::Frequently Asked Questions - Family Sponsorship::

4.1. What is the definition of a Family Member applicant?
4.2. Who qualifies for immigration under the Family Class?
4.3. What is the definition of Dependent Child?
4.4. What if the dependents will not accompany the Family Class applicant to Canada?
4.5. Can I sponsor my relative from within Canada instead of going through the entire process from abroad ?
4.6.What financial criteria must be satisfied to qualify as a sponsor?
4.7. What does "Essential Needs" mean?
4.8. What if the sponsor does not have the requisite financial ability?
4.9. What other criteria must the sponsor satisfy?
4.10. As a sponsor, what obligations are there toward the government?
4.11. Can the "Undertaking to Assist a Member of the Family Class" be revoked or modified?
4.12. What if the sponsor does not fulfill the terms of the "Undertaking to Assist a Member of the Family Class"?
4.13. What other agreements must the sponsor enter into?
4.14. Where is the Application to Sponsor submitted?
4.15. Where is the Family Class Immigrant's application submitted?
4.16. Can a Family Class Immigrant work or study in Canada while the application is being processed?
4.17. Must Family Class Immigrants and Sponsors attend interviews with immigration officials?
4.18. How long will the entire sponsorship process take?
4.19. I sponsored my spouse before June 28, 2002 and the undertaking is for 10 years. Will it be reduced to three years after June 28, 2002 ?

4.1. What is the definition of a Family Member applicant?

Canadian citizens and permanent residents living in Canada, 18 years of age or older, may sponsor close relatives or family members who want to become permanent residents of Canada.

4.2. Who qualifies for immigration under the Family Class?

You can sponsor relatives or family members from abroad if they are:

• spouses, common-law or conjugal partners 16 years of age or older;
• parents and grandparents;
• dependent children, including adopted children;
• children under 18 years of age whom you intend to adopt;
• children under guardianship;
• brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship; or
• you may also sponsor one relative of any age if you do not have an aunt, uncle or family member from the list above who you could sponsor or who is already a Canadian citizen, Indian or permanent resident.
  

4.3. What is the definition of Dependent Child?

For Canadian Immigration purposes, a son or daughter is dependent when the child:

• is under the age of 22 and does not have a spouse or common-law partner;
• is a full time student and is substantially dependent on a parent for financial support since before the age of 22, or since becoming a spouse or common-law partner (if this happened before age 22); or
• is financially dependent on a parent since before the age of 22 because of a disability.
  

4.4. What if the dependents will not accompany the Family Class applicant to Canada?

All of the principal Family Class applicant's dependents are required to pass applicable police and security clearances, and medical examinations, whether they are accompanying the principal Family Class applicant or not.

4.5. Can I sponsor my relative from within Canada instead of going through the entire process from abroad ?

You may sponsor your spouse or common-law partner from within Canada if you have been living together in Canada. Your spouse and common-law partner must maintain legal status in Canada during the application process.

For humanitarian and compassionate reasons, certain Family Class Immigrants are allowed to submit their applications for permanent residence from within Canada. To qualify, an immigration official will have to be convinced that the Family Class Immigrant would suffer excessive hardship in applying for permanent residence from outside of Canada.

4.6.What financial criteria must be satisfied to qualify as a sponsor?

The sponsor must be able to demonstrate the financial ability to provide for the essential needs of the Family Class applicant and dependents (sponsored family members).

The financial ability requirements may not apply where the sponsored individual is a spouse and/or one or more dependent children.

4.7. What does "Essential Needs" mean?

The sponsor and co-signing spouse (if applicable) have to provide the sponsored family members with food, clothing, shelter and other basic requirements of everyday living. This includes dental and eye care and other health needs not covered by public health services available to Canadian citizens and permanent residents.

The obligation to provide for the essential needs of the sponsored relatives will only arise if the sponsored relatives are unable to provide for these means on their own.

