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Canada Family Sponsorship & Permanent Residency

The Canadian government is committed to keeping families together and has thus launched several Canadian Family Class Sponsorship programs. Under Family Class sponsorship, there are number of relationships that can apply and qualify for Family Class Sponsorship and visit, stay, or work in Canada along with their family members.

Different types of Visas under family category:

  • Common-Law Partner Visa: Canadian Citizens and permanent Canadian residents can sponsor their common-law partner and should intend to live with applicant and support his/her financially. Once the Common-Law Partner Visa is approved, the applicant can live, study and work in Canada for an indefinite period.
  • Dependent Child (Children) Visa: With Dependent Children Visa, Canadian citizens and permanent Canadian residents can apply to sponsor their (or their partner’s) dependent or adopted children. Dependent children have to be of 19 yrs. of age or below. Once the visa is approved, dependent children can live in Canada with their sponsoring parent(s). Under Dependent children Visa, the applicants can enjoy permanent residence and can live, study and work in Canada.
  • Family-Based Provincial Nominee Visa: Permanent residents or Canadian citizens located in specified provinces can sponsor their eligible relatives under Family-Based Provincial Nominee visa program for permanent residency in Canada. The list of provinces includes:
    • Newfoundland
    • Saskatchewan
    • Nova Scotia
    • New Brunswick
    • Prince Edward Island
    • Manitoba
  • Parental and Grandparental Visa: Canadian children and grandchildren (or Permanent Canadian residents) can sponsor their parents and grand-parents to live in Canada. The Canadian sponsor must live with the applicants and should be capable of financially supporting them. Once the visa gets approved, the applicant can live, study, and work in Canada as well as enjoy permanent residency.
  • Spousal Visa: A Permanent Canadian resident or a Canadian citizen can sponsor a person as his/her spouse if the marriage is performed in a legal service. Under Spousal Visa partners can be of different sex as well as same sex but should be in a marriage that is legally recognized.

FAQs

I wish to bring my parent as well as grandparent that to Canada. Which Family Class Sponsorship program is right for me?

You can bring your parent & grandparent to Canada under Canada’s parents and grandparents sponsorship program. However, this program has a yearly cap on the number of applicants, and of this cap is reached then you may also apply under Super Visa Program. Under Super Visa Program, a Canadian permanent resident or citizen can sponsor his parents/grandparents to visit Canada on extended multi-entry visas that last up to 10 years. Other than this, there are few other Provincial Family Class Sponsorship programs which you can choose from.

I want to bring my spouse or common law partner to Canada; which Family Class Sponsorship program should I apply?

To bring your spouse to Canada, there are number of options you can look forward to. However, since every option has its own advantages and disadvantages, you have to weight them carefully. You may choose from different Provincial Family Class Sponsorship programs or one of the two types of federal spousal sponsorship: inland and outland. Choose the one that meets your case. Also do ensure that your spouse or common law partner meets the eligibility criteria and you yourself meet Canada’s sponsorship requirements.

I have a dependent child and I want to bring him to Canada. How shall I proceed with Visa process?

If you are a Canadian citizen or permanent resident and have a dependent child abroad, then you can easily sponsor him and bring to Canada under Canada’s dependent child sponsorship program. To bring your dependent child to Canada, you must ensure that you meet the Canada’s sponsorship requirements and your dependent child as well meet the eligibility criteria to visit, live, work or study in Canada.

I am a permanent Canadian resident, and I wish to sponsor my relative to Canada. What would be my role under this?

If you are sponsoring a relative to visit, live, work or study in Canada as a permanent resident, then you must:

  • Be able to meet basic needs—such as food, clothing and shelter—for yourself and your relative
  • Support your relative financially when he or she arrives
  • Make sure your spouse or relative does not need to ask for financial help from the government

What are the basic requirements to apply for Common-Law Partner Visa?

