Who qualifies for immigration under the Family Class?
Applicants under the Family Class are sponsored for a Canadian Immigrant Visa by a close relative who is either a Canadian citizen or a Canadian permanent resident. The Canadian relative is known as the sponsor. To qualify under the Family Class, an applicant must be related to the Canadian sponsor in one of the following ways:
The applicant must be the sponsor's spouse; common-law or conjugal partner; parent; orphaned brother, sister, nephew, niece, or grandchild - under 19 and unmarried; a child under 19 who is either orphaned or placed with a child welfare authority for adoption and who the sponsor intends to adopt; the sponsor's dependent child; or, if the sponsor has no relative as listed above and no relatives who are Canadian citizens or Canadian permanent residents, one other relative.
Who can be included in a Family Class application?
The spouse or common-law partner and dependent children of the principal Family Class applicant can be included in the application for Canadian permanent residence. All individuals included in the application will be required to pass police and security clearances and medical examinations.
Who qualifies as a "Dependent Child"?
For Canadian Immigration purposes, a "dependent child" means a child who is:
- Under 22 and unmarried on the date the application for sponsorship is submitted (and still unmarried on the date the child lands in Canada); or
- Of any age or marital status and financially dependent on his or her parents as a result of being either: continuously enrolled and in attendance as a full-time student in an educational institution since the age of 22 (or since the date of marriage, if married before 22); or unable to support him or herself due to a physical or mental disability.
- Students who interrupt their full-time studies for less than one year in total and remain financially dependent upon their parents during that time will still be considered "dependent children".
What if the dependents will not accompany the Family Class applicant to Canada?
All of the principal Family Class applicant's dependents are required to pass applicable police and security clearances, and medical examinations, whether they are accompanying the principal Family Class applicant or not.
What financial criteria must be satisfied to qualify as a sponsor?
The sponsor must be able to demonstrate the financial ability to provide for the essential needs of the Family Class applicant and dependents (sponsored family members). The financial ability requirements may not apply where the sponsored individual is a spouse and/or one or more dependent children.
What does "Essential Needs" mean?
The sponsor and co-signing spouse (if applicable) have to provide the sponsored family members with food, clothing, shelter and other basic requirements of everyday living. This includes dental and eye care and other health needs not covered by public health services available to Canadian citizens and permanent residents.
The obligation to provide for the essential needs of the sponsored relatives will only arise if the sponsored relatives are unable to provide for these means on their own.
What if the sponsor does not have the requisite financial ability?
The spouse of the sponsor may act as a co-signor if the sponsor does not have the required financial ability. In such case, the spouses' combined financial abilities will be assessed, and the co-signing spouse will be equally liable in case of default. The co-signing spouse may be a common-law spouse, provided that the common-law couple has been living together for at least one year.
If the combined financial abilities of the sponsor and the co-signing spouse still do not meet the minimum requirements, then the application for sponsorship will be refused.
The foregoing financial requirements may not apply where the individual being sponsored is a spouse and/or one or more dependent children.
What other criteria must the sponsor satisfy?
The sponsor must be a Canadian citizen or permanent resident; at least 19 years old; physically reside in Canada (or demonstrate an intention to reside in Canada by the time the sponsored family member lands in Canada); not be in prison; not be bankrupt; and not be under a removal order if a permanent resident.
As a sponsor, what obligations are there toward the government?
The sponsor and the sponsor's co-signing spouse (if applicable) are obliged to sign an "Undertaking to Assist a Member of the Family Class" with the Government of Canada. The signed document is a promise to provide for the essential needs of the sponsored family members for a period of 10 years following landing in Canada. The purpose of this agreement is to ensure that the sponsored family members do not become dependent on Canadian public welfare assistance. The Canadian Government provides the form of agreement. A similar provincial form is provided for sponsors who reside in Quebec, with the notable difference that the duration of the commitment is only three years in the case of sponsored spouses.
Can the "Undertaking to Assist a Member of the Family Class" be revoked or modified?
The “Undertaking to Assist a Member of the Family Class” once made cannot be cancelled or modified by the sponsor at any time after the sponsored family members have landed in Canada.
What if the sponsor does not fulfill the terms of the "Undertaking to Assist a Member of the Family Class"?
Failure to meet any of the commitments provided for in the “Undertaking to Assist a Member of the Family Class” could result in legal action being taken against the sponsor and the co-signer.
