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Family Immigration to Canada

Process for Family Immigration 

This classification is used for those who have a family member who is already a Canadian resident. There are two processes for this category.

  • Spouses, partners (including common-law and conjugal) and dependent children (including adopted)

  • Other eligible relatives

    • Parents

    • Grandparents

    • Brothers or sisters; nieces or nephews, grandchildren who are orphaned, under 18 years old and not married or in a common-law relationship

    • Another relative of any age or relationship if none of the above relatives could be sponsored and you have no other relatives who are Canadian citizens, persons registered as Indians under the Indian Act or permanent residents

    • Accompanying relatives of the above (i.e. spouse, partner and dependent children)

The family member living in Canada acts as a sponsor for the immigrant.  A citizen cannot sponsor other relatives including: siblings over 18 and adult independent children.  If you fall into this category you can apply in the Skilled Worker Class.

What Requirements a Sponsor Must Meet

If you have a spouse, partner or parent who is already a Canadian citizen they can sponsor your residency in Canada. The following are the requirements they must meet: 

  • Both the sponsor and the sponsored relative must sign and complete a Sponsorship Application and a Sponsorship Agreement.

    • In this form the sponsor must promise:

      • To provide for the sponsored person and his or her family members beginning when they arrive in Canada

        • This includes food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care (covering what is not covered by the public health system).

        • The support continues for three years from the time they become a permanent resident for a spouse, partner, etc.

        • The support for a dependent child is to continue for 10 years or until the child turns 25, whichever comes first.

      • That their own financial and personal obligations will not prevent them from providing for their sponsored relative and his or her family.

      • The sponsored person and his or her family members will not need to apply for social assistance or any government benefits (beyond those provided by the government to everyone).

      • To respond quickly when the sponsored family member(s) need help financially.

    • The sponsored person(s) must promise:

      • To make every effort to provide for themselves and members of their family.

      • To ask for help from their sponsor if it is needed.

    • It is important to note:

      • Elderly parents or grandparents are not expected to find a job.

      • Sponsored relatives who feel they are being abused by their sponsors should seek a safe environment for themselves and their family, despite the fact it may require them to obtain assistance benefits.

      • If the sponsor doesn’t adhere to the agreement the sponsored person can sued.

    • A relative may be ineligible to sponsor you if:

      • They have failed to provide financial support to someone else in the past.

      • Did not adhere to a court order of support (i.e. alimony or child support).

      • Received government financial benefits (for reasons other than disability).

      • Have been convicted of a violent crime, including those against a family member, or any sexual crime convictions.

        • Depending on the circumstances – how long ago, if there was a pardon, nature of the offense – it may not apply.

      • Defaulted on an immigration loan.

      • If they are currently in prison.

      • Have declared and not yet released from bankruptcy.

 

Sponsorship of a Spouse, Partner or Dependent Child

Spouse
You qualify as a spouse if you are married to your sponsor and your marriage is legal and valid.

  • If married in Canada

    • You MUST have a marriage certificate issued by the province or territory in which the marriage took place.

  • Married outside of Canada

    • The marriage must be valid both in the country where it took place and under Canadian law.

    • If the marriage was performed in an embassy or consulate it must be legal in the country where it took place NOT the country of the embassy or consulate.

      • For example, you and your spouse were married in a Mexican embassy in the United States. The marriage would need to be legal by US standards, not Mexican. 

Same Sex Spouse

  • Requirements for sponsoring a same sex spouse.

    • Sponsor must be a Canadian citizen and permanent resident.

    • You need to have married in Canada as well issued a legal Canadian marriage certificate.

    • OR if married outside Canada.

      • The marriage must be legally recognized in the location where you were married as well as under Canadian law.

    • The laws vary location to location; it is your responsibility to be sure your marriage was legally binding by the laws where the marriage occurred.

    • You will also hold the responsibility of proving the marriage was legal. 

 Common Law Partner

  • Applies to both opposite and same sex. 

