act
For a person to be eligible for Close Relative – any age sponsorship, there are certain requirements that sponsor need to fulfill:
- The sponsor must be at least 18 years old and a Canadian Citizen or a Permanent Resident or a Registered Indian.
- The sponsor and sponsored person must be in genuine relationship not in a relationship of convenience to gain immigration status.
- The sponsor must meet the Low Income Cut-Off (LICO) which is normally required for last 12 months.
- The sponsor must sign an undertaking which would state that they would provide for the basic requirementsfor between 3 year – 10 years from the day their relative and relative’s dependent family members become permanent resident depending on sponsored person’s age and relationship to sponsor.
- The sponsor must NOT be on social assistance for a reason other than a disability or in default of a previous sponsorship undertakings if any or bankrupt or in process of a bankruptcy proceeding.
- The sponsor must NOT be convicted of a violent or sexual offence or currently in jail or under a removal order (if a permanent resident).
- In case of intention to live is in Quebec, certain additional requirements must be met.
Close Relative – any age who is being sponsored by a Canadian or a PR or a Registered Indian family member, usually does not have to meet any selection criteria but must be medically examined and must not be inadmissible. The Sponsored person must berelated by blood or adoption to sponsor. This sponsorship application must be submitted to processing office in Canada that is responsible for these application as per IRCC at any given time. The Close Relative – any age sponsorship is a two-step process. First the sponsorship application is decided and then permanent residency application for Close Relative – any age is processed. If Permanent Resident application is accepted by the Canadian government, Close Relative – any agewill have the privilege of becoming a Permanent Resident of the country. The privileges that they can enjoy as a Permanent Resident include all which are enjoyed by a Canadian Citizen, except the right to vote or join the military. Apart from that, they will also be eligible to apply for a Canadian Citizenship after fulfilling the eligibility requirements as a Permanent Resident of the country.
Orphaned Child Under 18-year Sponsorship
Under the current laws, Canadian immigration allows a Canadian citizen or a permanent resident or a registered Indian to sponsor theirclose relative who are orphaned child Under 18years of age in family class immigration if they meet the requirements to sponsor in place at any given time and relationship between them is established.
For a person to be eligible for Close Relative – Orphan Child under 18-yearsponsorship, there are certain requirements that sponsor need to fulfill:
- The sponsor must be at least 18 years old and a Canadian Citizen or a Permanent Resident or a Registered Indian.
- The sponsor and sponsored personmust be in genuine relationship not in a relationship of convenience to gain immigration status.
- The sponsor must meet the Low Income Cut-Off (LICO) which is normally required for the last 12 months.
- The sponsor must sign an undertaking which would state that they would provide for the basic requirementsfor 10 years from the day their orphanchild under 22 years of age becomes a permanent resident, or until the child becomes 22 years old, whichever comes first.
- The sponsor must NOT be on social assistance for a reason other than a disability or in default of a previous sponsorship undertakings if any or bankrupt or in process of a bankruptcy proceeding.
- The sponsor must NOT be convicted of a violent or sexual offence or currently in jail or under a removal order (if a permanent resident).
- In case of intention to live is in Quebec, certain additional requirements must be met.
Orphan child under 18 years who isbeing sponsored by a Canadian or a PR or a Registered Indian family member, usually does not have to meet any selection criteria but must be medically examined and must not be inadmissible. The Sponsored Child must be:
- Orphaned
- Under 18
- Without a:
- Spouse or Conjugal Partner or Common-law Partner.
- Related to sponsor by blood or adoption, such as:
- Brothers or Sisters.
- Nephews or Nieces.
- Grandchildren.
This sponsorship application must be submitted to processing office in Canada that is responsible for these application as per IRCC at any given time. The orphanchild sponsorship is a two-step process. First the sponsorship application is decided and then permanent residency application for dependent child is processed.
If Permanent Resident application is accepted by the Canadian government, the sponsored orphanchild will have the privilege of becoming a Permanent Resident of the country. The privileges that they can enjoy as a Permanent Resident include all which are enjoyed by a Canadian Citizen, except the right to vote or join the military. Apart from that, they will also be eligible to apply for a Canadian Citizenship after fulfilling the eligibility requirements as a Permanent Resident of the country.
There are a number of requirements that need to be met before a sponsor can sponsor their family members in these ever- changing PNP streams. It is very difficult to list all streams with their requirements.We will evaluate every case on their merit and will provide the options that will meet the individual immigration goals and needs of each of our clients.
If Permanent Resident application is accepted by the Canadian government, sponsored family members will have the privilege of becoming a Permanent Resident of the country. The privileges that they can enjoy as a Permanent Resident include all which are enjoyed by a Canadian Citizen, except the right to vote or join the military. Apart from that, they will also be eligible to apply for a Canadian Citizenship after fulfilling the eligibility requirements as a Permanent Resident of the country.
