CANADIAN IMMIGRATION LAWYER

Family Sponsorship

Rameh Law > Family Sponsorship

Family Sponsorship

Any adult Canadian citizen or permanent resident can sponsor their foreign family members to be given permanent resident permits in Canada. A permanent resident can study, live, and work in Canada freely. A sponsor has a duty to meet the financial needs of whomever they sponsored when necessary.

Who can you sponsor?

  • Conjugal partner, spouse, or common-law partner
  • A 21-year-old or younger Dependent (including adopted) kid
  • Grandparents and parents
  • Orphaned Relatives, including brother, sister, grandchildren, nephew, niece. However, these persons must be under 18 and unmarried.

Eligibility for family sponsorship

You cant sponsor a foreigner in Canada if:

  • You’re under 18
  • You can’t afford to carter for the needs of the person you are sponsoring for at least three years.
  • You must be 18 years of age or older.
  • You have no capacity to contract. It’s because you need to consent to a sponsorship agreement that indicates you have accepted to support the relative financially.
  • You cannot finance the needs of the dependent child you are sponsoring for ten years or until they’re 25

Sponsorship obligations

When you agree to be a sponsor, you must sign an undertaking promising to give financial support for the basic needs of your spouse or partner and their dependent children.

Sponsorship comes with responsibilities. You must agree to provide basic needs to your partner, spouse, their dependent children, and any other person you may have decided to bring to Canada.

Basic needs include:

  • food
  • clothing
  • shelter a
  • dental care
  • eye care

you must also provide financial support for their other basic and health care needs, especially those not categorized as free public services.

It’s your responsibility to ensure the person you are sponsoring will not, later on, depend on the government for help to survive. In the event they have applied for social assistance, the government will ask you to refund the value of whatever they received while under your care. Moreover, the government will bar you from sponsoring anyone else before repaying what is due.

The signing of the undertaking to sponsor a foreigner is binding. It becomes your role to ensure the person is comfortable while living in the county for the entire period, irrespective of changes in your financial situation during the time of the sponsorship. The government won’t cancel the agreement even if:

  • you become divorced,
  • the relationship with the sponsored individual breaks down
  • you become separated
  • you have financial difficulties
  • you or the person you supported relocated to another province  or territory or country

Sponsors living abroad

Canadian citizens living outside of Canada may sponsor a person provided they can demonstrate that they will live in the country after their sponsored landing.

The law allows a Canadian citizen  residing abroad to sponsor their:

  • Spouse
  • common-law partner,
  • Conjugal partner
  • dependent children of their spouse, conjugal partner, or common-law partner

However, these people should be without a criminal record

If you are a Permanent resident living abroad, the law doesn’t you to sponsor your family and other dependents from outside Canada. Moreover, if you are a common-law partner or spouse in Canada, you cannot file an in-Canada request to sponsor your spouse or common-law partner if you are cohabiting in the country

However, you can apply for such favors only if your application is filed through visa offices.