Dealing with Rejections:

Common reasons include relationship doubts, financial proof, and medical inadmissibility.Options include appeals or addressing identified issues and reapplying.Family sponsorship in Canada unites families, demanding a deep understanding of processes, responsibilities, and criteria.

Common Questions about family sponsorships

Sponsor Partner to Canada

Canadian laws offer unique provisions for common-law partnerships, distinct from international standards. These regulations impact citizenship and permanent residency. Canadian citizens or permanent residents can sponsor their common-law partner for permanent residence. This process mirrors spousal sponsorship, but requires detailed proof of a common-law relationship, making it more intricate than proving a marriage.

Common Law Sponsorship Canada

Under the Immigration and Refugee Protection Regulations, section 1(1), a common-law partner is someone who has lived with another person in a conjugal relationship for at least one year. To qualify, partners should cohabit continuously for this period. The term "conjugal relationship" isn't explicitly defined in the Regulations, but it's akin to a marriage, signifying an intimate, exclusive bond with significant personal and financial interdependence.

The Supreme Court acknowledges that defining elements of a conjugal relationship is not a precise science, and not all factors need to be present to classify it as such [M v. H, para 59]. A common-law relationship mirrors a marital bond but without legal marriage. This is distinct from a casual or non-committal romantic relationship.

In the case M. v H., [1999] 2 S.C.R. 3, the Supreme Court of Canada highlighted seven criteria to identify a conjugal relationship:

Cohabitation
Intimate and personal interactions
Mutual aid and assistance
Shared social engagements
Financial interdependence
Parenting responsibilities
Public perception of the partnership.

Evidence of a Common-Law Relationship for Immigration

To validate a common-law relationship for immigration purposes, it's imperative to demonstrate a minimum of one year of cohabitation. Mere declarations won't suffice; substantial proof is necessary. Commonly accepted evidence includes

Joint lease or rental agreements showing shared residency for at least a year.
Utility bills in both names are addressed to the same location.
Joint bank accounts listing both partners and their shared address.Tax returns indicating a spouse or partner status.
Other documentation might be relevant, depending on each unique case.

Proving the Authenticity of Your Relationship

‍Applicants must not only demonstrate the length and type of their cohabitation but also confirm the genuine nature of their relationship, ensuring it's not solely for immigration benefits. Supporting evidence should detail the relationship's history, endorsements from family and community, and other pertinent markers of its legitimacy.

‍Obligations of a Sponsor:
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‍When you become a sponsor, you sign an undertaking — a binding agreement to provide financial support for your sponsored spouse, partner, and their dependent children's basic needs. This commitment remains intact even if your circumstances change — whether you gain Canadian citizenship, face financial issues, or your relationship ends.

Basic needs encompass:
Daily living essentials: food, clothing, and shelter.
Health necessities not covered publicly, like dental and eye care.
If your sponsored individual accesses social assistance while you're responsible for them, you'll need to repay that amount. This repayment will be required before you can sponsor anyone else in the future.

‍Reconsidering Your Undertaking?

‍Should you rethink your sponsorship decision before its conclusion, communicate your withdrawal request to the IRCC via an online web form. This commitment can only end upon approval by immigration authorities.

‍Undertaking Duration:
Once the sponsored person attains permanent residency, your obligations last for 3 years.

‍Potential Processing Halts:
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‍Your application can be suspended under circumstances like Citizenship revocation procedures. Unfulfilled residency requirements. Declarations of inadmissibility on serious grounds. Pending serious legal charges.

‍Unmet Sponsorship Criteria:

‍If you opt to cancel your application, you'll be refunded specific fees, and the sponsored person's application will also cease, with no right to appeal. If you choose to proceed despite unmet criteria, a likely refusal awaits, but with an appeal option. If you correct the ineligibility issue, you can reapply later.

‍Common-Law Partner Sponsorship: How It Works

‍The common-law sponsorship procedure comprises two stages: firstly, the Canadian sponsor files their sponsorship intent, followed by the foreign partner's application for permanent residence. These steps are evaluated sequentially by the immigration authorities.

Applicants can choose between two methods:
An outside-Canada application, with the foreign partner staying abroad during its processing.
An in-Canada application, where both partners reside in Canada.

In this scenario, the foreign partner is eligible to apply for a work permit while awaiting the sponsorship result.

