Family Class Eligibility Requirements

Eligibility Requirements for Family Class Sponsorship

The Canadian government highly regards family reunification and thus has created the family class sponsorship to assist family members to reunite with their loved ones. There are many sponsors in Canada that have family members around the world and they would love the opportunity to bring them to Canada to live permanently. However, before doing so, the sponsor must ensure that they meet the eligibility requirements in order to sponsor them to Canada; and, vice versa for the applicant. Therefore, in this article, I will address the eligibility requirements for specific sponsorship categories in the family class immigration category.

Spouse / Common-Law / Conjugal Sponsorship

Under the spousal sponsorship category, technically, there are three different distinctions between the relationships. A sponsor can either sponsor their spouse, common-law partner or conjugal partner. Furthermore, there are eligibility requirements that are specific to each of these types of spousal sponsorships. The eligibility requirements will be listed below:

Spousal Sponsorship

In order to be eligible under the spousal sponsorship, the sponsor and the applicant must be legally married. For couples that have married legally within Canada, the marriage certificate from the appropriate province or territory where the marriage took place will adequately show if the marriage is valid. Additionally, same-sex marriages are also recognized in spousal sponsorship applications in Canada. Furthermore, for any marriages that have taken place abroad, they must be recognized in the country where they took place in addition to Canadian federal law. On the other hand, same-sex marriages that have taken place outside of Canada are not recognized. However, these couples can apply under the common-law or conjugal sponsorship so long as they can prove their relationship.

Common-Law Sponsorship

In order to be eligible under the common-law sponsorship, the sponsor and the applicant must have been cohabitating continuously for a minimum of one year. This cohabitation would exclude brief absences from each other for specific reasons, such as business or family reasons.

Conjugal Sponsorship

In order to be eligible under the conjugal sponsorship, the sponsor and the applicant must have exceptional circumstances, which are out of their control, that are preventing them from living together. Thus, they do not qualify under the spousal sponsorship or the common-law sponsorship. Additionally, these exceptional circumstances often include immigration barriers, war or persecution. This couple must have a dependent relationship to one another that is similar to a marriage-like commitment, despite the distance and separation. In order to prove this, you must show evidence of emotional and financial ties to one another.

Below I will list out the requirements for the sponsor as well as the applicant:

Requirements of the Sponsor:

• Must be at least 18 years old;
• Must be a Canadian citizen, a Permanent Resident of Canada or a Registered Indian;
• Must be living in Canada (if a Permanent Resident of Canada);
• Must not be inadmissible to Canada;
• Must have sufficient funds to provide basic necessities for applicant while in Canada.

Requirements of the Applicant:

• ­Must be at least 18 years old;
• Must not be a blood or adopted relative of the sponsor.

Parent / Grandparent Sponsorship

Requirements of the Sponsor:

• Both sponsor and applicant must sign a sponsorship agreement that entails the sponsor providing financial support to their parent / grandparent;
• Must provide financial support to their parent / grandparent for a minimum of 20 years;
• Must meet the minimum income threshold for this sponsorship program.

Requirements of the Applicant:

• Must be either the parent or grandparent of the sponsor.

Child Sponsorship

In order to qualify under the child sponsorship category, you sponsored child must be the biological child of the parent. Alternatively, the child could also be adopted by the individual.

Requirements of the Sponsor:

• Must be at least 18 years old;
• Must be a Canadian citizen, a Permanent Resident of Canada or a Registered Indian;
• Must not be inadmissible to Canada.

Requirements of the Applicant:

The sponsored child must be dependent in one of the following scenarios:

• Must be less than 22 years old and not married or in a common-law partnership;
• Must be in school attending full-time studies since before the age of 22 and is dependent on the financial support of the parent(s) since that time;
• Must be 22 years old or older and must meet the following: – Became a spouse or common-law partner prior to turning 22; – Has been a student prior to turning 22; – Has depended on the financial support of the parent(s) since they got married or in a common-law partnership.

Alternatively, the sponsored child can also be at least 22 years old and has depended on the financial support of the parent(s) since before the age of 22 and is unable to be financially self-supporting because of a physical or mental condition.

Contact Akrami & Associates

It is essential that you have met all of the aforementioned requirements before you attempt to apply under any category of the family class. This is especially the case if you have applied for a family class sponsorship in the past and it was refused. It is essential that all of the eligibility requirements are met before submitting any immigration application. Family class sponsorship applications are difficult applications to pursue on your own and it is highly recommended that you seek out professional and experienced help before attempting to submit the application. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients obtain permanent residency in Canada through the family class sponsorship. If you believe that you may be eligible to sponsor your relative or loved one, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!