  • Defined as living together in a conjugal relationship that was uninterrupted for 12 months.

    • Short absences due to business or family issues are permitted.

    • Relationship has to have lasted at least one year.

  • Proof will be required. For example:

    • Evidence of joint accounts or ownership.

    • Utility bills in both names.

    • Mail addressed to both people at the same address. 

Conjugal Partner

  • Applies to both opposite and same sex. 

  • Category is for those in a relationship that due to extenuating circumstances cannot live together and classify as common law partners or spouses.

    • This is not just a physical relationship. It’s a committed relationship on the same level as a marriage or common law partnership.

    • The relationship must have lasted at least one year and you will need to prove why/how you were prevented living together. If you just chose not to live together you will not qualify. 

Dependent Child

  • A child qualifies as a dependent when:

    • Under the age of 22 and is not married or in a common law relationship.

    • A full time student and is dependent on you for financial support.

      • Had to have began before turning age 22 or getting married/becoming a common law partner.

    • Is financially dependent on you due to disability.

      • Can continue after age 22 but the disability/dependence must have occurred before the child turned 22. 

 

Process of Applying for Sponsorship of Spouse, Partner or Dependent Child

  • Guide to Sponsorship.

    • This guide allows the sponsor to understand their responsibilities and the process. It may also be helpful for you as the sponsored person to review. 

  • Sponsorship Application

    • This form determines whether the sponsor is eligible for sponsorship. It does require information about you as the sponsored relative.

  • Sponsorship Agreement

    • This form is required to be completed by both the sponsor and the sponsored relative. It is an agreement between the two of you and is legally binding. It will also give details on what obligations you each have. 

  • Sponsorship Evaluation (See below to determine if this needs completed).

    • Completed by the sponsor who:

      • Does not live in Quebec AND

      • When the sponsored relative does not have a dependent child (or children) and is not a dependent child 

  • Financial Evaluation Form and Instructions 

    • This form is completed when the sponsored relative is a dependent child or has a dependent child (or children). 

  • Sponsor Questionnaire 

    • This form must be completed and included with the sponsor application if the person being sponsored is a spouse or partner. Without it, at the minimum, the application will be delayed; at the worst, it will be denied. 

  • Use of a Representative 

  • Sponsor Document Checklist 

    • The Sponsor can use this to be sure they are including all documents required. Again, without all the required information and documents the application can be delayed or denied. 

  • Fees Receipt. You will need proof of fees paid for the application.

    • View the application fees list to ensure you are paying the exact and most current amount.

    • Paying fees online

      • You will need an acceptable credit card (Visa, American Express or MasterCard) to pay online

      • Print the receipt and include with application as proof of fees paid.

    • Paying fees to a Canadian financial institution.

      • You will need to order a Fees Receipt, Form IMM 5401 . You can order the form online to complete but you cannot download it. You’ll receive it in the mail to complete and take to the financial institution with you. 

 

 Process of Applying as a Sponsored Spouse, Partner or Dependent Child

  • Immigrant Guide – This guide will help you through the process also and contains instructions for filling out the forms. 

  • Application for Permanent Residence 

    • You need to put ALL family members on the application, even if they are not going to Canada with you. To not put them on the application puts you in jeopardy of being denied residence on the basis of not completing the application in full and not disclosing all information.

    • You’ll need passport photos for all family members for the application. 

  • Schedule 1 – Background/Declaration 

    • The principal applicant for permanent residence, spouse/partner and dependent child over 18 must each complete one of these. 

  • Additional Family Information 

    • Include any family members who are already in Canada that you may not have included on your Residence application.

      • This includes married children, adopted children, step children, etc. 

  • Sponsored Spouse/Partner Questionnaire 

    • Some of the questions will require proof. Do not send bulky items (i.e. DVDs, frames, albums, etc.) and do not send anything you are concerned about getting damaged in shipment or lost. Remember you can make copies. 