Sponsor Children to Canada

Canadian citizens and permanent residents can sponsor their overseas dependent child for Canadian immigration. A dependent child is under 22, unmarried, and not in a common-law relationship, whether biological or adopted.

Sponsorship Requirements
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‍To be eligible to sponsor your child to Canada, you must meet the following requirements:
Be at least 18 years of age.
Reside in Canada.
Be willing to sign a 10-year undertaking to be financially responsible for the child once he or she arrives in Canada.

‍Residency of Sponsor

‍Permanent residents must reside in Canada while their sponsorship application is processed.
Citizens are exempt from this requirement and may live abroad while their application is processed. However, citizens living abroad will need to provide proof that they intend to return to Canada once the sponsored child or children have been granted permanent residency.

‍Income Requirement

‍While there's no income minimum to sponsor a child, sponsors must show enough income or assets to support the arriving child(ren) in Canada. If deemed financially inadequate, the application may be denied. Sponsors are financially accountable for the child(ren) for 10 years or until age 25, whichever is sooner.

‍Who Qualifies as a Dependent Child?

‍The child must be under 22, unmarried, not in a common-law relationship, but can have their own dependents.
If over 22, they should be financially dependent due to a physical or mental condition since before age 22.
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Only biological children can be sponsored; adoption involves a different process. Sponsored individuals mustn't be inadmissible to Canada due to reasons like past crimes or health risks. If denied due to inadmissibility, consult an immigration lawyer. If a child has a medical condition that requires costly treatment, they may not be denied immigration to Canada based on that condition.

Sponsor Parents to Canada

Reunite with Your Parents in Canada

‍Canadian citizens and permanent residents can sponsor their parents or grandparents to gain permanent residency in Canada. This status provides lifelong residence, options for work or study, and access to essential social services, including healthcare.

The parental sponsorship process comprises two steps: the Canadian sponsor's application for sponsorship approval, followed by the foreign parents or grandparents' application for permanent residency on this basis.

‍Essential Criteria for Sponsoring Parents and Grandparents to Canada:

‍Financial Requirement: Canadian sponsors must demonstrate income exceeding 30% above the Low-Income Cut-Off (LICO) level. The specific income amount varies based on family size, including the sponsor, dependents, and the sponsored family members.

Three-Year Income History: Sponsors must prove they've met the income requirement for the past three years.

Income Documentation: Only income tax returns are accepted as evidence; other income proofs are not considered.

20-Year Responsibility: Sponsors commit to financially supporting parents or grandparents for 20 years.

Annual Application Cap: A yearly limit of 10,000 applications is imposed, with the cap renewing each January. Once reached, the category closes until the following year.If approved, parental sponsorship applications are processed at Canadian immigration or visa offices, typically taking around one year. Upon approval, foreign parents receive permanent resident visas for entry into Canada, making them permanent residents.

‍Super Visas for Parents and Grandparents: A Special Option

‍Typically, Canadian immigration authorities don't grant visitor visas to family members being sponsored. However, there's an exception known as the Super Visa, designed for Canadian citizens' or permanent residents' parents and grandparents.

The Super Visa is a type of visitor visa, permitting parents or grandparents to stay in Canada for up to two years per visit, usually as a 10-year multi-entry visa. To qualify, the Canadian child or grandchild must demonstrate financial capability to support the visit, and the visiting parents or grandparents must secure private medical insurance.

‍Additional Restrictions and Appeals in Family Sponsorship:

‍Eligibility Checks: Sponsored immigrants undergo criminal record, security, and medical checks to ensure admissibility. Canadian sponsors must meet various criteria, including income sufficiency, bankruptcy, and criminal convictions.

Appeals Process: If a family sponsorship application is denied, appeals are typically submitted to the Immigration Appeal Division (IAD) within 30 days. The IAD has the discretion to consider humanitarian and compassionate grounds. Some refusals, such as those involving previously undeclared relatives, may be appealed to the Federal Court due to legal jurisdiction limitations.

Undeclared Family Sponsorship

Canada's Initiative for Undeclared Family Members:

‍Applicants for permanent residence must declare all family members to avoid future sponsorship restrictions. Canada has relaunched a pilot program enabling select applicants to sponsor family members they hadn't initially declared.

Identifying Undeclared Family Members:

‍Undeclared family members encompass your spouse, common-law partner, dependent children, and your dependent children's children (grandchildren). Failure to disclose them in your application categorizes them as 'undeclared'.

