According to Canadian laws any resident of Canada, a citizen or a person, who has the status of a permanent resident and who has reached the age of 18 has the right to sponsor his or her kin for permanent residency in Canada. Sponsors must support the relative or family member and their accompanying family members for a period from 3 to 10 years, depending on the degree of kinship and their age, to help them settle down and organize their life in Canada.
Mandatory requirements for sponsoring a spouse to Canada
Mandatory requirement - the sponsor must reside on the territory of Canada. As an exception, a Canadian citizen (a citizen, not a permanent resident) residing outside of Canada may provide sponsorship for spouse or dependent child, in case he/she is going to return to Canada for permanent residence after his or her relatives obtain an immigrant visa.
Who can immigrate under the family class immigration category?
Conventionally, there are several categories of people who can immigrate on the basis of family sponsorship. The first category includes - close relatives. Close relatives who can be sponsored to Canada are:
- husband / wife, and officially unregistered marriage partner (common-law partner or conjugal partner) that has reached 16 years;
- native or adopted dependent children of the sponsor under the age of 22 years;
- parents, grandparents of the sponsor;
- children under the age of 18 years (not married), (sponsor's brother / sister, nephew / niece, grandchildren), whose parents have died.
You can also sponsor a relative in case you do not have uncles, aunts or other family member that are listed above, which you can sponsor or if they are already a Canadian citizens, indigenous or permanent residents of Canada.
A spouse or common-law partner, already living in Canada
According to the new law it is now possible to sponsor a spouse or common-law partner, if they have already moved to Canada and live together with the sponsor. Sponsorship of a spouse or common-law partner includes the support of their dependent children, regardless of whether they live in Canada or not. This category does not apply to all the relatives, but only to the sponsorship of spouse / marriage partners and children.
Leigh Webb in cooperation with MT-law.com legal experts, providing tips on sponsoring a spouse to Canada for Sponsorspouse.ca company.
Get more information on family sponsorship in our new section.