To apply for the Common-Law Partner visa, applicants should:

  • Produce authentication of an ongoing and genuine relationship.
  • Establish that the sponsor and the applicant have been residing together at a common address for at least 1 year.
  • Agree to sign an undertaking stating to provide for all of the applicant’s basic needs for at least 3 years from the partner’s arrival to Canada.
  • Undergo health and character checks prior to the arrival

Is medical examination test important to apply for Canadian Family Visa?

Yes, every applicant must meet the health requirement as specified by the Canadian government.

Can I get a fee refund if I change my mind?

Once an application is submitted successfully no refund is made.

Why do I need immigration assistance?

Canadian immigration laws and visa regulations are complicated; thus seeking professional immigration advice and support before beginning the process can help in avoiding unnecessary delays and save money.

Why choose WWICS?

By consulting and contacting WWICS the client get assistance in:

  • Submitting the complete application with required documentation
  • Preparing for visa interview
  • Every sort of communication with the Visa office
  • Monitoring visa application process
  • Saving time and money

Visas in the Family category include :

Common-Law Partner Visa

As per the Common-Law Partner visa, Canadian citizens and permanent Canadian residents are entitled to sponsor their common-law partner and (eligible) dependent children. This visa permits the applicants to be sponsored if they have been residing with their qualifying Canadian partners for one (1) year or more in a continuing relationship with an intention to live together in Canada.

On approval, the Canadian partner must be agreeable to live in Canada with the applicant, besides being capable of supporting the applicant without any access to public funds. Once approved, the common-law partner will be allowed to enjoy permanent residence and the right to join their sponsoring partner in Canada.

Common-Law Partner Visa Basic Requirements

This visa is applicable for both same-sex and opposite sex couples. In order to apply for the Common-Law Partner visa, applicants should be able to produce authentication of an ongoing and genuine relationship. They should be able to establish that the sponsor and the applicant have been residing together at a common address for at least 1 year, in Canada.

The sponsor should agree to sign an undertaking stating to provide for all of the applicant’s basic needs for at least 3 years from the partner’s arrival to Canada. Undergoing health and character checks prior to the arrival is mandatory for all common-law partners.

Common-Law Partner Visa Entitlements

Common-law partners, enjoying the permanent residence under the Family Class are entitled to live, study, and work in Canada for an indefinite period (until further notice). They have the access to Canadian government-funded health care, language training programs, subsidized education and assistance with employment. Further they are also eligible for benefits that make them eligible for Old Age Security, Canada Pension Plan Benefits and Guaranteed Income Supplement. Additionally, it also allows the visa holders to participate in retirement plans such as Registered Retirement Savings Plans (RRSP). They may also apply for Canadian citizenship.

Dependent Children Visa

The Government of Canada has always encouraged to keep families together in Canada. With this objective in mind, the Family Class of immigration reunites close members of the family in Canada. Also the processing of dependent visa applications is done on a priority basis at Canadian Visa Offices.

The Dependent Child visa is a part of the Family Class of immigration program. A citizen of Canada or a person having permanent residence of Canada, 18 years of age or above, is eligible to sponsor his/her dependent children to live in Canada as permanent residents. Both natural and adopted children are eligible for sponsorship in Canada.

Eligibility for Dependent visa for Canada

A citizen or permanent resident of Canada, can sponsor his/her:

  • spouse
  • common-law or conjugal partner, or
  • dependent children for resettlement in Canada

Dependent child refers to the applicant’s children and those of the spouse or common-law partner, if applicable. The dependent child must be:

  • Below 19 years of age and not have a spouse or common-law partner
  • 19 years of age or older but not financially self-sufficient since before the age of 19 due to a physical or mental condition.

To be eligible for the child sponsorship program, the ‘sponsor’ (Canadian citizen or permanent resident) and the ‘sponsored person’ (the child), have to be approved by Citizenship and Immigration Canada (CIC).

