Who can be sponsored under the Family Class?
You can sponsor your spouse (married), common-law partner (living together for at least 12 months), or conjugal partner (in a genuine relationship for at least 12 months where marriage or cohabitation wasn’t possible), or your dependent child. Dependent children are generally those under 22 years old without a spouse or common-law partner. There are exceptions for children over 22 who have been financially dependent on their parents since before the age of 22 and are unable to support themselves due to a medical condition. If you are sponsoring a child to be adopted in Canada and their details are not yet known, there are specific placeholders for unknowns in the forms and you must select “Citizen” as their immigration status in the country where the adoption will take place.
What are the requirements for becoming a sponsor?
To become a sponsor, you must be at least 18 years old, a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident of Canada. You must also reside in Canada, unless you are a Canadian citizen, in which case, you must prove that you plan to live in Canada when the sponsored person becomes a permanent resident. You must be able to provide basic needs (food, clothing, shelter, dental care, eye care, and other health needs not covered by public health services) for yourself and the people you sponsor, and not be receiving social assistance for reasons other than a disability. Additionally, you cannot have been convicted of certain crimes, be subject to a removal order, be in default on any sponsorship undertakings, immigration loans, performance bonds, or court-ordered support payments, or have declared bankruptcy which has not been discharged. You also cannot be currently sponsoring another person and not received a decision yet.
What is an undertaking and how long does it last?
An undertaking is a binding promise to financially support the person(s) you are sponsoring and to ensure they do not need to seek government assistance. It is legally binding for the length of the undertaking period even if the sponsor’s or the sponsored person’s situation changes (e.g., relationship breakdown, divorce, relocation, financial problems). You must make sure the person you are sponsoring will not require social assistance. The length of the undertaking can vary, so it’s crucial to consult the specific guidelines for your situation, particularly if the sponsored individual is a spouse or a child. If the sponsored person receives social assistance while the undertaking is valid, you are in default and must repay the full amount. You won’t be able to sponsor anyone else until the debt is cleared. If you change your mind after submitting the sponsorship and undertaking, you must inform Immigration, Refugees and Citizenship Canada (IRCC) in writing before a final decision is made. You can only withdraw an undertaking if it’s approved.
What documents are required for the sponsorship application?
Required documents vary depending on your situation, but generally include: copies of your passport and the person you are sponsoring, birth certificates, marriage or divorce certificates (if applicable), and national identity cards. Specific documentation requirements also differ based on the country of origin or residence for you and the sponsored person and if you or the sponsored person have completed military service. If any child(ren) under 18 will be issued an immigrant visa as part of this application and the sponsor is not the legal parent, you must also include a Declaration from non-accompanying parent/guardian for minors immigrating to Canada, and a copy of the parent’s identity document. If you were married previously, you must include documentation pertaining to the end of that relationship (e.g. divorce certificates, annulment certificates or death certificates). Be sure to review the country-specific requirements on the IRCC website. Some applicants may need to provide an “Authorization to Disclose Information” form. For those from Pakistan over 18 years old, this form is mandatory. Also, some applicants may need to complete a “Details of Military Service” form if they have served in the military, army, defence or police units, and submit copies of their military cards/booklets, even blank pages.
What is the role of police certificates in this process?
Both the sponsor and the person being sponsored are generally required to provide police certificates from every country they have lived in for six months or longer since the age of 18. In Canada, police certificates are not needed at the time of the application, and if necessary IRCC will make the request on your behalf. The applicant must authorize the release of information to IRCC. Some countries need consent from IRCC to issue a police certificate so a consent form is required. If you require fingerprints to obtain a police certificate, IRCC will issue a “Fingerprint Request Letter” which you need to provide to local police along with your identification. The “Request for Police Certificates/Clearances” form must be sent to the applicant’s address, not IRCC directly.
How does previous criminal history impact a sponsorship application?
A criminal record can significantly impact a sponsorship. Sponsors cannot have been convicted of certain offences, particularly those of a sexual nature, or involving violence against family members or a conjugal partner, or relatives including those within their ex-partners’ families. There is a waiting period of 5 years after completing the sentence to apply, and there are some offenses that permanently bar someone from sponsoring. The person you are sponsoring cannot be inadmissible to Canada. If they are outside Canada and have committed or been convicted of a crime, they may be able to apply for rehabilitation or be deemed rehabilitated after a certain period.
How is the financial capacity of a sponsor assessed?
While there is generally no minimum necessary income (MNI) requirement if you are sponsoring a spouse, partner, or dependent child, you must meet a minimum income requirement if the spouse or partner you’re sponsoring has a dependent child with their own dependent children or if the dependent child you are sponsoring has their own dependent children. IRCC will evaluate your financial capacity using a “Financial Evaluation Form” to determine if you are able to support yourself and the people you are sponsoring. This includes reviewing information about your employment history and income for the past 12 months using pay stubs, tax records, and bank statements. It also includes the number of people you are currently sponsoring or have sponsored in the past who are still in their undertaking periods. If your spouse/partner is co-signing the undertaking, their financial information is also assessed. You must not be in default of any sponsorship undertaking, or support payment obligations. If the sponsor lives in Quebec, they must also be able to meet the requirements of that province, and it’s possible that Quebec may deem you ineligible even if you meet federal standards.
What additional important details should I be aware of?
Be prepared to provide detailed personal history information, including your activities, status in various countries, all countries where you have resided for more than 6 months, and relationship history. You will be required to provide additional information on family members, including married children, adopted children, children of your spouse, and any children under the custody of an ex-partner. You must be honest and provide correct information, as misrepresentation will be recorded and can lead to a five-year inadmissibility. Make sure all your forms are complete and signed, and use “N/A” or “Not Applicable” if sections do not apply to you. If you need extra space, include extra pages with the appropriate section. It’s important to respond to any requests from IRCC promptly to avoid delays in processing your application. Also note that medical exams and, if required, biometric appointments, must be completed by you and the person being sponsored, even if they are not coming with you to Canada. If the person you are sponsoring is applying from outside of Canada, they may be eligible for medical insurance while their application is being processed. Check with local provincial authorities. Ensure that any translations are done by a certified translator who is not related to you or the person you are sponsoring. Additionally, understand that once a permanent resident visa has been issued, it cannot be extended, so the sponsored person must use it during its validity.