If you are a Canadian citizen or a permanent resident of Canada, you can sponsor your spouse, common-law partner, conjugal partner, dependent children (including adopted children), or other eligible relative (such as parents, grandparents or a brother, sister, nephew, niece or grandchild who is an orphan under the age of 18) to become a permanent resident.
sponsor your spouse, common-law partner, conjugal partner, dependent children (including adopted children)
Spouse: This means that the Sponsor and the Sponsored Person are legally married. For those married within Canada, a Certificate of Marriage from the province or territory where the marriage took place will show that the marriage is valid. Note that same-sex marriages performed within Canada are valid for spousal sponsorship. If the marriage took place outside of Canada, it must be valid under the law of the country where it took place as well as under Canadian federal law. Same-sex marriages that took place outside of Canada are not valid for spousal sponsorship, but an application can be made under either the common-law partner or conjugal partner categories if such a relationship can be proven.
Common-law partner: In order to establish a common-law relationship, the Sponsor and the Sponsored Person must cohabit continuously for at least one year, excluding brief absences for business or family reasons.
Conjugal partner: Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as conjugal partner if:
Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships, and The applicants have had a mutually dependent relationship for at least one year with the same level of commitment as a marriage or a common-law union. This can require a demonstration of emotional ties and intimacy, financial closeness, such as joint ownership of assets or mutual financial support, and efforts to spend time together and reunite.
Parent and Grandparent Family Class Sponsorship
Canada’s parents and grandparent’s sponsorship program, has a yearly cap on the number of applications that are accepted. Once this cap is reached, there is still the Super Visa Program which allows parents and grandparents to come to Canada on extended multi-entry visas that could last up to a total of 10 years. You may also wish to explore the various Provincial Family Class Sponsorship programs that are available. No matter which program you choose, it is important that you ensure that the parent or grandparent meets the eligibility requirements and that the sponsor themselves meet Canada’s sponsorship requirements.
Dependent Child Sponsorship
Requirements for the Sponsor:
- The sponsored person must be in one of the following situations of dependency:
- Less than 19 years of age and not a spouse or common-law partner or has been an ongoing full-time student since before the age of 19 and has depended substantially on the financial support of the parent since that time or Is 19 years of age or older and meets the following: became a spouse or partner before the age of 19, Has been an ongoing full-time student since before the age of 19 and Has depended substantially on the financial support of the parent since they became a spouse or partner or Is 19 years of age or older and has depended substantially on the financial support of the parent since before the age of 19 and is unable to be financially self-supporting due to a physical or mental condition.
Requirements for nature of the relationship:
- The Sponsored Person must be either: The biological child of the parent if the child has not been adopted by a person other than the spouse or common law partner or The adopted child of the parent.
Note: The government of Canada has outlined a plan to increase the maximum age of dependent children that may be sponsored to less than 22 years of age. It is expected that this change will enter into force on October 24, 2017.
Québec dependent children
Québec adopted the same definition as federal government for dependent child .
Henceforth, a dependent child shall be considered:
- a child who is less than 19 years of age and not a spouse or de facto spouse;
- a child who is 19 years of age or older and has, since the age of 19, been unable to meet their needs and is dependent on the financial support of their parents due to a physical or mental condition.
Please Note: If you live in Quebec, you must also meet Quebec’s immigration sponsorship requirements, after Citizenship and Immigration Canada approves you as a sponsor.