Canada Immigration: Sponsor your Spouse and Children

By Eva Olsen [Published 21 Apr, 2022 | 05:43 AM] 1096

Do you know that Canada's citizens and permanent residents can sponsor their immediate family members for Canadian immigration?

As the sponsor, you must fulfil certain qualifying requirements. For example, you must be at least 18 years old, have Canadian citizenship, permanent residency, or Indian status (as defined by the Indian Act), demonstrate that you are not receiving social assistance, and be financially capable of supporting your family.

There are a few additional particular requirements as well. For example, suppose you are a Canadian citizen requesting to sponsor your family from outside Canada. In that case, you must show that you intend to return after Immigration, Refugees, and Citizenship Canada (IRCC) issues a judgement on your application. Permanent residents are required to sponsor their spouses from within Canada. Various factors may exclude you from getting sponsored, such as not being dismissed from bankruptcy.

Spousal Sponsorship

In terms of who you can sponsor via this program, Canada recognizes three sorts of partners: spouses, common-law partners, and conjugal partners. You can also sponsor your children who are financially reliant on you. Spouses must be wedded to their sponsor in a public ceremony. Virtual marriages are not recognized on immigration grounds. Common-law partners must show that they have been living together for at least 12 months.

Conjugal partners are people who live outside of Canada and have been in a relationship for at least a year. They must show that legal or societal hurdles prohibit them from marrying or living together. You cannot sponsor a conjugal spouse who is a Canadian citizen. In all situations, your companion must be at least 18 years old. In addition, IRCC will conduct medical and background security investigations to ensure that your spouse is allowed. People with criminal records are frequently denied entry into Canada; however, there may be ways to overcome criminal inadmissibility.

The immigration officer who is working on your case will also want to see proof that you and your partner are in a real relationship. They want to allow those who are coming to Canada for family reunification rather than people who are marrying for the sole goal of obtaining Canadian citizenship.

Sponsorship for Dependent Children

Children are considered dependents if they are under the age of 22 and do not have a spouse or common-law partner. In addition, they may qualify as dependants if they are 22 or older and are unable to financially support themselves due to a mental or physical ailment and have relied on their parents for financial assistance since before the age of 22.

If your child turns 22 while their application is being processed, they may still be considered dependent. They must, however, continue to follow all of the previously indicated conditions until IRCC completes the application.

You can sponsor your own child as well as your partner's child. If you are a Canadian citizen, your kid may be a citizen as well, even if they were not born in Canada. If you have not already done so, you may need to apply for Proof of Citizenship for your foreign-born kid. If your child is already a citizen, you do not need to sponsor them.

If you are sponsoring your spouse and a dependent kid, you will list your partner as the primary applicant and the youngster as the dependent on the application.

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If a dependent child also has a dependent child (your grandchild), they might be included in the application as well.

If your own kid does not meet the citizenship requirements and you wish to sponsor them without supporting your partner, you can list your child as the primary candidate in the application. You must show that the other parent or legal guardian agrees to let your kid relocate to Canada.

Supporting adopted children and orphaned family members is not the same as sponsoring your own or your partner's child. To sponsor your spouse, partner, or kid, you must submit your application to become a sponsor and your family's application for permanent residency. Both the sponsorship and permanent residency applications must be submitted concurrently. If you live in Quebec, you must go through a separate sponsorship process.

The initial step is to obtain the application package. In the entire guide, the government gives an application guide with precise and up-to-date information and directions on how to fill out forms. Foreign nationals' necessary documentation will vary depending on their resident status, where they are applying from, and maybe even their travel history.

In addition to the application materials, IRCC provides a documentation checklist that lists the papers and instructions required for your application. This list is subject to change, so double-check before submitting all papers. Again, various nations' form needs will vary. When IRCC receives your entire application, the processing begins. If the officer discovers that your application is incomplete, he or she will return it to you, and you will have to resubmit it.

The IRCC has a 12-month processing time for spousal sponsorship applications; however, this may be extended. Children's applications differ per nation. IRCC requests biometrics and a medical exam from overseas candidates during the processing time. You will have 30 days to submit them. At any time, IRCC may request further information or an in-person interview.

Until IRCC makes a judgement on your application, you can follow and amend its status online. In addition, the IRCC will offer you guidance on how to complete the last stages for the foreign spouse or common-law partner to become a permanent resident.

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