Canada Family Sponsorship

Family Sponsorship in Canada is a program designed to reunite family members living abroad with their relatives residing in Canada. This program allows Canadian citizens, permanent residents, or those registered in Canada as an Indian under the Canadian Indian Act, who are at least 18 years old, to sponsor their family members to live, study, and work in Canada.

While there are various types of family sponsorship available, the general requirements remain consistent across different programs. Key criteria include the sponsor’s ability to financially support the family member and provide proof of their lawful relationship. This opportunity is one of the many benefits of obtaining permanent residence in Canada, as it fosters family reunification and supports the settlement of family members in the country.

There are various categories of Canadian Immigration family sponsorship to address the range of familial relationships that Canadian citizens or residents might have with relatives abroad. These categories aim to ensure more options and flexibility for sponsors to reunite with family members in Canada.

One type of sponsorship is for spouses, partners, and dependent children. Partners can include common-law and conjugal partners. These relationships must be established according to specific criteria to qualify for this sponsorship type.

There is also a sponsorship type for dependent children who are adopted. Sponsorship for adopted children is achieved through a two-step process that requires the sponsor to complete both an application process for sponsorship and an application process for permanent residence for the adopted child.

A third type of sponsorship is for relatives of the sponsor. Relatives might include an orphaned brother, sister, nephew, niece or grandchild. It might also include other relatives, provided they meet the eligibility requirements and do not have another family member to rely on.

Lastly, there is a type of sponsorship for parents and grandparents. This sponsorship can be applied to parents and grandparents related by blood or by adoption. Divorced parents and grandparents can also be sponsored, and their secondary partners or spouses are eligible to become dependents.

The Super Visa is a unique immigration option that allows individuals to visit their children or grandchildren in Canada for up to five (5) years at a time, with the flexibility of multiple entries over a maximum period of 10 years. To be eligible for the Super Visa, specific requirements must be met, including the need for health insurance, and applicants must adhere to the outlined criteria. If the visit is planned for 6 months or less, individuals are advised to apply for a regular visitor visa.

For those seeking a Super Visa, eligibility criteria, the application process, and associated benefits are crucial aspects to consider. The eligibility requirements involve having a host who is a Canadian citizen, permanent resident, or registered Indian, among other conditions. The host, typically a child or grandchild, must be at least 18, reside in Canada, and meet the minimum necessary income. Additionally, a letter of invitation promising financial support and including family size details is required. Applicants must be outside Canada when submitting their application, undergo a medical exam, and fulfill other specified conditions. Health insurance is mandatory, covering a minimum of $100,000 in emergency coverage for at least one year.

The entry date into Canada also affects the duration of stay, with considerations for those entering before or after June 22, 2023. For those entering after this date, proof of a valid health insurance policy and adherence to other conditions are necessary. The application process involves providing various documents, such as a letter of invitation, proof of financial support, proof of relationship, and proof that the host is a Canadian citizen, permanent resident, or registered Indian.

The importance of maintaining ties to the home country, the purpose of the visit, and overall stability are factors considered during the application assessment. Even for those who are visa-exempt, obtaining a Super Visa allows a stay of up to 5 years, subject to approval and additional documentation, such as an electronic travel authorization if traveling by air.

To lawfully participate in the Canada family sponsorship program, sponsors must meet certain financial obligations. These minimum income requirements ensure they can support their sponsored family member without requesting governmental assistance. Each sponsor is assigned a Minimum Necessary Income (MNI). This amount is calculated based on the size of the family unit, including the sponsor, their existing dependents, and the individuals to be sponsored. Sponsors must submit documentation such as tax returns or pay stamps to demonstrate how their income meets or exceeds the MNI.

Sponsors will be held responsible for supporting the sponsored family members for the duration of their permanent residency in Canada. Depending on the relationship between the sponsor and the sponsored person, and the age of the sponsored individuals, the duration of sponsorship could last up to 10 years.