What other agreements must the sponsor enter into?
The sponsor is obliged to enter into a sponsorship agreement with the sponsored family member/s. By signing this agreement, the sponsor agrees to provide for the essential needs of the sponsored family member/s.
What documents must the sponsor submit?
The sponsor and the sponsor's co-signing spouse (if applicable) must complete and submit an "Application to Sponsor a Member of the Family Class" form (IMM-1344A Form), as well as a "Financial Evaluation" form (IMM-1283 Form) where the sponsor indicates his or her financial ability to support the Family Class Immigrant (and his or her spouse and dependents). The following additional documents are required:
- The "Undertaking to Assist a Member of the Family Class";
- The sponsorship agreement;
- The "Statutory Declaration of Common-Law Union" form (only required where the sponsor's co-signer is a common-law spouse);
- Documents supporting the sponsor's "Financial Evaluation" form (such as tax returns, Notice of Assessment from Revenue Canada, letters from employers indicating salary and length of time employed, pay stubs, proof of other income such as rental and pension income, and proof of financial obligations such as mortgages, property/school taxes, personal loans/lines of credit, alimony payments and insurance payments;
- Documents evidencing the Canadian status of the Sponsor (such as Record of Landing or Canadian Birth Certificate or Citizenship Card or Certificate of Registration of Birth Abroad together with Certificate of Retention of Canadian Citizenship); and
- Documents evidencing relationship to Family Class Immigrant (such as marriage certificates, adoption orders, passports indicating identity of parents/children, etc.).
If the sponsor resides in the Province of Quebec, corresponding forms provided by the Quebec Government will be required in place of most Federal forms.
What documents must the Family Class Immigrant submit?
The Family Class Immigrant, spouse and each dependent child aged 18 or over (whether accompanying the Family Class Immigrant or not) will each be required to complete and submit an "Application for Permanent Residence" form (IMM-008 Form). Applicants destined to the Province of Quebec will be required to complete an Application for a Quebec Certificate of Selection form. The following additional documents are required:
- Statutory documents (such as local police good conduct certificates, birth certificates, household register forms, valid passport and ID cards, etc.); and
- Documents proving the relationship to the sponsor (such as marriage certificates, household register forms, valid passport and ID cards, etc.).
Where is the Application to Sponsor submitted?
The Canadian sponsor submits the application to Immigration Canada's Case Processing Center located in Mississauga, Ontario.
Where is the Family Class Immigrant's application submitted?
The Family Class Immigrant's application is an Application For Canadian Permanent Residence In Canada and as a general rule it is submitted to a Canadian Visa Office located outside of Canada. If the intended destination is within the Province of Quebec, an additional application for a Quebec Selection Certificate is submitted to the Quebec Government.
Are there circumstances that may allow a Family Class Immigrant to apply from within Canada?
For humanitarian and compassionate reasons, certain Family Class Immigrants are allowed to submit their applications for permanent residence from within Canada. To qualify, immigration official will have to be convinced that the Family Class Immigrant would suffer excessive hardship in applying for permanent residence from outside of Canada.
Family Class Immigrants applying from within Canada are required to submit additional government forms in support of their applications for permanent residence. They must also ensure that their Canadian visitor status remains intact while they wait for their Immigrant Visas to be issued.
Can a Family Class Immigrant work or study in Canada while the application is being processed?
While waiting for their Immigrant Visas, Family Class Immigrants are allowed to work or study in Canada only if they have been granted an Employment Authorization or Student Authorization. Family Class Immigrants entitled to apply for permanent residence from within Canada can apply for an open Employment Authorization after their applications have been approved in principle by immigration officials.
Must Family Class Immigrants and Sponsors attend interviews with immigration officials?
In certain cases, immigration officials will convene Family Class Immigrants and their dependents for a selection interview. The main purpose of the interview is to satisfy the immigration official as to the family relationship to the Canadian sponsor. In other cases, the Canadian sponsor may be interviewed in Canada to verify financial ability and to confirm family relationship. In some cases, however, no interviews take place.
How long will the entire sponsorship process take?
The length of the sponsorship process varies depending on the Visa Office to which the Family Class Immigrant's application is submitted. Sponsorship cases are a priority at all Visa Offices and such applications are processed ahead of skilled worker applications and applications under the Business Immigration Program.
