Frequently
Asked
Questions |
|
| Who qualifies for immigration
under the Family Class? |
Applicants under the Family Class are
sponsored for a Canadian Immigrant Visa by a close relative who is
either a Canadian citizen or a Canadian permanent resident. The Canadian
relative is known as the sponsor. To qualify under the Family Class,
an applicant must be related to the Canadian sponsor in one of the
following ways:
The applicant must be the sponsor's spouse; common-law partner including
same sexpartners; parent or grandparent; orphaned brother, sister,
nephew, niece, or grandchild --under 19 and unmarried; a child under
19 who is either orphaned or placed with a child welfare authority
for adoption and who the sponsor intends to adopt; the sponsor's dependent
child under 22, unmarried, or over 22 only if prove to be a full time
student; or, if the sponsor has no relative as listed above and no
relatives who are Canadian citizens or Canadian permanent residents,
one other relative.
|
| Who can be included in a Family Class
application? |
| The spouse and dependent children of
the principal Family Class applicant can be included in the application
for Canadian permanent residence. All individuals included in the
application will be required to pass police and security clearances. |
| Who qualifies as a "Dependent Child"?
|
For Canadian Immigration purposes, a
"dependent child" means a child who is:
·
Under 22 and unmarried on the date the application for sponsorship
is submitted (and still unmarried on the date the child lands in Canada);
or
· Of any age or marital status and
financially dependent on his or her parents as a result of being either:
continuously enrolled and in attendance as a full-time student in
an educational institution since the age of 22 (or since the date
of marriage, if married before 22); or unable to support him or herself
due to a physical or mental disability.
|
| What if the dependents will not accompany
the Family Class applicant to Canada? |
| All of the principal Family Class applicant's
dependents are required to pass applicable police and security clearances,
and medical examinations, whether they are accompanying the principal
Family Class applicant or not. |
| What financial criteria must be satisfied
to qualify as a sponsor? |
The sponsor must be able to demonstrate
the financial ability to provide for the essential needs of the Family
Class applicant and dependents (sponsored family members).
The financial ability requirements may not apply where the sponsored
individual is a spouse, or a common-law spouse.
|
| What does "Essential Needs"
mean? |
The sponsor and co-signing spouse (if
applicable) have to provide the sponsored family members with food,
clothing, shelter and other basic requirements of everyday living.
This includes dental and eye care and other health needs not covered
by public health services available to Canadian citizens and permanent
residents.
The obligation to provide for the essential needs of the sponsored
relatives will only arise if the sponsored relatives are unable to
provide for these means on their own.
|
| What if the sponsor does not have the
requisite financial ability? |
The spouse of the sponsor may act as
a co-signor if the sponsor does not have the required financial ability.
In such case, the spouses' combined financial abilities will be assessed,
and the co-signing spouse will be equally liable in case of default.
The co-signing spouse may be a common-law spouse, provided that the
common-law couple has been living together for at least one year.
If the combined financial abilities of the sponsor and the co-signing
spouse still do not meet the minimum requirements, then the application
for sponsorship will be refused.
The foregoing financial requirements may not apply where the individual
being sponsored is a spouse and/or one or more dependent children.
|
| What other criteria must the sponsor
satisfy? |
| The sponsor must be a Canadian citizen
or permanent resident; at least 19 years old; physically reside in
Canada (or demonstrate an intention to reside in Canada by the time
the sponsored family member lands in Canada); not be in prison; not
be bankrupt; and not be under a removal order if a permanent resident. |
| As a sponsor, what obligations are there
toward the government? |
The sponsor and the sponsor's co-signing
spouse (if applicable) are obliged to sign an "Undertaking to
Assist a Member of the Family Class" with the Government of Canada.
The signed document is a promise to provide for the essential needs
of the sponsored family members for a period of 10 years following
landing in Canada.
The purpose of this agreement is to ensure that the sponsored family
members do not become dependent on Canadian public welfare assistance.
The form of agreement is provided by the Canadian Government. A similar
provincial form is provided for sponsors who reside in Quebec, with
the notable difference that the duration of the commitment is only
three years in the case of sponsored spouses.
|
| Can the "Undertaking to Assist
a Member of the Family Class" be revoked or modified? |
| The Undertaking to Assist a Member of
the Family Class once made cannot be canceled or modified by the sponsor
at any time after the sponsored family members have landed in Canada. |
| What if the sponsor does not fulfill
the terms of the "Undertaking to Assist a Member of the Family
Class"? |
| Failure to meet any of the commitments
provided for in the Undertaking to Assist a Member of the Family Class,
could result in legal action being taken against the sponsor and the
co-signer. |
| What other agreements must the sponsor
enter into? |
| The sponsor is obliged to enter into
a sponsorship agreement with the sponsored family member(s). By signing
this agreement, the sponsor agrees to provide for the essential needs
of the sponsored family member(s). |
| What documents must the sponsor submit? |
The sponsor and the sponsor's co-signing
spouse (if applicable) must complete and submit an "Application
to Sponsor a Member of the Family Class" form (IMM-1344A Form),
as well as a "Financial Evaluation" form (IMM-1283 Form)
where the sponsor indicates his or her financial ability to support
the Family Class Immigrant (and his or her spouse and dependents).