‍Importance of Declaring All Family Members:

‍Declaring every family member is vital because if one is deemed inadmissible, the entire family may be affected. Immigration authorities screen all family members, whether they plan to come to Canada or not, due to this interconnectedness (s.42 IRPA).

‍Consequences of Not Declaring a Family Member:

‍Neglecting to have a family member assessed by Canadian authorities leads to a permanent ban on sponsoring them (r. 117(9)(d) and 125(1)(d) IRPR). Additionally, it may result in denied entry to Canada or even charges of misrepresentation.

‍Reasons for Not Declaring a Family Member:

‍The cause for non-disclosure doesn't impact the consequence. If failure to declare prevents authorities from assessing the family member, a permanent sponsorship ban applies, regardless of intent or benefit gained.

How to sponsor under the new program

To qualify, you must have become a permanent resident through spousal, common-law, or dependent child sponsorship, or as a refugee or dependent family member of a refugee. You must meet standard eligibility criteria, be at least 18 years old, a permanent resident or citizen residing in Canada. The family member you're sponsoring must not have made you ineligible to immigrate to Canada and should be an undeclared spouse, common-law partner, or dependent child eligible for sponsorship.

Applying under the pilot project involves the regular sponsorship process; no special steps are required.

‍Who Cannot Apply:
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‍You are ineligible if you came to Canada through economic categories, were initially sponsored as a family member other than a spouse, common-law partner, or dependent child, are a permanent resident under the permit holder class, or if the undeclared family member would have made you inadmissible to Canada initially.

‍No Eligibility in the Pilot Program:
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‍If you don't qualify for the pilot program, your only recourse to sponsor undeclared family members is to apply for permanent residence based on humanitarian and compassionate grounds (s. 25(1) IRPA). These applications consider compelling humanitarian reasons to grant legal status in Canada when standard sponsorship isn't an option.

What if my Sponsorship Application is Refused?

If your sponsorship application for a previously undeclared family member is rejected, you can pursue a two-step appeal process through the Federal Court. First, you must seek permission (leave) from a Federal Court judge, usually within 15 days of receiving the decision. If granted leave, your case proceeds to a hearing. If leave is denied, your case concludes. Unlike regular family sponsorship appeals to the Immigration Appeals Division (IAD), these appeals for undeclared relatives do not fall under the IAD's jurisdiction. Appeals must be directed to the Federal Court.

‍If your sponsorship application for a previously undeclared family member is rejected, you can pursue a two-step appeal process through the Federal Court. First, you must seek permission (leave) from a Federal Court judge, usually within 15 days of receiving the decision. If granted leave, your case proceeds to a hearing. If leave is denied, your case concludes. Unlike regular family sponsorship appeals to the Immigration Appeals Division (IAD), these appeals for undeclared relatives do not fall under the IAD's jurisdiction. Appeals must be directed to the Federal Court.

What Are the Risks of Sponsoring an Undeclared Family Member?
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‍Sponsoring previously undeclared family members within the pilot program carries some potential risks, as it doesn't exempt individuals from other admissibility requirements. Immigration authorities can still scrutinize applicants for misrepresentation, especially if there are suspicions of providing false information, false documents, or intentional deception.
Misrepresentation constitutes a criminal offence in Canada and can lead to severe consequences, including application rejection, a five-year re-application ban, and a five-year entry ban to Canada. In serious cases, it may even result in the revocation of permanent residence or citizenship, leading to removal from Canada.

Here's how we can Help

At TDJ LAW, we bring extensive expertise in representing sponsorship applicants, handling initial applications, and appeals effectively. If you've unintentionally omitted a family member from your permanent residence application or encountered a refusal for a previously undeclared family member, we can provide invaluable support.

In cases of misrepresentation investigations or appeals to the Federal Court, our experienced immigration lawyers are well-equipped to navigate the complexities. These matters involve intricate legal and procedural challenges. Partnering with our skilled team significantly enhances your chances of a successful outcome.

Given the intricacies of Canada's immigration policies and the potential severe consequences, enlisting the assistance of an experienced immigration lawyer is highly advisable. We're here to guide and represent you throughout the entire process, whether you're applying through the pilot program, on humanitarian and compassionate grounds, or pursuing an appeal.