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CanadianImmigration:FamilySponsorshipPresented by:
Rathika Vasavithasan & Swathi SekharParkdale Community Legal Services1266 Queen Street West416-531-2411, ext. 260/258
Overview of Presentation1. Who can sponsor?2. Who can be sponsored? 3. How to prove a relationship4. Inadmissibility: medical, security, criminal5. Financial Issues: undertaking and fees6. Processing times7. What if my application is refused?8. Where can I get more help and information?
Who Can Sponsor? Canadian citizen or permanent resident Must live in or intend to reside in Canada 18 years or older Financially eligible
Minimum necessary income Cannot be in receipt of social assistance for a
reason other than disability
Financial Eligibility: Low Income Cut-offs (LICO)
SIZE OF THE FAMILY UNIT
MINIMUM NECESSARY INCOME
1 PERSON (THE SPONSOR) $ 22, 171
2 PERSONS $27, 601
3 PERSONS $33,933
4 PERSONS $41, 198
5 PERSONS $46,7272
6 PERSONS $52,699
7 PERSONS $58,673
More than 7 PERSONS, for each additional person add:
$5,974
Financial Eligibility: Exceptions You do not have to meet the minimum
income requirements if you are sponsoring: A spouse, common-law partner or conjugal partner who
has no dependent children A spouse, common-law partner or conjugal partner who
has a dependent child who has no dependent children A dependent child who has no dependent children A person under 18 who you intend to adopt in Canada
BUT you still cannot be receiving social assistance (unless it is ODSP)
Other Eligibility Requirements Cannot be in detention or subject to a removal
order Cannot have been convicted of a sexual
offence or a Criminal Code offence against any of your relatives or family members
Cannot be in default of any previous undertaking (more later)
Cannot be an un-discharged bankrupt
Who Can be Sponsored? Partner: spouse,
common-law or conjugal
Dependant child Parents and
grandparents Family member of a
sponsored person, such as dependant child of spouse or parent
Who Can be Sponsored? (2) But sometimes also:
Orphaned brothers, sisters, nieces, nephews, and grandchildren who are unmarried and under 18
Children under 18 that you plan to adopt If no close family in Canada, and you don’t have
any relatives abroad whom you can sponsor as members of the family class, then you can sponsor one relative regardless of age (e.g. siblings, etc.)
Sponsoring Your Partner: Spouse Spouse = married according to the law in the
country where the marriage took place. Must also be valid under Canadian law
E.g. same-sex partners can be sponsored as spouses if their marriage was legally recognized in the country where it took place
Sponsoring your Partner: Common-Law Common-law = lived together for an
continuous 12 month period in a relationship that is like a marriage (depend on each other, permanent, exclusive)
Short absences are okay (e.g. business trips) Need evidence that you have combined your
households
Sponsoring your Partner: Conjugal
Conjugal = marriage-like relationship for at least one year but you have been unable to live together due to exceptional circumstances
In most cases not able to marry partner
Sponsoring Your Dependent Child Biological or legally adopted child Under 22 and without a spouse or common-
law partner If your child is over 22 they must:
Be attending post-secondary school full-time since before the age of 22 and dependent financially on a parent
Be unable to provide for themselves due to a physical or mental disability
Genuine Relationship If sponsoring a spouse, a common-law or
conjugal partner, or an adopted child, you must show: (a) that the relationship is genuine; and (b) that you did not enter into it ONLY for
immigration purposes
How to Prove a Marriage is Genuine A marriage certificate Other documents include:
pictures, letters of support, proof of communication (copies of letters, emails, telephone records, etc.)
A marriage interview CIC may interview both of you separately to test
whether your relationship is genuine
How to Prove a Relationship: Child Birth certificates Other documents include:
Official documents (baptismal records, school records, hospital registries, old passports)
Photographs and sworn statements from non-family members
DNA testing- conclusive, but a last resort If you receive a request for DNA testing, seek
legal advice CIC may also interview you and your child
Medical Inadmissibility All relatives who you sponsor have to take
medical examinations They may be medically inadmissible if they
have a condition that: (a) is likely to be a danger to public health; (b) is likely to be a danger to public safety; (c) might reasonably be expected to cause
excessive demand on health or social services BUT…
“Excessive Demand” Exception Excessive demand does not apply to spouse,
common-law partner or dependent child of a sponsor
However, the “excessive demand” can still affect your ability to sponsor parents and grandparents as they tend to have more health issues
Inadmissibility: Security Risk & Criminality All sponsored persons have to undergo security
checks A person may be inadmissible on grounds of
security, human rights violations, serious criminality or organized criminality
A person may also be inadmissible on the grounds of misrepresentation.
Financial Issues: Sponsorship Undertaking As a sponsor, you sign an undertaking swearing
that you can provide for your relative for: 3 years for spouses 10 years for children OR until they reach 25 10 years for everyone else
The undertaking means that you will pay any social assistance they receive during that time
Financial Issues: Fees Sponsorship Application: $75 Principal Applicant (adult): $475 Principal Applicant (under 22 and “single”):
$75 A family member of the principal applicant:
over 22 or under 22 years of age and is married or in a common-law relationship: $550
under 22 and is not married or in a common-law relationship: $150
Fees (2) Right of Permanent Residence Fee - $490
Does not need to be paid when the sponsorship is filed but must be paid before the visa is issued overseas
Does not need to be paid by a dependant child of the principal applicant or sponsor, a child to be adopted, or an orphaned brother, sister, niece, nephew, or grandchild or by protected persons/Convention refugees
Processing Times Applications vary depending on type of
application and country submitted Generally the time period is from 1 to 2 or more
years: parents – much longer List of processing times online:
http://www.cic.gc.ca/english/information/times/index.asp
Special Rules for Refugees If you are found to be a “protected person” in
Canada and you apply for permanent residence, you SHOULD include your spouse, common-law partner, and dependent children in your application
If you do not include them you will be unable to sponsor them later
Special Rules for Refugees (2) These family members can be processed at
the same time as you if you include them on your application
Your family members can also apply within one year of you receiving permanent residence as family members of a protected person (the “one year window”)
If they miss this time period, you have to sponsor them using the regular application
What if My Application is Refused? If your sponsorship application is turned
down, you could get a lawyer who can take your case to the Immigration Appeal Division to argue against the refusal
You have 30 days from the time you received the negative decision to appeal
Where Can I Go for Legal Advice? Parkdale Community Legal Services
Open for intake: Mondays 2–6pm, Tuesdays 2–7pm, Thursdays 2–7pm, and Fridays 10–1pm and 2–5pm.
Tamil and Tibetan mini clinics: Mondays 2–6pm
Law reform and campaigns: Drop the Fee, Family Reunification
Where Can I Get More Information? Community Legal Education Ontario (CLEO)
Plain language information in various languages: www.cleo.on.ca/english/six/dosponsor.htm
Citizenship & Immigration Canada Application guides and forms:
www.cic.gc.ca/english/immigrate/sponsor/index.asp
Canadian Council for Refugees Problems with family reunification:
www.ccrweb.ca/reunificationen.html
Thank You!