Visa requirements

If you sponsor a family member for resettlement in Canada, you must evidence that you can:

  • Suffice the basic needs—such as food, clothing, living, etc. for yourself and your family
  • Satisfy the financial needs of your relative, and
  • Also assure your family member does not require financial help from the government.

Entitlements for Dependent Children Visa

Dependent children under the Family Class sponsorship program have the allowance to live, study and work in Canada for an indefinite period of time until any further notification. Dependent children having dependent visa for Canada, get permanent residence and access to a number of other privileges. They have access to government-funded health care, government subsidized education facilities, they can attend language training programs and can also seek help for finding employment. Further they are also eligible to participate in Retirement Plans, Old Age Security, Guaranteed Income Supplement, and Pension Plans. In addition to this, they are also eligible to apply for Canadian citizenship.

Requirements to apply for permanent residence in Canada

To be eligible for permanent residence in Canada, you must meet different requirements in all these areas:

  • You must be at least 18 years old to apply.
  • You must have a Permanent resident status in Canada
  • You must have lived in Canada for a specified time
  • You must have fulfilled your personal income tax filing obligations
  • You will need to declare your intent to stay in Canada
  • To become a citizen, you need to have good knowledge of the two official languages of Canada—English and French
  • You must have a good knowledge about Canada.
  • In case you have committed a crime in or outside Canada you may not be eligible to become a Canadian citizen for a period of time.

Which family members are eligible for a dependent visa?

The family members who can migrate with you to Canada include:

  • your spouse or common-law partner,
  • your dependent child,
  • your spouse or common-law partner’s dependent child, and
  • a dependent child of a dependent child.

How can I sponsor my spouse, partner or dependent child for a Canadian permanent residence?

To sponsor them, you need to send the required forms to the Case Processing Centre in Mississauga, Ontario. In case you want to sponsor more than one dependent child, you must apply separately for each child and send all the applications together in a single envelope.

How long will it take to process my application?

The processing times vary and cannot be predicted. They depend on the application type and the number of applications being processed.

Where can I check the application processing time?

You can use the processing times tool to find out how much time your application will take for processing.

How can I pay the visa fees?

If you live outside Canada, the best way to pay your visa fee is online. You can also pay your fees with an international money order or bank draft.

How to confirm that my application has been received or not?

If you mailed your application to CIC, the courier service, gives you a delivery confirmation and you can also track your package. If you applied at a Visa Application Centre, CIC can only confirm your application package has been received when it is opened in the offices. In case of online application, when you submit your application you will get a confirmation page. A confirmation message with a confirmation number can be found in your MyCIC account.

How to ensure that my sponsorship application is not delayed or refused?

To avoid any delays or refusal, you need to ensure:

Why do I need immigration assistance?

Canadian immigration laws and visa regulations are complicated; thus seeking professional immigration advice and support before beginning the process can help in avoiding unnecessary delays and save money.

  • That the form has been properly filled and signed,
  • You form is supported by all documents listed on the Document Checklist (IMM 5287),
  • You have paid your processing fee online
  • You have included the payment proof of your processing fee with your application
  • You pay the permanent residence fee, when you get a letter asking you to do so

What happens if my sponsorship is refused?

The person you want to sponsor should meet the permanent residence requirements. In case their permanent residence application is refused, the reason for refusal will be mentioned along with the option to appeal the decision.

Can a sponsored person work or study in Canada while their application is being processed?

Sponsored persons can work or study in Canada only when their Sponsorship Application has been approved by CIC. However, if the sponsored person was already in Canada on a valid Work Permit or Study Permit, he may continue to work or study.

Why is it better to seek help from a visa consultant for your Dependent Child/Children Visa Applications?

Seeking professional help is a personal choice. You can carry out the visa application process all by yourself. But, a consultant can help you through the entire visa application process negating any change of errors. Thus, the chances of approval increases and your application process is hassle-free.

