Family Class and the Sponsorships

Family Class and the Sponsorships

Difference between member of the family class and family member:
“Member of the family class” refers to those relatives who can be sponsored as per R117.

“Family member” is a more generic term to refer to dependents of an applicant for permanent residence. For example-spouse, common law partner, dependent child of the person or their spouse, and dependent child of dependent child.

The length of sponsorship requirement ranges from 3 to 20 years depending upon the relationship of foreign national to the sponsor.

An exemption for the spouse and dependent children from medical grounds of inadmissibility (grounds related to a medical condition placing excessive demand on health and social services);

No right to appeal in cases where family member is found inadmissible for reasons of security (s34), human or international rights violation (s35), serious criminality (s36,1), or organized criminality (s37).

Who is eligible to be a sponsor?

  • Must be a Canadian citizen or permanent resident.
  • Be at least 18 years of age.
  • Reside in Canada (exception for Canadian citizens).
  • Must not have been sponsored as a spouse within the last 5 years (to sponsor a new spouse).
  • Must be self-sufficient.
  • Must not be in prison.
  • Cannot be in default of previous undertaking to sponsor or support payments.
  • Must not be under removal order.
  • Must not be convicted of a sexual offence or an indictable violent offence, or an offence causing bodily harm to a relative.
  • Not an undischarged bankrupt.
  • Must meet minimum income requirements if it applies.

Who can be sponsored:

  • Spouse, Common law partner or Conjugal partner (18 years of age or older).
  • Spouse : Legally married in Canada or any other country.
  • Common-Law Partner : Cohabitating for at least one year.
  • Conjugal Partner/Relationship : Committed relationship for at least one year and the couple is unable to reside together due to circumstances out of their control such as immigration barriers, religious reasons, sexual orientation.
  • Dependent child or adopted child.
  • Children intended for adoption.
  • Parents, grand parents, and their dependent children.
  • Brothers, sisters, nephews, nieces, and grandchildren who are orphaned, who are under 18, and who are not a spouse or common law partner.
  • Any relative if the sponsor is alone in Canada and has none of the above family members to sponsor.

An application will not be processed if your relationship falls under one of these categories:

  • The spouse or partner is under 18 years of age.
  • The sponsor or the spouse was, at the time of their marriage, married to another person.
  • The sponsor has lived apart from the individual(s) applying to live in Canada at least one year.
  • The sponsor is a partner of another person or has a conjugal relationship.
  • The foreign national has another common-law, spousal or conjugal relationship with another individual besides their sponsor.
  • The applicant was a nonfamily member of the sponsor and was not examined when the sponsor previously applied to Canada as a permanent resident.