DTC Immigration Ltd., Surrey

Family class requirements

Members of the family class and their family members must meet the following requirements:

  1. They must have an eligible relative, or spouse, common-law partner or conjugal partner who meets the requirements for sponsorship.

  2. They must prove their identity, age and relationship among themselves and to their sponsor.

  3. The applicant and family members must not be described in any of the inadmissible classes.

  4. They must have valid and subsisting passports or travel documents.

Sponsoring a spouse, partner or child

Definitions:
Spouses:

There is no provision of finances in Canada’s immigration legislation. Therefore applicant needs to get married first.

To be recognized for immigration purposes, foreign national spouses must be 16 years of age. Spouses under the age of 16 are not members of the family class as per R117(9)(a). Sponsorship applications submitted for a spouse under 16 will be refused.

Common-Law Partner: A common-law relationship is fact-based and exists from the day in which two individuals demonstrate that the relationship exists on the basis of the facts. The onus is on the applicants to prove that they are in a conjugal relationship and that they are cohabiting, having so cohabited for a period of at least one year. Continuous cohabitation does not mean intermittent cohabitation up to 1 years when the application is received at CPC-M.

Conjugal partner: This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship for a period of at least one year.

A Visa officer will rely on the following factors to assess the legitimacy of a conjugal partner.

  1. Financial aspects of the relationship.

  2. Social aspects of relationship.

  3. The applicant and family members must not be described in any of the inadmissible classes.

  4. Physical and emotional aspects of relationship.

The officer will examine the following factors when assessing conjugal partner:

  1. Length of time relationship has existed.

  2. Amount of time spent together.

  3. Reasons why couple has been unable to cohabit continuously for 1 year.

  4. Evidence showing how long-distance relationship has been maintained.

  5. Evidence of efforts to live in the same country.

Dependent Children:A son or daughter is dependent when the child:

  1. is under the age of 19 and does not have a spouse or common-law partner;

  2. is over the age of 19 and depended substantially on the financial support of a parent since before the age of 19 because of a physical or mental condition.

To be Sponsor:

You can sponsor a spouse, common-law or conjugal partner, or dependent children if you are a Canadian citizen or a permanent resident of Canada and 18 years of age or older. In addition you may not be eligible if you are in default of any previous sponsorship undertaking or payment obligation ordered by the court or subject to a removal order, detained in prison, or were convicted of an offence of a sexual nature, violent criminal offence or an offence that result in bodily harm of a family member or an attempt or threat to commit any such offence or you have declared bankruptcy or be in receipt of social assistance other than for reason of disability or you have declared bankruptcy. Also if you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago you may not also be eligible to apply as sponsor.

You can apply to sponsor your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada or if they live outside of Canada. However, all requirements must be met.

To be sponsored as Spouse, Common-law partner or Conjugal Partner:
  1. You must be over the age of 16 years;

  2. You (or your sponsor) were not married to someone else at the time of your marriage;

  3. You have not lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person;

  4. You must go through medical, criminal and background screening.

Sponsoring other relatives:

To be sponsor:

You can sponsor your parent/grandparent, if you are a citizen or permanent resident of Canada and if you are 18 years of age or older. In addition you may not be eligible if you are in default of any previous sponsorship undertaking or payment obligation ordered by the court or subject to a removal order, detained in prison, or were convicted of an offence of a sexual nature, violent criminal offence or an offence that result in bodily harm of a family member or an attempt or threat to commit any such offence or you have declared bankruptcy or be in receipt of social assistance other than for reason of disability or you have declared bankruptcy. In regards to financial support, you have to meet certain income requirements. If you have previously sponsored relatives who later turned to the Canadian Government for financial assistance, you may not allowed to sponsor another person.

You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative if necessary. You must promise to provide financial support for the relative and any other eligible relatives accompanying them for a period of three to ten years, depending on their age and relationship to you. This time period begins on the date they become a permanent resident.

Who can be sponsored:
  1. Parents and Grand Parents: Parents and grandparents may be eligible to immigrate to Canada as permanent residents. They must go through medical, criminal and background check.

  2. Orphaned close relative:brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship

  3. Other Relative: other relative of any age or relationship if you do not have a living spouse or common-law partner, conjugal partner, a son or daughter, parent, grandparent, sibling, uncle, aunt, nephew or niece who could be sponsored as a member of the family class, and you do not have any relative who is a Canadian citizen or a permanent resident or registered as an Indian under the Indian Act.

  4. Accompanying relatives

    of the above (for example, spouse, partner and dependent children).

If you are interested to sponsor your family you may contact Navdeep Rampal at doortocanada@hotmail.com for further information.

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