How To
Immigrate To Canada
Family Class (Overseas) Sponsorship
Apply for Family Class Sponsorship
Canadian citizens and permanent residents are both able to sponsor family members living abroad for PR in Canada.
There are two processes that can be used to sponsor a family member: inland (In-Canada Class) Sponsorship and overseas (Family Class) Sponsorship.
The inland process is to apply for permanent residence for family members who are already physically present in Canada, such as a visitor or someone on a work permit. The inland process can also be used to sponsor someone who is in Canada without status (illegally).
The overseas process is used to obtain permanent residence for family members who are not physically present in Canada.
Eligibility to Sponsor
There are several major requirements that a Canadian citizen or permanent resident needs to meet in order to sponsor a family member. Prospective sponsors have to be able to show that they can provide financially for the person being sponsored using income, savings, or other assets.
Some circumstances can also prevent someone from being a sponsor, including certain criminal convictions, and financial limitations such as bankruptcy. However, being in receipt of disability payments does not prevent someone from becoming a sponsor.
Who Can Be Sponsored
Under most circumstances, only the following relations are considered members of the family class, and are able to be sponsored:
- Spouse, Common-Law, or Conjugal Partner
- Dependant Child
- Dependant Child of a Dependant Child (grandchild)
- Parent
- Grandparent
Other types of relations such as siblings, cousins, aunts, and uncles cannot be sponsored under the normal sponsorship process. However, they may be able to obtain permanent residence in Canada under Humanitarian and Compassionate Grounds (H&C), or as a last living relative.
What Is the Difference Between Spousal Sponsorship, Common-Law Sponsorship, and Conjugal Sponsorship?
All three types of romantic partners may be sponsored for permanent residence in Canada. However, there is a difference between them:
- Partners who are legally married would file a Spousal Sponsorship Application
- Partners who are not legally married, but have lived together for a period of at least 1 year would file a Common-Law Sponsorship Application
- Partners who are not able to legally marry, and who are also not able to live together due to circumstances beyond their control would file a Conjugal Sponsorship
All three types of applications also apply to same-sex couples.
Permanent Residence in Canada Under the Family Class
As soon as they become permanent residents, new immigrants are allowed to obtain a Social Insurance Number and begin working or going to school right away. Permanent residents are also able to get provincial health care coverage and can live anywhere in Canada. The only limitations on the rights of permanent residents are voting in Canadian elections, holding political office, and carrying a Canadian passport.
After a minimum of 3 years (without any prior time spent in Canada), a permanent resident is able to apply for Canadian citizenship.
Contact us to find out if you meet the requirements to sponsor your spouse or common-law partner for PR in Canada.
