Overview: Sponsoring Your Family

The goal of family class immigration is “to see that families are reunited in Canada” (IRPA, s 3(1)(d)). Section 12(1) of the Immigration and Refugee Protection Act (IRPA) specifically allows permanent immigration. The Canada family immigration visa is specially designed for applicants who are Canadian citizens or permanent residents who would like to sponsor their spouse, conjugal partner, common-law partner, dependent child (including adopted child), or other eligible relatives (such as parent or grandparent) to become a permanent resident of Canada, thereby expanding family immigration to Canada. One of the most popular categories of immigration to Canada is for family members.

Family Members Not Eligible Under This Category

If you are a spouse, common-law partner, or conjugal partner, you are not eligible to be sponsored if you belong to the following categories:

  • If you are below 18 years old.
  • During the period of marriage, the sponsor is married to someone else.
  • If you have been separated from the sponsor for at least one year and are either the husband or wife of another person's common-law or conjugal partner.
  • The sponsor came to Canada and applied for permanent residency while they were a member of the family during their eligibility assessment of their immigration requirements but were not reviewed.
  • The sponsor had never previously sponsored another spouse, common-law partner, or conjugal partner, and it had been less than three years since they became permanent residents of Canada.
  • If the applicant does not qualify to sponsor or support their spouse, common-law partner, or dependent child in the Family Class, their partner or dependent may be able to apply for humanitarian and compassionate entry into Canada.

Spouse, Common-Law Partner, and Conjugal Partner Category

Spouse

Your partner may be of any gender and must be:

  • Legally married to you
  • At least 18 years old

Common-Law Partner

Your partner must:

  • Not be married to you legally
  • Be of either sex
  • Be at least 18 years old
  • Have been living with you for at least 12 months, implying that you've been living together in a conjugal partnership for a year without any significant intervals apart
  • Any time spent apart should have been short and temporary

Conjugal Partner

Your partner must:

  • Not be officially married to you or in a civil union with you
  • Be of either sex
  • Be at least 18 years old
  • Have been in a relationship with you for a minimum of one year
  • Reside outside of Canada
  • Not be able to live with you or marry you in their own country for a variety of legal and immigration reasons, including:
    • Their marital status (e.g., they may still be married to someone else in a nation where divorce is not permitted)
    • Their gender or sexuality (e.g., you are in a same-sex relationship, and same-sex relationships are not accepted, or same-sex marriage is illegal where they live)
    • Persecution (e.g., your relationship is between different religious groups which is not accepted, and they may be punished legally or socially)
  • You will need to show proof that you couldn't live together or marry in your conjugal partner's nation (e.g., refusal of long-term stays in each other's country)

Other Eligible Relatives

You must sponsor qualified relatives such as your spouse, common-law partner, and/or dependent children to obtain a Canada family visa. While applying for a Canada family visa, your spouse, partner, or dependent children may be residing in or even outside of Canada. To be eligible, both you and your qualified relative must fulfill specific qualifying standards. It is the sponsor's obligation to aid their relatives financially in Canada, thus there is no need for them to seek financial assistance from the Canadian government.

In addition, the sponsor must fulfill certain LICO income standards. Under the family class program, you can even sponsor certain relatives such as parents and grandparents, as well as brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under the age of 18 and not married or in a common-law relationship, and children who were either adopted outside Canada or intend to be adopted in Canada.

Benefits

One of the primary advantages of applying for a Canada family visa from India is that relatives sponsored under this category will no longer be subject to a points-based review under the Canada points system. Sponsored family members who are awarded Canadian permanent residency through the Family Class program have the right to live, work, and study in Canada for an indefinite amount of time.

Family members and qualifying relatives who come to Canada as permanent residents can now work without limits, participate in language training programs, and seek appropriate assistance in obtaining suitable employment. Moreover, permanent residents have complete access to long-term benefits such as government-funded healthcare, free education until the age of 18, upon which they have a subsidized rate of education at the university level with reduced tuition fees, and other sources such as Canada Pension Plan Benefits, Old Age Security, and Guaranteed Income Supplement. With a Canada dependent visa, parents can apply for Canadian citizenship three years after they've been a legal resident in Canada.

Sponsorship Agreement

A sponsorship agreement is essentially a contract that defines the criteria for both the sponsor and the family member or relative who is being sponsored to come to Canada. The sponsor must agree in this agreement that they are willing to support their relative or dependent for an agreed-upon period of time without receiving any type of social assistance. Except in the case of elderly sponsored relatives, the sponsored individual must prove that they can fund themselves.

Visa Fee

The processing fees for Canada family visas must be included with your visa application:

  • Fees for processing for you, the people you're sponsoring, and their dependents
  • The right of permanent residence fee
  • Biometrics fee
  • Medical exam fees
  • Police clearance certificate

Applications can be returned to the applicant if they are incomplete or if fees are missing. This can delay your application by 3-6 months depending on the processing time during the application. We make sure that your application package is prepared in accordance with the IRCC requirements with our expertise. We can ensure that you reunite with your family smoothly without any legal delays.