  • Use of a Representative 

    • You will need your own form if you and your sponsor are both using a representative. 

  • Instructions specific to Mexico (and other Latin American countries) 

    • The first section includes a checklist you will find helpful. It’s recommended you go through it, as incomplete or missing information can delay or invalidate your application.

    • It also identifies documents you will need and what constitutes proof of relationship. 

  • Two copies of a detailed list of all personal or household items you are bringing with you and their worth.

  • Two copies of a detailed list of all items arriving later and their worth.

    • Use the same forms listed above, just be sure to make the lists of what you are bringing with you separate from the list of what you have arriving at a later date/time.

  • Fees Receipt. You will need proof of fees paid for the application.

    • View the application fees list to ensure you are paying the exact and most current amount.

    • Paying fees online

      • You will need an acceptable credit card (Visa, American Express or MasterCard) to pay online

      • Print the receipt and include with application as proof of fees paid. 

  • You can mail your completed applications to:

    • Your sponsor. It’s best if both applications are received together. The sponsor can then mail your application with his/her sponsor application. This is the best method.

    • Mail your application and supporting documents to

Case Processing Center
CPC Mississauga
P.O. Box 3000, Station A
Mississauga, ON
L5A 4N6

 

Sponsorship of Other Eligible Relatives

Sponsor requirements are much the same for sponsoring eligible relatives as they are for sponsoring spouse, partner or dependent child.

  • Other eligible relatives are:

    • Parents and grandparents.

    • Siblings, nieces and nephews and grandchildren who are orphaned, under 18.

      • They also cannot be married or in a common law partnership.

  • Other relatives:

    • Can be any age or relationship.

    • The sponsor could not sponsor any of the above relatives and has no other relatives who are:

      • Canadian citizens.

      • Registered as Indians under the Indian Act.

      • Permanent residents of Canada.

  • Relatives who accompany the above relatives listed.

    • This includes dependent children and spouse. 

Siblings over age 18 and adult independent children will need to apply to immigrate on their own as they cannot be sponsored.

 

Process of Applying for Sponsorship of Other Eligible Relatives

Many of the forms are the same as those for sponsoring spouse, partner or dependent child.

Case Processing Center – Mississauga
P.O. Box 6100, Station A
Mississauga, ON L5 4H4
Note: This address is different from the previous one!

 

Process of Applying as a Sponsored Eligible Relative

Your sponsor will be mailed documents to send to you to complete. You can shorten the process by having them completed and waiting when your sponsor contacts you and lets you know they’ve been approved. Don’t forget you also have to sign the sponsorship agreement!

  • Immigrants Guide for Other Eligible Relatives - This guide will not only give you instructions on the forms you need to complete but give you helpful information. Most, if not all, you will see here too but for such a big undertaking it’s always good to see it multiple times.

  • Application for Permanent Residence

  • Schedule 1 Background/Declaration

  • Additional Family Information

  • Use of a Representative 

  • Additional Instructions and requirements for Mexican citizens.

  • Two copies of a detailed list of all personal or household items you are bringing with you and their worth.

  • Personal Goods B4

  • Personal Goods B4a – Use when your goods won’t fit on the first form.

  • Two copies of a detailed list of all items arriving later and their worth.

  • Use the same forms listed above, just be sure to make the lists of what you are bringing with you separate from the list of what you have arriving at a later date/time. 

  • Fees Receipt. You will need proof of fees paid for the application.

    • View the application fees list to ensure you are paying the exact and most current amount.

    • Paying fees online

      • You will need Adobe Acrobat Reader and an acceptable credit card (Visa, American Express or MasterCard) to pay online

      • Print the receipt and include with application as proof of fees paid. 

  • Mail your application and supporting documents to:

Canadian Embassy
Schiller 529
Col. Polanco
Del. Miguel Hidalgo
C.P. 11560
Mexico, D.F. Mexico

Website    

 

 


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