The following additional documents are required:
· the "Undertaking to Assist a Member
of the Family Class";
· the sponsorship agreement;
· the "Statutory Declaration of Common-Law
Union" form (only required where the sponsor's co-signer is
a common-law spouse);
· documents supporting the sponsor's "Financial
Evaluation" form (such as tax returns, Notice of Assessment
from Revenue Canada, letters from employers indicating salary and
length of time employed, pay stubs, proof of other income such as
rental and pension income, and proof of financial obligations such
as mortgages, property/school taxes, personal loans/lines of credit,
alimony payments and insurance payments.
· documents evidencing the Canadian status
of the Sponsor (such as Record of Landing or Canadian Birth Certificate
or Citizenship Card or Certificate of Registration of Birth Abroad
together with Certificate of Retention of Canadian Citizenship);
and
· documents evidencing relationship to Family
Class Immigrant (such as marriage certificates, adoption orders,
passports indicating identity of parents/children, etc.).
If the sponsor resides in the Province of Quebec, corresponding
forms provided by the Quebec Government will be required in place
of most Federal forms. |
| What documents must the Family Class
Immigrant submit? |
The Family Class Immigrant, spouse and
each dependent child aged 18 or over (whether accompanying the Family
Class Immigrant or not) will each be required to complete and submit
an "Application for Permanent Residence" form (IMM-008 Form).
Applicants destined to the Province of Quebec will be required to
complete an Application for a Quebec Certificate of Selection form.
The following additional documents are required:
· statutory documents (such as local
police good conduct certificates, birth certificates, household register
forms, valid passport and ID cards, etc.); and
·
documents proving the relationship to the sponsor (such as marriage
certificates, household register forms, valid passport and ID cards,
etc.).
|
| Where is the Application to Sponsor
submitted? |
| Since June 28, 2002, the Canadian sponsor
submits the application to Immigration Canada's Case Processing Centre
located in Mississauga, Ontario along with the Faimily Class Immigrant's
application. |
| What happens to the Family Class Immigrant's
application once is submitted to the Mississauga Case Processing Centre?
|
| If the Sponsor's Application is approved,
the Family Class Immigrant's application is submitted by the Mississauga
Processing Centre to a Canadian Visa Office located outside of Canada.
|
| Are there circumstances that may allow
a Family Class Immigrant to apply from within Canada? |
For humanitarian and compassionate reasons,
certain Family Class Immigrants, like spousal petitions, are allowed
to submit their applications for permanent residence from within Canada.
To qualify, an immigration official will have to be convinced that
the Family Class Immigrant would suffer excessive hardship in applying
for permanent residence from outside of Canada.
Family Class Immigrants applying from within Canada are required to
submit additional government forms in support of their applications
for permanent residence. They must also ensure that their Canadian
visitor status remains intact while they wait for their Immigrant
Visas to be issued.
|
| Can a Family Class Immigrant work or
study in Canada while the application is being processed? |
| While waiting for their Immigrant Visas,
Family Class Immigrants are allowed to work or study in Canada only
if they have been granted an Employment Authorization or Student Authorization.
Family Class Immigrants entitled to apply for permanent residence
from within Canada can apply for an open Employment Authorization
after their applications have been approved in principle by immigration
officials. |
| Must Family Class Immigrants and Sponsors
attend interviews with immigration officials? |
| In certain cases, immigration officials
will convene Family Class Immigrants and their dependents for a selection
interview. The main purpose of the interview is to satisfy the immigration
official as to the family relationship to the Canadian sponsor. In
other cases, the Canadian sponsor may be interviewed in Canada to
verify financial ability and to confirm family relationship. In some
cases, however, no interviews take place. |
| How long will the entire sponsorship
process take? |
| The length of the sponsorship process
varies depending on the Visa Office to which the Family Class Immigrant's
application is submitted. Sponsorship cases are a priority at all
Visa Offices and such applications are processed ahead of skilled
worker applications and applications under the Business Immigration
Program. |
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