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Frequently Asked Questions: Family Class
Applications
10.1 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;
fiance(e); 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; or, if the sponsor has no relative as listed above
and no relatives who are Canadian citizens or Canadian permanent
residents, one other relative.
10.2
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.
10.3
Who qualifies as a "Dependent Child"?
For Canadian Immigration purposes, a "dependent child" means a
child who is:
Under 19 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 19 (or
since the date of marriage, if married before 19); or unable to
support him or herself due to a physical or mental disability.
Students who interrupt their full-time studies for less than one
year in total and remain financially dependent upon their parents
during that time will still be considered "dependent children".
10.4
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.
10.5
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 and/or one or more dependent
children.
10.6
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.
10.7
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.
10.8
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.
10.9
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 agreement form is provided by Bridge2Canada.
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.
10.10 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.
10.11
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.
10.12
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).
10.13
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.
Documents evidencing the
Canadian status of the Sponsor (such as Record of Landing or
Canadian Birth Certificate or Citizenship Card
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.
10.14
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.).
10.15
Where is the Application to Sponsor
submitted?
The Canadian sponsor submits the application to
Immigration Canada's Case Processing Center located in Mississauga,
Ontario.
10.16
Where is the Family Class Immigrant's
application submitted?
The Family Class Immigrant's application is an Application For
Canadian Permanent Residence In Canada and as a general rule it is
submitted to a Canadian Visa Office located outside of Canada
10.17
Are there circumstances that may allow
a Family Class Immigrant to apply from within Canada?
For humanitarian and compassionate reasons, certain Family Class
Immigrants 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.
10.18
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.
10.19
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.
10.20
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. |