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Family Sponsorship allows eligible Canadian citizens and permanent residents to sponsor certain family members for permanent residence in Canada. The program is intended to help families reunite while requiring both the sponsor and the person being sponsored to meet applicable immigration requirements.
At Nadeem Law Office, we assist clients with Family Sponsorship applications involving spouses, common-law partners, dependent children, parents, grandparents, and other eligible relatives in limited circumstances. We provide guidance on eligibility, relationship evidence, sponsorship requirements, supporting documents, refusals, appeals, and related immigration matters.
With our head office in Mississauga and branch offices in Cambridge and London, Ontario, we assist clients in Canada and internationally with Canadian Family Sponsorship matters.
Canadian immigration law permits sponsorship of certain family members if the applicable requirements are satisfied.
Depending on your circumstances, Family Sponsorship may be available for:
Each sponsorship category has its own requirements. Eligibility should therefore be assessed based on both the sponsor’s circumstances and the relationship with the person being sponsored.
Canadian citizens and permanent residents may be able to sponsor an eligible spouse for Canadian permanent residence.
A legally valid marriage does not automatically guarantee approval of a sponsorship application. Immigration authorities may examine whether the relationship is genuine and whether it was entered into primarily for immigration purposes.
A spousal sponsorship application may therefore include evidence demonstrating the history and development of the relationship.
Depending on the circumstances, this can include documents concerning communication, time spent together, travel, shared residence, financial arrangements, family involvement, photographs, and other evidence relevant to establishing the relationship.
A person may also be able to sponsor a common-law partner.
For Canadian immigration purposes, common-law status generally requires the couple to have lived together in a conjugal relationship for at least 12 consecutive months, subject to the applicable legal rules.
Applicants should provide appropriate evidence establishing the period of cohabitation and the nature of their relationship.
Evidence may include leases, residential documents, joint financial records, correspondence, identification showing a shared address, insurance or beneficiary information, and other documents demonstrating a shared life.
In certain circumstances, a Canadian citizen or permanent resident may be able to sponsor a conjugal partner.
This category is not simply an alternative for couples who have not lived together for 12 months or who do not wish to marry. Specific legal requirements apply, and the circumstances preventing marriage or cohabitation can be important to the assessment.
Because conjugal partner applications can raise complex eligibility issues, the circumstances should be reviewed carefully before an application is submitted.
Eligible parents may be able to sponsor their dependent children for permanent residence in Canada.
Whether a child qualifies as a dependant depends on the applicable immigration definition, including age and, in certain circumstances, dependency arising from a physical or mental condition.
It is also important to properly declare family members in Canadian immigration applications. IRCC requires applicants to provide information about their family members, including certain non-accompanying family members. Failure to properly declare and have a family member examined where required can create serious immigration consequences and may affect the ability to sponsor that person later.
Canadian citizens and permanent residents may also have an opportunity to sponsor eligible parents and grandparents for permanent residence through the Parents and Grandparents Program (PGP).
Unlike ordinary spousal sponsorship, however, the PGP does not continuously accept applications.
At present, the Parents and Grandparents Program is paused for new applications. IRCC is not currently accepting new interest-to-sponsor forms or issuing new invitations until further notice, although existing applications continue to be processed.
When the program accepts applications, sponsors must satisfy applicable requirements, which can include minimum income requirements and a long-term financial undertaking.
Because the intake process and requirements can change, potential sponsors should confirm the current status of the program before preparing an application.
Parents and grandparents who are not able to apply for permanent residence through the PGP may also consider whether they qualify for a Super Visa for extended temporary visits to Canada.
Family Sponsorship for relatives outside the usual spouse, partner, child, parent, and grandparent categories is much more limited.
In certain circumstances, a person may be able to sponsor an orphaned brother, sister, nephew, niece, or grandchild who meets the applicable requirements.
Canadian immigration law also permits sponsorship of another relative in a narrow category where the sponsor meets specific conditions concerning their family relationships in Canada and abroad.
Eligibility in these cases should be carefully assessed before submitting an application.
The requirements depend partly on the family member being sponsored.
Generally, a sponsor must meet requirements concerning their age, Canadian immigration status, residence or intention to reside in Canada where applicable, and other statutory eligibility requirements.
Certain circumstances can make a person ineligible to sponsor. These can include, depending on the applicable sponsorship category:
The sponsor’s eligibility should be reviewed before the application is submitted.
Family Sponsorship involves a significant financial commitment.
A sponsor must generally sign an undertaking promising to provide for the sponsored person’s basic needs during the applicable undertaking period.
The length of the undertaking depends on the relationship and circumstances.
For example, the undertaking for a sponsored spouse or partner is generally three years from the date the sponsored person becomes a permanent resident. For parents and grandparents outside Quebec, the undertaking is generally 20 years.