Family-Based Provincial Nominee Visa

Canada encourages familial ties, hence offers the Family-Based Provincial Nominee visa. As per the program, applicants should have sponsors who should be permanent residents or Canadian citizens located in specified provinces. The provinces are:

  • Manitoba
  • New Brunswick
  • Newfoundland
  • Nova Scotia
  • Saskatchewan
  • Prince Edward Island

Once issues, applicants are allowed permanent residence and right to work in Canada.

Family-Based Provincial Nominee Visa Basic Requirements

To obtain this visa, applicants should produce evidence of a close family relative willing to sponsor them. Besides, possessing English or French language skills, applicants should also have requisite settlement funds.

However, applicants will have to meet certain requirements, with reference specific regions, as below:

  • New Brunswick Skilled Worker (NBPNP) – Family Support visa: Under this program, applicants should have close family relatives in New Brunswick and fulfill the age, employment, experience, language and adaptability requirements.
  • Manitoba Provincial Nominee Program (MPNP) – Family Support visa: Applicants under this program should have completed at least 21 years of age, while should not be more than 49 years. They should have completed post-secondary education of at least one academic year and received a diploma or certificate. Apart from this, they should have at least two years of full-time work experience within the past five years of applying.
  • Saskatchewan Immigrant Nominee Program (SINP) – Family Members visa: To obtain this visa, applicants must be between 18 – 49 years of age. They should have completed the mandatory educational requirements and have a permanent, full-time job offer from a Saskatchewan Employer.
  • Newfoundland & Labrador Provincial Nominee Program (NPNP) – Family Connection visa: Applicants applying for this program should be between the ages of 18 to 49 years. They must have finished post-secondary education, training or apprenticeship of at least one year in length, resulted in a diploma, a certificate or a degree, and have at least one year of work experience. Besides, they should also have a full-time permanent job offer from a local employer.
  • Nova Scotia Nominee Program (NSNP) – Non-Dependent Child of Nova Scotia Nominees visa: According to this program, applicants must be the non-dependent children of immigrants who were nominated under the Nova Scotia Nominee Program (NSNP). Also as per the Nova Scotia Family Business Worker Stream, family-owned businesses can employ close relatives with skills that cannot be found locally.

Family-Based Provincial Nominee Visa Entitlements

Family-Based Provincial Nominee visa holder is permitted permanent residence in Canada. Applicants can join their sponsors under the Family Class and can exercise their rights to stay, study and work in Canada until further notice. Applicants, now permanent residents can access Canada’s government-funded programs which include sponsored education, language training programs, assistance for finding employment and health care. In addition, the applicants are also eligible for plans such as Guaranteed Income Supplement, Old Age Security, Canada Pension Plan Benefits and the option to participate in retirement plans such as Registered Retirement Savings Plans (RRSP).

Spousal Visa & Sponsorship

The Spousal Visa program is a sub-category of the Family Visa Canada stream, as per which citizens or permanent residents of Canada can sponsor their spouse or common-law partner for Canadian permanent residency. To be eligible for Canadian Spousal visa, both sponsor as well as applicant (sponsored person) has to get approval from by Citizenship and Immigration Canada (CIC). WWICS with its years of experience in resettlement domain help the candidates who wish to apply for Spousal Visa under Family Class Visa Canada in applying for the visa and smoothly complete the process to get the spousal Canada visa quickly.

Eligibility requirements (for Sponsor) 

To be able to sponsor one’s spouse for Canadian Spousal Visa, a sponsor must meet following eligibility requirements:

  • The sponsor has to be of 18 years or above in age
  • The sponsor should be a permanent resident or citizen of Canada
  • The sponsor must not have been in prison, under a removal order (in case of a permanent resident), be bankrupt, or have been charged with a grim offence.
  • The sponsor should not have been sponsored to Canada as a spouse within a span of last five years.

