Canada encourages family reunification and offers several programs and opportunities to further this and sponsor family members to live in Canada.
Sponsorship is taken seriously in Canada and your sponsor must agree in writing to give you financial support if needed. In fact, your sponsor might not be allowed to sponsor another person if those same relatives later ask the government for financial help. The terms of a sponsorship agreement are as follows:
If you are the individual being sponsored, you must also agree to try and support yourself.
The following may make an individual ineligible to sponsor a family member living outside Canada:
Citizenship and Immigration Canada (or CIC) reviews sponsorship applications. Your sponsor will be informed of the decision. CIC might approve the application as a sponsor of a Canadian Citizen or permanent resident but disapprove the application of the relative being sponsored. If this happens to you, your sponsor will be informed of the reason for the refusal and about his or her right to appeal the decision.
If your sponsor lives in Quebec, CIC must approve him or her as a sponsor and meet Quebec's conditions to be a sponsor as well.
Spousal and Common-law-Partner (SCLP) Visas
A spouse is a legal marriage partner and includes both opposite sex and same-sex relationships.
A legal marriage partner. This term includes both opposite- and same-sex relationships but does not include common-law partnerships.
According to Canada's Immigration and Refugee Protection Regulations (SOR/2002-227), a common-law partner "means in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year."
Under a new Pilot Program, CIC will be issuing open work permits to applicants for permanent residence under the spouse or common-law partner classes of Family Sponsorship. Eligible spouses will be able to work in Canada before the approval in principle decision on their application is made.
These open work permits will be exempt from the need of a Labor Market Impact Assessment (or LMIA) and will be valid for 2 years or until the date your passport expires, whichever is earliest. CIC has also announced that these open work permits for applicants for the SCLP class will be processed within 4 months upon receipt of an application.
Case processing centres have been instructed to conduct checks to ensure that requirements are met. It is therefore important to have your application reviewed first to catch mistakes that may have been made in completing forms.
As the issuance of a work permit is a pilot program, CIC will assess the impact and processing for open work permits after 1 year.
Get the correct advice first before your sponsor completes your application packet under the SCLP class! If an application for permanent residence - regardless if it has been approved in principle or not - call us to schedule an appointment with IVC's RCIC Immigration Consultant, to learn how to update your case to ensure efficient processing and an earlier entry date for you to Canada.
A Canadian citizen or permanent resident may apply to sponsor his or her dependent child or that of his or her partner's living in or outside Canada. A child can be a biological or adopted child who is 19 years of age or below. Once the sponsorship and application for permanent residence are approved, the dependent child can join his or her sponsoring parent(s) in Canada. Remember, a separate application form must be made for each child but all applications must be sent in the same envelope.
Conjugal Partner Visa
Unlike applicants under the SCLP class, a conjugal partner is an individual who has had a binding relationship with the sponsor, either opposite-sex or same-sex, for at least one year but could not live with their partner. If you have been separated from your Canadian citizen or permanent resident partner because of war, discrimination or any other legal barrier, you can be reunited under the Conjugal Partner Visa.
Parental & Grandparental Visa
A provision has been made to sponsor parents and grandparents to Canada as permanent residents. The Parental and Grandparental Program (or PGP) was re-opened briefly on January 2, 2015 but has since been paused until next year.
As an alternative, the Canadian government offers a Parent and Grandparent Super Visa which is a multiple-entry non-immigrant visa. If approved, the Super Visa is valid for up to 10 years and will allow you to remain legally in Canada for up to 24 months without having to renew your status. Instead of waiting years for the approval of a permanent residency application, you will wait less than one year for processing to be completed - that is, if there are no mistakes on your application. If you are applying for a Super Visa, you must know that you cannot include dependents in the application and only your spouse or common-law partner can come with you under this visa.
Other Eligible Relatives
A Canadian Citizen or permanent resident can sponsor other relatives under the Family Class. Once the sponsorship has been approved and the applicant passes the security and background checks and medical exam, that relative will be entitled to permanent residency, work and study in Canada. This relative can be:
· An orphaned, unmarried and under 18 years of age brother, sister, nephew, niece or granchild;
· One other relative if the sponsor has no relative in any other Family Class who are Canadian Citizens or permanent residents.
Family-Based Provincial Nominee Visa
A Provincial Nominee Program (or PNP) is a program that allows provinces and territories to nominate candidates for immigration to Canada. Each province is unique and will have its own requirements for individuals who have the skills, education and work experience to make a positive contribution to its economy.
NOVA SCOTIA FAMILY BUSINESS WORKER.
This is a Family-based Provincial Nominee Program allowing company owners based in Nova Scotia, to hire workers who are close relatives with the work experience and required skills for positions in their companies that have not been filled by a Canadian Citizen or permanent resident.
To be considered eligible:
Quebec Family Sponsorship
Similar to Federal Family Sponsorship, a Canadian citizen or permanent resident living in Québec, who is at least 18 years of age can sponsor a close relative if (s)he satisfies some prerequisites:
An undertaking of sponsorship cannot be terminated so it is important that everyone knows what they're getting into. Even if the individual being sponsored obtains Canadian citizenship, separates, divorces or moves to another province, or the sponsor's financial situation deteriorates, the undertaking agreement will remain in place.