Family Class Applications
Canadian immigration policy and legislation have a long tradition of supporting family reunification which permits both recent immigrants and long-established Canadians to be reunited with their close family members from abroad. The support of sponsors assists new immigrants in achieving self-reliance and leads to faster establishment in the country.
Who Can Be Sponsored
Only the following members meet the definition of “family class” and may be sponsored:
spouses, common-law or conjugal partners 16 years of age or older;
parents and grandparents;
dependent children, including adopted children;
children under 18 years of age whom you intend to adopt;
children under guardianship; or
brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship.
Please note that in order to meet the definition of “common law” partner, you must show evidence of cohabitation with that person for a period of at least 1 year. If you were unable to cohabit with your partner due to – for instance – societal/cultural reasons or discrimination – an argument could be made that you fall under the “conjugal partner” category, but this determination would have to be made on case-by-case basis.
Sponsorship obligations
It is important for your sponsor to understand that, when signing the Undertaking, he/she assumes a legal financial obligation for your well being once in Canada (for a period of 3 to 10 years after your arrival in the country, depending on the type of sponsorship). As a result, your sponsor may have to meet certain minimum income requirements (“LICO”) as set out by the Immigration and Refugee Protection Act. These requirements, however, do NOT apply when sponsoring a spouse or common law or conjugal partner.
Please note that should the Canadian Sponsor fail to financially support the sponsored applicant and he/she receives social assistance, the Authorities may take legal recourse against the Sponsor.
Sponsors must be Canadian Permanent Residents or Canadian Citizens over the age of nineteen (19) and must be residing in Canada, or if Canadian, show that they plan on returning to Canada with the sponsored individuals. Sponsors cannot be bankrupt, in default of a previous undertaking to sponsor, in prison, under a removal order or charged with a serious criminal offence.
Finally, in some cases, a Canadian citizen or permanent resident may be eligible to sponsor another relative. However, these circumstances are quite narrowly defined and you should always seek assistance of an immigration lawyer in such cases.
De-facto family members
In cases where the applicant does not fit within the definition of “Family Class,” he/she can still seek to be reunited with their nuclear family in Canada on Humanitarian & Compassionate grounds pursuant to the “de facto” family member provisions.
As section 8.3 of Chapter OP4 stipulates
De facto family members are persons who do not meet the definition of a family class member. They are, however, in a situation of dependence that makes them a de facto member of a nuclear family that is either in Canada or that is applying to immigrate. Some examples: a son, daughter, brother or sister left alone in the country of origin without family of their own; an elderly relative such as an aunt or uncle or an unrelated person who has resided with the family for a long time.
In these types of applications, an important consideration is to what extent the applicant would have difficulty in meeting financial or emotional needs without the support and assistance of the family unit in Canada. Factors to consider, include:
Whether dependency is bona fide and not created for immigration purposes;
The level of dependency;
The stability of the relationship;
The length of the relationship;
Ability and willingness of the family in Canada to provide support;
Applicant’s other alternatives, such as family (spouse, children, parents, siblings, etc.) outside Canada able and willing to provide support;
Documentary evidence about the relationship (e.g., joint bank accounts or real estate holdings, other joint property ownership, wills, insurance policies, letters from friends and family);
Any other factors that are believed to be relevant to the H&C decision.
This is a highly discretionary type of an application and in order to maximize your chances of success, a help from skilled and knowledgeable immigration lawyer is recommended (please also look under “Humanitarian & Compassionate” applications as these are directly related).