During this period, sponsors are responsible for meeting the basic needs of their sponsored family members, including housing, food, and other essential requirements, to ensure they do not become a burden on the Canadian social assistance system. Sponsors must plan ahead for these financial commitments before undertaking family sponsorship in Canada.

The processing times for Canada family sponsorship will largely depend on the type of sponsorship and the complexity of the application. The processing times can vary widely, ranging from 12 to 23 months, depending on the relationship between the family member and the sponsor.

Spouse or common-law partner sponsorships typically range from approximately 12 to 24 months, with inland applications often having shorter processing times. Parent and grandparent sponsorships, known for their longer timelines, may take several years due to the demand managed through a lottery system. Dependent child sponsorships generally fall within the 12 to 24-month range.

Processing times are subject to change, and factors such as the type of relationship, the location of the sponsored individual, and external circumstances can influence them. Applicants are advised to regularly check the official Immigration, Refugees, and Citizenship Canada (IRCC) website for the most up-to-date information.

Family sponsorship applications in Canada involve various fees, and it’s essential to be aware of the associated costs. Each sponsorship type will vary slightly regarding the required fees, so applicants must regularly check for updates or changes. The sponsorship fee, including the main applicant’s processing fee ($490) and right of permanent residence fee ($515) tends to be $1,080.00.

Without the permanent residence fee, the total will be calculated based on the sponsorship fee ($75) and principal applicant processing fee ($490), totaling $565.00. There is an additional fee of around $150 for each dependent child included in an application. There are also fees for biometrics that come out to around $85 per person.

Other costs that may be incurred during the application process include fees for medical examinations, police certificates, language testing, document translation, and obtaining certified document copies. These additional fees will depend on the unique case and sponsorship type.

If a Canada family sponsorship application is denied, the sponsor and the main applicant will have the opportunity to appeal the decision or reapply, depending on their situation. To appeal the decision, the applicant must submit their appeal to the  Immigration Appeal Division (IAD) within 30 days of receiving the refusal. The IAD will then conduct a review of the case.

Common reasons for family sponsorship application denial include failure to meet eligibility criteria, insufficient documentation, or concerns about the nature of the relationship between the applicant and the sponsor. Applicants must review the refusal letter for specific reasons and consider addressing any deficiencies before appealing or reapplying.

Challenges may arise during the process of obtaining Canada family sponsorship. Common obstacles include delays in processing due to failure to meet application requirements. Sponsors and their family members can prepare for this challenge by studying the application packet and reviewing each step carefully before applying.

Missing documentation is another common challenge. Applicants can address this issue by meticulously reviewing the application requirements and providing documents that meet all the stipulated criteria in the Document Checklist for their sponsorship type.

Another serious obstacle is the failure of the sponsor to meet the minimum financial requirement to support their family member(s). If the sponsor does not meet the minimum necessary income requirements, they must seek financial support or professional advice to strengthen their application.

Finally, applicants may be asked to prove the genuine nature of their relationship with the sponsor. This can be done by submitting documents such as joint assets, shared responsibilities, and communication records.

All applicants should check the status of their application regularly and ensure that they can receive requests for further documents from the IRCC. This will allow them to update their required documents quickly and avoid delays.

The IRCC has recently announced some changes to the Canada family sponsorship program. These changes were applied to some types of sponsorship to streamline the application process and improve the efficiency of the application process, not to change the programs’ structural components. The Government of Canada’s investment of $25 million in these improvements underscores its dedication to expediting and stabilizing family sponsorship processing times.

For spousal family sponsorship, for example, changes include faster processing times, the introduction of a single application for candidates inside and outside Canada, a streamlined relationship questionnaire with fewer questions, the removal of the upfront requirement for a medical exam, and a revised approach to police certificates which can be obtained from the current country of residence (instead of the country where they resided longest). In addition, applicants can now access their application status in real-time through the online portal.

While these changes enhanced the speed of some types of family sponsorship, they did not alter the essential regulatory or legislative family sponsorship requirements. Applicants must adhere to all the criteria and requirements of Canadian family sponsorship.