4.8. What if the sponsor does not have the requisite financial ability?

The spouse of the sponsor may act as a co-signor if the sponsor does not have the required financial ability. In such case, the spouses' combined financial abilities will be assessed, and the co-signing spouse will be equally liable in case of default. The co-signing spouse may be a common-law spouse, provided that the common-law couple has been living together for at least one year.

If the combined financial abilities of the sponsor and the co-signing spouse still do not meet the minimum requirements, then the application for sponsorship will be refused.

The foregoing financial requirements may not apply where the individual being sponsored is a spouse and/or one or more dependent children.

4.9. What other criteria must the sponsor satisfy?

The sponsor must be a Canadian citizen or permanent resident; at least 19 years old; physically reside in Canada (or demonstrate an intention to reside in Canada by the time the sponsored family member lands in Canada); not be in prison; not be bankrupt; and not be under a removal order if a permanent resident.

4.10. As a sponsor, what obligations are there toward the government?

The sponsor and the sponsor's co-signing spouse (if applicable) are obliged to sign an "Undertaking to Assist a Member of the Family Class" with the Government of Canada. The signed document is a promise to provide for the essential needs of the sponsored family members for a period of 10 years following landing in Canada.

The purpose of this agreement is to ensure that the sponsored family members do not become dependent on Canadian public welfare assistance. The form of agreement is provided by the Canadian Government. A similar provincial form is provided for sponsors who reside in Quebec, with the notable difference that the duration of the commitment is only three years in the case of sponsored spouses.

4.11.Can the "Undertaking to Assist a Member of the Family Class" be revoked or modified?

The “Undertaking to Assist a Member of the Family Class” once made cannot be cancelled or modified by the sponsor at any time after the sponsored family members have landed in Canada.

4.12. What if the sponsor does not fulfill the terms of the "Undertaking to Assist a Member of the Family Class"?

Failure to meet any of the commitments provided for in the “Undertaking to Assist a Member of the Family Class” could result in legal action being taken against the sponsor and the co-signer.

4.13. What other agreements must the sponsor enter into?

The sponsor is obliged to enter into a sponsorship agreement with the sponsored family member(s). By signing this agreement, the sponsor agrees to provide for the essential needs of the sponsored family member(s).

4.14. Where is the Application to Sponsor submitted?

The Canadian sponsor submits the application to Immigration Canada's Case Processing Centre located in Mississauga, Ontario.

4.15. Where is the Family Class Immigrant's application submitted?

The Family Class Immigrant's application is an Application For Canadian Permanent Residence In Canada and as a general rule it is submitted to a Canadian Visa Office located outside of Canada. If the intended destination is within the Province of Quebec, an additional application for a Quebec Selection Certificate is submitted to the Quebec Government.

4.16. Can a Family Class Immigrant work or study in Canada while the application is being processed?

While waiting for their Immigrant Visas, Family Class Immigrants are allowed to work or study in Canada only if they have been granted an Employment Authorization or Student Authorization. Family Class Immigrants entitled to apply for permanent residence from within Canada can apply for an open Employment Authorization after their applications have been approved in principle by immigration officials.

4.17. Must Family Class Immigrants and Sponsors attend interviews with immigration officials?

In certain cases, immigration officials will convene Family Class Immigrants and their dependents for a selection interview. The main purpose of the interview is to satisfy the immigration official as to the family relationship to the Canadian sponsor. In other cases, the Canadian sponsor may be interviewed in Canada to verify financial ability and to confirm family relationship. In some cases, however, no interviews take place.

4.18. How long will the entire sponsorship process take?

The length of the sponsorship process varies depending on the Visa Office to which the Family Class Immigrant's application is submitted. Sponsorship cases are a priority at all Visa Offices and such applications are processed ahead of skilled worker applications and applications under the Business Immigration Program.

4.19. I sponsored my spouse before June 28, 2002 and the undertaking is for 10 years. Will it be reduced to three years after June 28, 2002 ?

No. The length of the undertaking remains at 10 years and will not be reduced to three years. This applies to all undertakings entered into prior to June 28, 2002 whether or not your spouse has obtained permanent resident status or the sponsorship application and the immigrant visa are still pending.