IMMIGRATION CONSULTANT * IMMIGRATION SERVICES CANADA - Seek advice from a Licensed Canadian ICCRC member !
www.csico.ca (Can Services & Immigration Consultancy)
If you are a Canadian Citizen (CC), Registered Indian, or Permanent Resident (PR), you may sponsor the persons of the family class (with restrictions) which include the sponsor’s immediate family members; eligible immediate relatives; a person to adopt; and other relatives of the sponsor as defined by regulation.
QUALIFICATIONS OF A SPONSOR
a. social assistance for a reason other than disability
b. undischarged bankruptcy
c. you were a previously sponsored a spouse or partner, and you became a PR less than 5 years ago
d. still under an undertaking for a previous spouse or partner and and it has not been 3 years since he or she became a PR
e. failure to provide for the basic needs of a previously-sponsored person who received social assistance (unless fully repaid)
f. failure pay court-ordered alimony or child support
g. failure to pay an immigration loan (transportation, assistance or right of PR) or a performance bond (guarantee to pay an immigration obligation)
h. convicted of an offence of a sexual nature or a violent criminal offence
i. citizenship is in the process of being revoked or failure to respect your residency conditions
j. under an immigration removal order
k. are in apenitentiary, jail, reformatory or prison
5. INCOME: must meet the Low Income Cut-Off (LICO) levels (refer to LICO Chart further below), to support all of sponsor’s own family and all sponsored person's family, including non-accompanying family members. Exception to LICO - if the sponsor is sponsoring a spouse or partner or a dependent child where the child has no dependent children of their own. This exception also applies to persons under the age of 18 whom the sponsor intends to adopt in Canada.
QUALIFICATIONS OF A FAMILY CLASS MEMBER
A. SPOUSE, COMMON-LAW PARTNER OR CONJUGAL PARTNER
1. AGE: at least 18 years old, regardless of gender
2. RELATIONSHIP: must be genuine (real) and wasn’t entered into just to get permanent resident status in Canada. If applying in the inside Canada Class, the applicant must co-habit with the Sponsor in Canada. See further below for outside or inland spousal or partner sponsorship.
Spouse - your civil marriage is a legally valid under both the law of the place where the marriage occurred and under Canadian law.
Common-law Partner - you are cohabiting in a conjugal relationship with significant degree of commitment, for at least 1 year. This can be shown with evidence that the couple share the same home, that they support each other financially and emotionally, that they have children together, or that they present themselves in public as a couple.
Conjugal Partner - the person outside Canada with a significant degree of attachment, implying not just a physical relationship but a mutually interdependent relationship, and you have been in a genuine relationship for at least 1 year where marriage or cohabitation has not been possible due to barriers such as sexual orientation, immigration barrier, religious reasons, etc.
B. DEPENDENT CHILDREN - refer to the biological or adopted children of the sponsor or/and those of the spouse or common-law partner.
1. AGE: under the age of 19 and not have a spouse or common-law or conjugal partner (when the visa is issued and when they enter Canada),
or 9 years old and over and has depended substantially on the parent’s financial support since before the age of 19 because of a physical or mental condition. Children in the custody of a previous spouse or partner are considered dependent children. Even if the sponsored person does not have custody or responsibility, the child must be listed on the application and must be examined (as custody arrangement may change in the future)
Non-accompanying dependants: Children who meet the definition of a dependent child but who are not immigrating to Canada along with the principal applicant. They must be listed on the principal applicant’s application for permanent residence and must be examined in order to process the principal applicant and remain eligible for sponsorship at a later date.
Dependants of dependent children (Grandchildren) - if included in the application, the sponsor has to meet LICO for the whole family.
C. ELIGIBLE RELATIVES - could be sponsored but the Sponsor and co-sponsor (spouse only) require to meet LICO for the whole family. To sponsor any other eligible relatives below, the Sponsor must be living in Canada.
OTHER MAIN REQUIREMENTS:
(Figures are subject to change...)
For free and non-binding Preliminary Assessment, go to CONTACT US
LOW INCOME CUT-OFF (LICO) FOR 2017 (Not required if sponsoring a spouse, common-law or conjugal partner, or a dependent child where the child has no dependent children of their own, or an adopted person under 18 years old)
Size of Family Unit Necessary Minimum Income Required
1 (Sponsor only) $24,600
2 (Sponsor & Applicant) $30,625
More than 7 persons, add $6,628 per person
OUTSIDE VERSUS INLAND CANADA SPOUSAL OR PARTNER SPONSORSHIP
The applicant spouse or partner lives in different country. This is sometimes the faster way to an approved application. Usually, the sponsored person comes to Canada after a Permanent Resident Visa has been issued. The applicant has the right to appeal in case of a negative decision by immigration. Even when the applicant lives in Canada, they still have the right to use an overseas visa office for processing of the application.
The applicant spouse or partner lives in Canada before and during the application. In order to qualify, the sponsored person must have legal status in Canada with visa or permit, or be without status e.g. expired tourist visa, as long as there is no removal order. The sponsored person is also eligible to apply for open work permit during the application process. If the spouse or partner travels out of Canada during the application and is refused re-entry, the application could be void.