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Immigration to Canada through family sponsorship (Family sponsorship Canada)

Canada offers various immigration programs that have specific selection criteria and requirements for each immigrant.

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The family sponsorship immigration program Family sponsorship is focused on reuniting spouses, parents, grandparents and other close relatives in Canada.

Immigration to Canada through family sponsorship assumes that a sponsor can invite relatives provided they are at least 18 years old and reside in Canada under the Canadian Indian Act or have permanent resident status in Canada.

When a sponsor is a Canadian citizen but lives outside the country and wants to be reunited, they must prove that they plan to live in Canada at the time their relative receives permanent resident status.

It is important to note that many legal requirements for Canada as a whole and for the province of Quebec can differ greatly. Quebec has many specific features that do not apply to Canada as a whole. You need to be aware of this and study the information carefully.

In order to act as a sponsor, they must confirm their financial capability. By doing so, the sponsor confirms that they will assume full financial responsibility for a certain period and cover the costs of the most necessary needs (housing, food, education, daycare). This period depends on the age of the sponsored person and their relationship to the sponsor. At the same time, a working-age person who is being sponsored should make every effort to become financially self-sufficient in the future.

To confirm financial capability, the sponsor must fill out a special form and submit it with the document package.

If the sponsor lives in Quebec, they must meet the requirements described by the Quebec immigration office and obtain confirmation that the office has qualified the person living in Canada as a sponsor.

Family reunification in Canada

When planning family reunification in Canada, you need to carefully study all requirements for the sponsor or applicant to avoid unpleasant situations. All information is available on the internet and on official websites.

Applicants who can be sponsored by a Canadian citizen are typically divided into groups:

  • spouses,
  • children,
  • parents, grandparents,
  • other relatives.

Spousal sponsorship

This group includes legally married partners, common-law partners and cohabitants. The main requirement is that the spouse must be at least 18 years old. The couple must have a marriage registered with the state according to the laws of the country where the registration took place and comply with Canadian laws. If the marriage was concluded in Canada, it is necessary to have a marriage certificate issued by the province where the marriage was registered. In the case of a common-law relationship, joint cohabitation must be confirmed (at least 1 continuous year).

Sponsorship of children

Children can move to a parent provided that:

  • they are under 22 years old and are not married,
  • they are older than the specified age but are dependent on their parents due to physical or mental conditions,
  • they are full-time students.

This concerns not only one’s biological child. A sponsor can sponsor the move of a spouse and the spouse’s child, even if the child is not biologically related.

In situations where the sponsor is a Canadian citizen and was such at the time of the child’s birth, the child has the right to Canadian citizenship even if they were born outside Canada.

Sponsorship of parents, grandparents

An applicant can act as a sponsor for both biological and adoptive parents. Moreover, the sponsor can include siblings in their application if they are dependent on the parents. The most important thing is that the applicant meets the main requirements of the family sponsorship program.

When submitting documents for family reunification, it is necessary to confirm family relationships. Each applicant must undergo a medical examination and provide biometric data and submit police clearance certificates.

Main steps of family sponsorship

  1. Collecting, filling out forms and submitting the complete package of documents.
  2. Signing the undertaking in which the sponsor agrees to provide financial support to the relative for a specified period.
  3. Preliminary approval of the application.
  4. The sponsor in Canada receives approval recognizing them as a sponsor under the family immigration program.

Husband visa

Canadian immigration law does not provide for a separate husband visa. To reunite with a wife who is a Canadian citizen, it is sufficient to obtain a visitor or tourist visa.

Who is considered a husband?

To obtain a husband visa, you need to prove that the relationship is not fake and falls into one of the following categories:

  • marital relationship officially registered (marriage certificate issued), either in Canada or abroad in accordance with Canadian requirements,
  • common-law relationship — free cohabitation of at least one year. Evidence may include joint purchase of goods or household items, joint rental agreements, joint payment of utilities, and so on,
  • marriage without cohabitation — conjugal partner. This is the case when partners had an intimate relationship (at least one year) but, due to circumstances, were unable to marry or live at the same address. For example, one partner may live in a country where divorce is prohibited or where immigration barriers exist.

Wife visa

As with the husband visa, the concept of a wife visa as a separate category does not exist in Canadian law. But this does not mean that close people cannot be reunited. Canada strongly supports family reunification. To get married in Canada, it is sufficient to obtain a visitor or tourist visa and also receive permission to marry in the province where the wedding is planned.

Documents that will need to be provided to obtain a visa:

  • passport,
  • birth certificate,
  • national ID card,
  • marriage certificate, divorce/death certificate of a former spouse (if needed),
  • police clearance certificates,
  • medical exam results,
  • proof of children,
  • photos like for a regular tourist visa,
  • documents proving financial means.

A very important point of the family immigration program to Canada is proving the relationship with the sponsor. From a legal point of view this is a marriage certificate, but if the document is absent, evidence of the relationship may include correspondence (no more than 10 pages), joint photos, proof of joint trips such as boarding passes, airline tickets, hotel bookings. It is also advisable to confirm that the spouses lived together. This can be done by providing a joint rental agreement, property purchase documents, utility bills, insurance policies or proof of receiving important correspondence in your or your sponsor’s name at the same address, confirmation of recognition of your relationship by the community or by your friends or relatives.

Analyze your case and plan immigration to Canada carefully and thoughtfully. Sometimes it is better to get several consultations about your case from immigration consultants and build backup options than to make a mistake and miss the opportunity.

Nakaz UA
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