Family Sponsorship Immigration
The second leading immigration class in Canada is a Canada’s Family Class and it is a fantastic choice for the fresh or new immigrants from all over the world.
The national or native of Canada or permanentcitizen holders whose age is more than 18 years can sponsor their family members residing outside Canada. However, in later stage the sponsored immigrants can get Canadianpermanent residency which permit them to reside, get education and work here.
Basic requirements for family sponsorship:
To be a sponsor:
- Sponsor must be 18 years of age or older.
- You must be a Canadian national, or a permanent inhabitant or an individual registered in Canada as an Indian under the Canadian Indian Act.
- Canadian sponsor and the sponsored relative must sign a sponsorship agreement that promises you to offermonetary assistance for your relative, if essential. This contract also says the person becoming a permanent resident will make every struggle to care her or himself.
- Depending on the individual you sponsor, supplementaryresponsibilities may be carry out.
Who you can sponsor:
- A wife/husband, a common-law partner or a conjugal partner
- Your dependent kids
- Your parents and grandparents
- Your brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, but under 18 years of age and not wedded or in a common-law connection
- Additionalfamily member of any age or association but only under precisecircumstances
- Definite accompanying relatives of the above
Definitions:
Spouse – You are a spouse husband or wife if you are wedded to your sponsor and your marriage is lawfullybinding.
Common-law partner – You are a common-law partner, whichever of the contrasting sex or same-sex if you have been residing together in a matrimonialassociation for at least one year unbroken (a one year period that was not disturbed). You will requireevidence that you and your common-law partner have joint your relationships and set up a family.
Conjugal partner – This group is for buddies, whichever of the differing sex or same-sex, where extraordinaryconditionsfurther than their control prohibited them from existing together and consequently cannot succeeding as common-law partners or spouses.
Dependent children – A son or daughter is dependent when the child:
- is below the age of 22 and does not have a husband/wife or common-law partner;
- isabove the age of 22 and depended largely on the fiscalassistance of a parent since earlier the age of 22 because of a physical or emotionalcircumstance.
Spousal Work Permit
Husband/wife and common-law partners who are in Canada may be permitted to work/job under the Spousal Open Work Permit, whereas their immigration applications are being decided.
It is necessary that when they apply or file a case for an open work permit, husband/wife or common-law partners must also be
- in a sincere relationship with their sponsor
- involved in an application for permanent residence of Canada, and have an Acknowledgement of Receipt (AOR) letter endorsing that their permanent residence application is being administered
- residing in Canada with their sponsor
Whereas the husband/wife or partner’s PR application is being processed, they must:
- retain lawful status as a temporary resident in Canada, and
- wait for their work permit application to be acceptedearlier starting to work or job
- If they previously have a work permit that is perishing, they can keep working as long as they uphold their position as a worker or employee.
Sponsorship Obligations or Responsibilities
Entirely sponsors are mandatory to sign an undertaking to offer the sponsored person with the fundamental necessities from the day they arrive Canada until the duration of the undertaking ends. The undertaking is an agreement between the sponsor(s) and Immigration, Refugees and Citizenship Canada (IRCC) that the sponsor or granter will refund the government for any social assistance payments made to the sponsored individual. Sponsors are bind to the undertaking contract for the entire duration of the treaty. Even in an amendment of situations such as matrimonial failure, parting, divorce, or an economic alteration in conditions.
In the case of a spouse or husband/wife, common-law partner or conjugal partner, a sponsor is obligatory to sign an undertaking. To repay the federal or provincial governments from the date in which they become a permanent resident for the period of three (3) years.
In situation when belonging or dependent kids are below the age of 22 years, of Canadian sponsor or the husband/wife, common-law partner, or conjugal partner, the responsibility begins on the day that the kid converts a permanent resident of Canada for the period of 10 years or until the kid touches the age of 25 years, either is prior. In the province, of Quebec, the span of this undertaking is different from other provinces.
In the case of a dependent kid above the age of 22 years, of the sponsor or the spouse or husband/wife, common-law partner, or conjugal partner, the responsibility starts on the day that the dependent kid converts a permanent resident, for a duration of three (3) years.
In the case of parents and grandparents, the sponsorship duty outspreads for a duration of 20 years from the date in which a family member got new status of a permanent resident of Canada. Similarly, for all other family members, the responsibility period stretched to10 years. However, in all sponsored cases the sponsor have real responsibilities and he will be bound to fulfill these responsibilities according to undertaken.
In 2011the Supreme Court of Canada, judgment of Attorney-General of Canada vs. Mavi, decided that whereas a sponsor’s responsibility to compensate the state for assistance collected or entertained by his or her relatives can be deferred in some conditions, it cannot be rubbed off the books completely.
Sponsors living outside Canada
In circumstances when a Canadian citizens is residing outside Canada may sponsor their husband/wife or spouse, common-law partner, conjugal partner or dependent kids without dependent kids of their own. Who has not been fond guilty of any crime affecting bodily harm or damage. Only if they are capable to proving that they will live in Canada after the sponsored person become permanent inhabitants.
Permanent residents of Canada who is living abroad may not sponsor their family members, from outside Canada. It is necessary that they must live in Canada during the sponsorship process according to the rules and regulation of Canada.
Moreover, a spouse or husband/wife or common-law partner in Canada may file an in-Canada application to sponsor their spouse or common-law partner if they are living together in Canada; then, the application must be filed through a visa office according to rule. These are parts that give rise to numerous difficulties and tests for sponsors.
Sponsors and sponsored person in Quebec:
Sponsor (guarantor): You can sponsor a near and dear relative who has not been sentenced of a crime causing bodily injury. If you are a Canadian citizen or permanent resident existing in Quebec, it is necessary that your age is a minimum 18 years or more than this and you fulfill the requirements or conditions of the sponsorship for Quebec province.
Sponsored person (close relative): You can sponsor for Canada:
• your spouse or husband/wife, common-law partner or conjugal partner
• your dependent kids
• your father, mother, grandfather or grandmother – Additional conditions apply
• your orphaned brother, sister, nephew, niece, grandson or granddaughter, who is under the age of 18, and single and do not have a common-law relationship
• A kid you plan to adopt or embrace (worldwide adoption).
In Quebec scenario the sponsor also give undertaken that he/she will assists the sponsored person learn French and right of entry public services in the province.
If anindividual being sponsored is between 18 and 55 years of age, the sponsor must fill and sign a welcome and assimilation plan in section 9 of the Undertaking form.