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Members of the family class and their family members must meet the following requirements:
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.
Dependent Children: A son or daughter is dependent when the child:
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.
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.
