Permanent Residence for Family Members

Permanent Residence for Family Members

The Government of Canada allows a Canadian citizen or Canadian Permanent Resident to sponsor family members who may be eligible to immigrate to Canada as sponsored family members and become Permanent Residents of Canada.

Family Sponsorship

The sponsorship application process consists of two main steps:

  • Sponsor must be be eligible to sponsor a foreign family member
  • Foreign family member should be eligible to immigrate to Canada as a member of family

Eligibility:

If the requirements of the sponsorship process are fulfilled, a Canadian citizen or Canadian Permanent Resident may sponsor the following categories of family members:

  • Spouse of opposite sex or same sex (and dependent children of the spouse)
  • Common-law partner of opposite sex or same sex (and dependent children of the common-law partner)
  • Conjugal partner of opposite sex or same sex (and dependent children of the conjugal partner)
  • Dependent Children
  • Adopted Children
  • Parents (and their dependent children)
  • Grandparents
  • Orphaned relatives must be under 18 years of age and must not be married or in a common-law relationship (i.e brothers or sisters, nephews or nieces, granddaughters or grandsons)
  • Another relative, if a Canadian citizen or Canadian Permanent Resident has no living spouse or common-law partner, conjugal partner, a son or daughter, parent, grandparent, sibling, uncle, aunt, nephew or niece who could be sponsored as a member of the family class, and has no relative who is a Canadian citizen or a permanent resident or registered as an Indian under the Indian Act

Spouse and Common-law Partner Sponsorship

Eligibility:

If the requirements of the spouse and common-law partner sponsorship process are fulfilled, a Canadian citizen or Canadian Permanent Resident may sponsor the following categories:

  • Spouse of opposite sex or same sex (and dependent children of the spouse)
  • Common-law partner of opposite sex or same sex (and dependent children of the common-law partner)
  • Conjugal partner of opposite sex or same sex (and dependent children of the conjugal partner)

N.B.: Sponsored spouses, common-law partners who obtained conditional permanent resident status in Canada on or after 25 October 2012, must remain in a genuine spousal or partner relationship with the sponsor spouses or partners for at least two years from the date on which sponsored spouses or partners obtained Permanent Resident status in Canada.

This condition does not apply if, prior to obtaining a Permanent Resident status in Canada, the foreign spouse or Common-law partner:

  • Had been married to his/her sponsor for more than two years, or
  • Had been in a conjugal relationship with his/her sponsor for more than two years, or
  • Had lived together in a common-law relationship with his sponsor for more than two years, or
  • Had children in common with his/her sponsor

Spouse Sponsorship

To sponsor a foreign spouse, the marriage must be legally valid. Opposite sex marriage or same sex marriage that took place outside Canada must be valid both under the laws of the country where marriage took place and under the laws of Canada.

Common-law Partner Sponsorship

A Foreign common-law partner (of opposite sex or same sex) must have been living together in a conjugal relationship with his/her sponsor for at least one year prior to submitting sponsorship application for foreign common-law partner to immigrate to Canada.

Conjugal Partner Sponsorship

If opposite sex or same sex partners cannot get married or live together as common-law partners due to circumstances that are beyond their control, they may be recognized as conjugal partners for immigration purposes, provided that their relationship fulfills certain requirements.

Prior to submitting a sponsorship application for a foreign conjugal partner to immigrate to Canada, the conjugal partners should:

  • Have been in a genuine conjugal relationship for at least 12 months
  • Have had a mutually interdependent relationship, with a significant degree of attachment between them

We can assist you to apply for a Family Visas or to sponsor your spouse or family.

Contact our Toronto Immigration Lawyer >