Family Class Immigration Applications in Canada
Family reunification is one of the greatest priorities of Citizenship and Immigration Canada. This category is for applicants that have a close relative who’s a Canadian Citizen or Permanent Resident of Canada. Applicants under this particular category do not need to meet the discretionary or points-system selection criteria utilized in other application types. Instead, a relative that will provide help to the applicant to establish himself/herself sponsors them.
Simply, the following members of the family class may be sponsored:
- Partners, common-law or conjugal partners – 16 years of age or older;
- Parents and grandparents;
- Dependent children
- Kids under guardianship
- Brothers, sisters, nephews, nieces or grandchildren, who are orphans; under the age of 18 and not married or in a common-law relationship
- Sponsors and Cosponsors
Patrons accept a legal obligation to help the Foreign National being sponsored and, consequently, may need to fulfill specific income requirements.
The Sponsor and any Co-sponsor are in charge of supplying the essential needs of the person and their dependents after their arrival in Canada for a period of three to ten years. Should the Canadian Patron neglect to support the Foreign National, and social assistance is received by the Foreign National, the Authorities may take legal recourse.
Co-sponsors become mandatory when one individual cannot meet the minimal financial conditions. Married and common-law partners, who are Canadian Permanent Residents or Canadian citizens, maybe Co-sponsors. Co-sponsors assume responsibilities and the same obligations as the sponsor, and must also sign the application forms for sponsorship.
Sponsors and Co-sponsors must be Canadian Permanent Residents or Canadian Citizens over the age of 19. Co-sponsors and patrons must be residing in Canada, or, if Canadian, demonstrate that they plan on returning, with the relative that is sponsored, to Canada. Sponsors and Cosponsors cannot be financially defunct, in default of an earlier undertaking to sponsor, under a removal order, in a penitentiary or charged with a serious criminal violation.
Adopting a Child From Another State
To adopt a child from another state you must go through the proper government agency authorized to assist in adoption. Once approval has been given, you can start the immigration and sponsorship process. For more information regarding international adoptions, please contact our office.
The applicant and each of his or her dependents (whether or not accompanying the applicant) must undergo a medical examination. The medical examination must be performed by a physician approved by Citizenship and Immigration Canada to perform these important examinations.
Legitimate Certificates/ Documents
The applicant might have to consult various Consulates, Embassies and High Commissions for countries where problems arise in getting the required clearances.
A Permanent Resident is free to travel in and out of Canada. Nevertheless, in order to comply with the residency duties, he or she must gather two years of physical presence in Canada after they have become a landed Permanent Resident (arrived in Canada). An exception to this rule would only apply to any one of the following:
- The Permanent Resident is a child, accompanying a Canadian-citizen parent;
- The Permanent Resident is employed on a full-time basis by the public service of a Canadian province, the Public Service of Canada or a Canadian company; or
- A Permanent Resident may lose his or her status if she/he fails to comply with the residency obligations. When a Permanent Resident does not fulfill their residency duties, a departure order may be issued. This order requires the concerned individual to leave Canada. The decision may be appealed within 30 days of receiving the order.
Should an immigration officer refuse an application for Sponsorship, the Patron and the Applicant will be informed, in writing, the reasons for the refusal. For further information regarding the process of applying for Canadian Permanent Residence under Family Class, please contact our office.
Contact Immigration Lawyer Ronen Kurzfeld for more information.