Family Class

Sponsoring a family member is an important right of Canadian citizens and lawful permanent residents. However, only certain relationships serve as a basis for sponsorship. These include a spouse (or common-law partner) and his or her dependent children, a parent and, in exceptional and very rare cases, a family relative.

Common-law couples, in particular, need to be extra cautious as Citizenship Immigration Canada (CIC) has implemented rigorous standards for non-married couples.

A common issue with newlyweds occurs when a spousal application is sent following a marriage license. Issues of bona fide or good faith marriage may come into play in these instances in the form of a mandatory and meticulous interview with CIC.

For citizens outside Canada, the onus is on the couple to convince CIC that upon visa approval, the couple will return to Canada.

It is also worth noting that a criminal record, even if only a misdemeanor charge, may disqualify an applicant from the sponsorship process. A Canadian wife, for example, who wants to sponsor a husband with a DUI conviction may require some form of pardon or rehabilitation certificate.

Last but not least, the majority of family sponsorships have a revenue stress test. While spousal and common-law sponsors (including their dependent children) are exempt from an objective financial criterion, there are still financial obligations to successfully obtain permanent residency.

For all these issues, it is imperative that you hire a qualified family immigration practitioner who can address the above in a professional manner with Citizenship Immigration Canada.

If you are thinking about sponsoring a foreign person, schedule a consultation to review the sponsorship process. We’ll discuss the various forms, process, time-frame, a filing strategy and the probability of a successful outcome based on your particular circumstances. For an appointment, contact 888-827-6605.

Firm Deliverables for Spousal/Common-Law and Family Sponsorships:

• Prepare all government forms and assemble relevant supporting documentation
• Filing to Citizenship Immigration Canada (CIC) on the client’s behalf
• Cover letter to address any possible bona fide concerns (“marriage of convenience”)
• Settlement strategy in Canada (for Canadian sponsors who live outside Canada)
• Dealing with medical or criminal issues and remedies to override inadmissibility
• Interview preparation before a CIC officer
• Coordination of entries in Canada while an application is pending including point-of-entry documentation at the border