Eligibility Requirements for Family Sponsorship in Canada

Eligibility Requirements for Family Sponsorship in Canada

Canada’s immigration system prioritizes family reunification, and the Family Sponsorship Program is a key part of this commitment. It allows Canadian citizens and permanent residents to sponsor certain family members, such as spouses, parents, children, and others, for permanent residency. If you’re considering sponsoring a family member to come to Canada, it’s essential to understand the eligibility requirements.

This guide outlines the eligibility criteria for both sponsors and applicants under Canada’s Family Sponsorship Program, as well as the application process.

Eligibility for Sponsors

To be eligible to sponsor a family member, you, as the sponsor, must meet certain criteria. These requirements are in place to ensure that you can support your sponsored family member financially and that you can take responsibility for them once they arrive in Canada.

  1. Canadian Citizenship or Permanent Residency:
    • You must be a Canadian citizen or a permanent resident of Canada.
    • If you are a Canadian citizen living outside of Canada, you can still sponsor your family member. However, you must intend to return to Canada when your relative immigrates.
    • If you are a permanent resident, you must be living in Canada to sponsor your family member. You cannot sponsor a relative if you are outside of Canada.
  2. Minimum Age:
    • You must be at least 18 years old to sponsor a family member. This is to ensure that the sponsor can legally take on the financial and legal responsibilities associated with the sponsorship.
  3. Financial Capability:
    • You need to demonstrate that you have enough financial resources to support the family member you are sponsoring. This means that you must have an income that meets or exceeds the Low Income Measure (LIM), also known as the Minimum Necessary Income (MNI).
    • The financial requirements depend on the number of family members you are sponsoring and your household size. This includes you, your spouse or partner, any dependent children, and the family member(s) you are sponsoring.
    • You must also be able to prove that you can financially support your family member(s) for a certain period. For example, if you are sponsoring a spouse, you will be responsible for supporting them for 3 years. The length of the financial responsibility can vary depending on the type of sponsorship.
  4. No Criminal Record or Serious Issues:
    • You must not have a criminal record or be involved in any criminal activity that would make you inadmissible to Canada.
    • If you have received social assistance, except for reasons related to a disability, you may be ineligible to sponsor a family member.
    • If you have failed to meet the financial requirements in a previous sponsorship, you may not be eligible to sponsor again until you fulfill your financial responsibilities.
  5. Undertaking and Agreement:
    • As a sponsor, you are required to sign an undertaking that commits you to financially support your family member once they arrive in Canada. This means you will ensure that your family member does not need to rely on government assistance.
    • The length of the undertaking varies based on the type of sponsorship. For example, if you’re sponsoring a spouse, it could be 3 years, while for parents or grandparents, it could be 20 years.

Eligibility for Applicants (Sponsored Family Members)

The family members you are sponsoring must also meet specific criteria to be eligible for sponsorship. The requirements depend on the type of family member you are sponsoring.

  1. Relationship to the Sponsor:
    • The family member you wish to sponsor must be an eligible relative under the Family Sponsorship Program. The most common relationships include:
      • Spouse, Common-Law Partner, or Conjugal Partner: These individuals must be in a genuine relationship with the sponsor and meet the definition of “spouse” or “partner” under Canadian immigration law.
      • Dependent Children: To be eligible, children must be under 22 years old and not married or in a common-law relationship. If the child is over 22, they may still be eligible if they are financially dependent on their parents due to a medical condition.
      • Parents and Grandparents: Canadian citizens and permanent residents can sponsor their parents and grandparents to live permanently in Canada, subject to the annual quota.
      • Other Relatives: In rare cases, Canadian citizens or permanent residents may sponsor other family members, such as orphaned siblings, nieces, nephews, and grandchildren, if they are unable to support themselves financially.
  2. Health and Security Requirements:
    • The family member(s) you are sponsoring must undergo a medical exam to ensure they do not have any health conditions that pose a risk to public health in Canada.
    • They must also provide a police certificate from their home country to show that they do not have a criminal record. Certain security checks may also be conducted to determine admissibility.
  3. Not Inadmissible:
    • The family member being sponsored cannot be inadmissible to Canada for any reason, such as past criminal activity, serious health issues, or immigration violations. In some cases, an individual who has been previously deported or convicted of a serious crime may be barred from entering Canada.

The Application Process for Family Sponsorship

The application process for sponsoring a family member to Canada can be complex, involving several steps. Here’s an overview of what to expect:

  1. Step 1: Determine Eligibility: Before submitting an application, both you and your family member should ensure you meet the eligibility requirements.
  2. Step 2: Submit the Application: You will need to complete several forms and provide documentation, including proof of your relationship with the family member and financial documents proving you meet the Minimum Necessary Income (MNI).
  3. Step 3: Wait for Processing: Once the application is submitted, it will be reviewed by Immigration, Refugees, and Citizenship Canada (IRCC). Processing times can vary, but typically it can take anywhere from several months to over a year for the application to be processed.
  4. Step 4: Receive a Decision: If the application is approved, your family member will receive a Confirmation of Permanent Residence (COPR), and they can make plans to move to Canada.
  5. Step 5: Finalizing the Process: Once your family member arrives in Canada, they will need to complete a short landing procedure at the port of entry, where they will officially become a permanent resident.

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