Conditions of Spousal Visa 

Certain rules and regulations related with permanent residency for resettlement offered under Canadian Spousal Visa program include:-

  • The sponsor has to be economically sound and be capable of sponsoring the applicant, for at least a minimum of three years period after the applicant has gained a permanent resident status in Canada.
  • A to-be-sponsor, who got Permanent residency to Canada as spouse under Spousal Visa program is not allowed to sponsor a spouse in turn for five years post receiving their permanent residency in Canada.
  • If the partners are in a relationship with no children (with same partners) and are in a relationship for less than 2 years, than, once in Canada, the applicant must live with his/her spouse/partner in a lawful relationship a minimum of two years, or are subject to facing the possibility of having their Permanent Residency revoked.

Documents required to apply for Canada Spousal Visa:

Documents required for Sponsors

  • Duly filled & signed original of completed application to sponsor, sponsorship agreement & undertaking (IMM 1344)
  • Original of completed Sponsorship Evaluation (IMM 5481) or Financial Evaluation (IMM 1283)
  • Copy of processing fee paid receipt
  • Original of Completed Statutory Declaration Of Common-Law Union (IMM 5409)
  • Original of complete Sponsor Questionnaire

Documents required for applicants to be sponsored 

  • Completed & signed original of Generic Application Form for Canada (IMM 0008)
  • Original of completed Schedule A – Background / Declaration (IMM 5669)
  • Original of completed Spouse/Partner Questionnaire (IMM 5490)

Supporting Documents

  • Copy of Permanent Resident cards for both partners
  • Photocopy of marriage certificates
  • Proof of employment
  • Travel documents
  • Proof of medical examinations
  • Original of police clearance certificate
  • Identity & civil Status documents

What are the possible rejection reasons for a Sponsor for Canadian Spousal Visa?

A migration permit application may be rejected, if the sponsor does not meet following conditions:

  • The sponsor has failed to offer financial assistance to a previously sponsored commitment
  • If the sponsor is under 18 years of age
  • If the partners have lived separately and one of the two has been in a conjugal or common-law relationship with a third person
  • If the applicant has immigrated to Canada and was not examined by CIC
  • If the sponsor already has an existing valid sponsorship agreement at the time of filing another sponsorship application to CIC.

Who can sponsor for Canadian Spousal Visa?

A person who is a Permanent Resident of Canada and is legally married to a person (who is not a citizen or permanent resident of Canada) can sponsor his as his/ her spouse for Canadian Spousal Visa. In this case, both applicant as well as sponsor has to demonstrate their relationship under one of the three categories:

  • Spouse
  • Common-law Partner
  • Conjugal Partner

Does CIC consider marriage between two persons of same sex to provide Spousal visa?

Yes, if the marriage is legally performed in or outside the provinces of Canada, even between two persons of the same sex, Citizenship and Immigration Canada recognizes it for immigration purposes. Same-sex partners are eligible to apply for Spousal Visa provided they meet all eligibility requirements.

How can WWICS help me in my Spousal Visa application?

WWICS is backed by a team of expert consultants, who possess years of experience in the field of global resettlement and visa procedures. The consultants at WWICS guide the clients through the entire migration process, inform them about the processing times and help them gain permanent residency in Canada in the smoothest way & shortest possible time.

Can the sponsored person study or work in Canada after their application is processed?

Once the sponsorship application is approved by CIC, the sponsored persons are allowed to study and work while they are waiting for their Canadian Immigration Visa.

What is Five-year sponsorship bar under Family sponsorship Canada visa?

As per five year sponsorship bar, a spouse or partner who was sponsored in last five years for becoming a permanent resident cannot sponsor a new spouse or partner. This bar is even for those partners who got Canadian citizenship during last 5 years. However, no other member of the family class is affected by this rule change.

Is medical examination important to apply for Spousal Visa to Canada?

Yes, every applicant must meet the health requirement as specified by the Canadian government.

Why do I need resettlement assistance?

Canadian immigration laws and visa regulations for Spousal Visa are complicated; thus taking professional migrating assistance and support before applying for Spousal visa Canada application can save the applicants from unnecessary burden of knowing the possibility and as a result saving time as well as money.

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