An undertaking does not simply end because the sponsor’s circumstances change after permanent residence is granted. Separation, divorce, financial difficulties, or changes in the relationship do not ordinarily cancel an undertaking that has already taken effect.
Sponsors should therefore understand their legal and financial obligations before proceeding.
Financial requirements vary depending on the sponsorship category.
For most spouse, partner, and dependent-child sponsorship applications, there is generally no minimum income requirement, although exceptions can apply in certain circumstances.
Parents and grandparents sponsorship, by comparison, involves specific income requirements. Sponsors must demonstrate that they satisfy the applicable financial criteria for the required period.
The financial requirements should therefore be assessed based on the particular Family Sponsorship category.
Spousal and partner sponsorship applications can involve different application classes depending on where the sponsored person lives and the circumstances of the couple.
A spouse or partner living with the sponsor in Canada may qualify under the applicable in-Canada sponsorship category. Other applications may proceed through the Family Class.
Choosing the appropriate category can be important because it can affect procedural issues, including appeal rights following a refusal.
Certain spouses or partners being sponsored from within Canada may also qualify for an open work permit while their permanent residence application is being processed, provided they meet the applicable requirements.
Relationship evidence is an important part of many Family Sponsorship applications.
IRCC may assess the overall circumstances of the relationship rather than relying on one particular document.
Depending on the case, relevant evidence may include:
The appropriate evidence will depend on the history and circumstances of each couple.
Previous marriages, common-law relationships, sponsorships, divorces, and family circumstances can affect a Family Sponsorship application.
Applicants should ensure that previous relationships have been properly disclosed and that documentation establishing divorce or termination of a previous relationship is provided where required.
A person who previously became a permanent resident through spousal or partner sponsorship may also face restrictions on when they can sponsor a new spouse or partner.
Similarly, a person who previously sponsored a spouse or partner may remain subject to the previous undertaking for a specified period.
The person being sponsored must satisfy applicable Canadian immigration requirements.
Depending on the circumstances, processing can involve medical examinations, criminality and security screening, biometrics, identity documentation, and other admissibility considerations.
Past immigration history, criminal charges or convictions, misrepresentation concerns, or other admissibility issues can complicate an application.
Where such issues exist, they should be identified and addressed as early as possible.
A Family Sponsorship application can be refused for various reasons.
Potential concerns may include:
A refusal should be reviewed carefully before deciding on the next step. Depending on the circumstances, the appropriate option may involve an appeal, judicial review, or another immigration application.
In many Family Class sponsorship refusals, the sponsor may have a right to appeal the refusal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board.
The IAD can consider legal and factual issues relating to the refusal and, in cases where the law permits, humanitarian and compassionate considerations.
A sponsorship appeal generally must be filed within 30 days after receiving the refusal decision.
However, not every sponsorship refusal carries a right of appeal. For example, IRCC states that a refusal under the Spouse or Common-Law Partner in Canada Class cannot be appealed to the IAD.
There are also statutory restrictions on appeal rights in certain inadmissibility cases.
Because the correct remedy depends on the type of application and the reason for refusal, it is important to obtain advice promptly after receiving a refusal.
Where there is no right of appeal to the Immigration Appeal Division, or where an appeal has been unsuccessful, an applicant may be able to seek leave and judicial review before the Federal Court of Canada.
Judicial review is different from a sponsorship appeal. The Federal Court does not simply reconsider the sponsorship application and decide whether it would have reached a different result. Rather, the Court determines whether there is a legal basis to intervene in the decision under review.
The process begins with an Application for Leave and for Judicial Review. If judicial review is successful, the Court may set aside the decision and return the matter for reconsideration.
Strict filing deadlines apply to Federal Court proceedings. Legal advice should therefore be obtained promptly after a sponsorship refusal or unsuccessful appeal.
At Nadeem Law Office, we assist clients with Family Sponsorship matters including:
We review the circumstances of the sponsor and applicant, identify potential legal or evidentiary issues, and provide guidance throughout the sponsorship process.
Family Sponsorship applications can involve important questions concerning sponsor eligibility, relationship evidence, financial undertakings, admissibility, and immigration history.
Careful preparation can help ensure that the application accurately presents the relationship and includes the documents required for the applicable sponsorship category.
If your Family Sponsorship application has already been refused, obtaining legal advice promptly is particularly important because deadlines may apply to an IAD sponsorship appeal or Federal Court judicial review.
Nadeem Law Office assists clients with Family Sponsorship applications, refusals, and appeals through our offices in Mississauga, Cambridge and London, Ontario.
Contact Nadeem Law Office to schedule a consultation regarding your Family Sponsorship application or appeal.
info@nadeemlaw.com