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!

How does It works

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:

  1. The sponsor must be at least 18 years old and a Canadian Citizen or a Permanent Resident or a Registered Indian.
  2. The sponsor and sponsored person must be in genuine relationship not in a relationship of convenience to gain immigration status.
  3. 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.
  4. 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.
  5. 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.
  6. The sponsor must NOT have any previously sponsored spousal or common law partner undertaking in effect.
  7. 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.
  8. 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.
  9. 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).
  10. Both sponsor and sponsored person must sign an agreement that confirms their understandingof their mutual obligations and responsibilities.
  11. 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:

  1. The sponsored person must be at least 16 years of age.
  2. The sponsored person must not be too closely related by blood to the sponsor.
  3. 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.

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