Immigrating to Canada/Family Class

From Wikibooks, open books for an open world
Jump to navigation Jump to search

The Family Sponsorship program is designed to allow Canadians to bring members of their family or significant others into the Country. The focus on this application is to prove that the relationship is of an acceptable type and is genuine.

Sponsorship Types[edit | edit source]

There are several types Family sponsorships. A person may sponsor any of the following people:

  • spouse,[1] common-law partner[2] or conjugal partner.[3]
  • parents or grandparents
  • dependent children including adopted
  • other children who are under the sponsor's guardianship
  • orphaned brothers, sisters, nephews, nieces, or grandchildren [4]

Dependent Children[edit | edit source]

Dependent children means any child who is either:

  • under 22 years, unmarried on the date the application is submitted and is unmarried on date the child lands in Canada;
  • financially dependent on parents due to enrollment and attendance in a full-time educational institution since the age of 22 or since the date of marriage, if married under 22; or
  • dependant due to mental or physical disability.

Any interruption in full-time studies for under a year in total will not affect dependant status.

Eligibility[edit | edit source]

Requirements for sponsor:

  • over 18 years old
  • Permanent Resident or Canadian Citizen
  • live in Canada
  • income above "Low Income Cut-off" level.[5]
  • not on social assistance except for disability
  • not in default on a previous sponsorship
  • not in prison
  • not an undischarged bankrupt
  • not under a deportation order

The application for this visa is made to a visa office outside of Canada. The applicant for a Parents and Grandparents Super Visa must meet certain criteria.

Firstly, the applicant must me eligible for a regular visitor visa. This means that besides being in good health and having a valid travel document, the applicant must satisfy a Canadian immigration official that they will willingly leave the country at the end of their authorized stay, that they have sufficient ties to their home country such as a job, family or property, and that they have sufficient funds available to support themselves for the length of their stay.Parent and Grandparents Super Visa

Sponsor's Responsibilities[edit | edit source]

Sponsoring is a major commitment. For a period of 3 to 10 years, the sponsor is required to, among other things:

  • provide the Applicant with basic living requirements and essential needs where the applicant cannot do so for his or herself.[6]
  • ensure that Applicant does not have to apply for social assistance

Once the sponsorship has begun it cannot be cancelled in cases of divorce, separation, or relathionship breakdown.

Minimum Threshold income[edit | edit source]

The Sponsor must have a minimum income, known as the "Low Income Cut-Off" except where it is a spousal sponsorship.

Co-signer[edit | edit source]

A co-signer may be used when sponsoring a non-spouse in order to reach the Minimum Income requirement. The co-signer must be a spouse, common-law partner, or conjugal partner.

Process[edit | edit source]

Forms[edit | edit source]

Two sets of forms are needed, those relating to the sponsorship and the standard Permanent Residency forms.

For who Form
Sponsorship forms
Sponsor Application to Sponsor and Undertaking [1] [IMM 1344A]
Both Sponsorship Agreement [2] [IMM 1344B]
Sponsor Sponsorship Evaluation [3] [IMM 5481] [7]
Sponsor Sponsor Questionnaire [IMM 5540]
Both Statutory Declaration of Common-Law Union [4] [IMM 5409] (Optional)
Both Document Checklist [5] [IMM 5491]
Primary
Applicant(PA)
Medical Condition Statement [6]
PA Security Check
Permanent Residency forms
PA Application for Permanent Residence [IMM 0008 GENERIC]
PA Schedule 1 Background/Declaration [IMM 0008 SCHEDULE 1]
PA Additional Family Information [IMM 5406]
PA Sponsored Spouse/Partner Questionnaire [IMM 5490]
PA Additional Family Information [IMM 5406]
Other
Use of a Representative [IMM 5476] (Optional)
Type IMM 1344A (undrtkng) IMM 1344B (spsr agr) IMM 5481 (spsr eval) IMM 1283 (fin eval) IMM 5540 (spsr quest)[7] IMM 5476 (rep) IMM 5285 (prntr Q) IMM 5443 (cklist) IMM 5481 IMM 5401 (rcpt) IMM 0008 (PR) IMM 5002 (PR) IMM 5490 (prtnr Q) IMM 5406 (addl fam info) Sch 1 (bkgrd)
Spouse/Partner in Canada * (opt)
Spouse/Partner outside Canada * (opt)
Parent/Grandparent/adopted in Canada

Documents[edit | edit source]

The Sponsor must provide several documents.

1) A photocopy of one of the following:

  • Record of Landing
  • Permanent Resident Card (both sides)
  • Canadian Citizenship Card (both sides)
  • Canadian Birth certificate
  • Canadian passport

2) One of the following:

  • An Option-C tax print out. One can be obtained from a local Revenue Canada Office.
  • proof of income.

3) original letter of employment.

if there is a co-signer

  • photocopy of marriage certificate

if divorced

  • photocopy of divorce certificate

if Applicant is a parent

  • photocopy of birth certificate

if Sponsoring an adopted child

  • photocopy of adoption order

Inside/Outside Canada[edit | edit source]

There are two modes of applying under the family class. A Applicant can be sponsored from inside Canada or from outside Canada. There are separate application Guides for each steam. The big difference between the two is that applications inside Canada cannot be appealed if refused. Also, the location and speed at which the application is processed is different, and the method of payment is different. Applications inside Canada can be paid online or with a CIC bank receipt. Applications outside of Canada can be paid online or with an international money order.

Mailing[edit | edit source]

The completed applications of the Sponsor and Applicant the documents, and the payment receipt should be sent to the processing center.[8]

If family status changes, such as marriage, divorce, birth, death, contact address or number, either the sponsor or applicant must call the processing center to inform them of the changes.

Processing Times[edit | edit source]

Fees[edit | edit source]

There are two types of fees, the Processing Fee and Permanent Residence Fee. Only the Processing Fee needs to be paid immediately, however, both fees may be paid at once.

Amount By whom
Processing Fees (paid immediately)
$75 Sponsor Application
$475
or $75 (if under 22 yrs)
Principal Applicant
$550 each
or $150 each (if under 22 yrs)
Accompanying family members
Permanent Resident Fees (paid upon acceptance)
$490 Principle Applicant

So, for example. a sponsorship of a spouse over 22 years will be $550 for processing and $490 for the PR fees for a total of $1040.

Notes[edit | edit source]

  1. any marriage recognized by Canadian law
  2. must be cohabitating in a conjugal relationship for at least one year
  3. conjugal relationship for over one year with a foreign national outside of Canada
  4. must be under 18 and not married or in a conjugal relationship
  5. does not apply for sponsoring spouse
  6. this includes health, eye care, dental, food, clothing shelter
  7. do not fill if spouse/partner has dependent child has a dependent child
  8. Inside Canada: Vegreville
    outside Canada: Missisauga