Tag: sponsorship

A Guide to Sponsorship in Canada: Who, how and when to sponsor?

Hasa Attorneys, a distinguished law firm with profound expertise in Canadian immigration law, specializes in facilitating the complex process of family sponsorship. Our commitment is to provide clients with personalized and thorough legal guidance, ensuring a seamless journey towards family reunification in Canada.

Understanding Family Sponsorship

Family sponsorship is a cornerstone of Canada’s immigration policy, designed to reunite families. This program allows Canadian citizens and permanent residents to sponsor eligible family members, including spouses, common-law partners, dependent children, and parents or grandparents, to become permanent residents of Canada. The program underscores the value of family and aims to strengthen the social and cultural fabric of Canadian society.

Quebec Application Caps

The Quebec government has implemented a cap on the number of family sponsorship applications that will be accepted until June 2026. A limited number of applications will be considered, so it is crucial to submit your sponsorship application as soon as possible. The imposed caps are as follows:

  • A total of 13,000 applications will be accepted from June 26, 2024, to June 25, 2026.
  • A maximum of 2,600 applications will be accepted for parents and grandparents.
  • A maximum of 10,400 applications will be accepted for spouses, common-law partners, and dependent children.

Once the maximum number of applications is reached, no additional applications will be processed until June 2026. The period for submitting family sponsorship applications is limited, and we anticipate that capacity will soon be reached. We strongly encourage potential sponsors to complete and submit their applications immediately to ensure their application is processed before the cap is reached.

Categories of Family Sponsorship

  • Spouses, Common-law partners, and their dependent Children:
    • The sponsor must be at least 18 years old, a Canadian citizen, permanent resident, or a person registered under the Canadian Indian Act. The relationship between the sponsor and applicant must be genuine and not primarily for the purpose of immigration.
    • The relationship must be genuine and not primarily for the purpose of immigration.
    • Common-law partners must provide proof of a minimum of 12 consecutive months of cohabitation, unlike spouses.
    • Dependent Children of the spouse or common-law partner must be under the age of 22 and not have a spouse or common-law partner, or over 22 and financially dependent on their parents due to a physical or mental condition.
  • Parents and Grandparents:
    • Sponsors must meet minimum income requirements to ensure they can support their sponsored family members for a period of 20 years.
    • The sponsorship agreement includes an undertaking to provide financial support and basic requirements for the sponsored family members.
  • Dependant Children:
    • You can sponsor your dependent children, whether natural or adopted, to live with you as permanent residents in Canada. Children must be under 22 years old and unmarried or, if over 22, they must have a condition that prevents them from supporting themselves​​.
  • Dependent Children of the spouse or common-law partner:
    • Must be under the age of 22 and not have a spouse or common-law partner, or over 22 and financially dependent on their parents due to a physical or mental condition.

Sponsorship from Within Canada

Sponsoring a family member from within Canada, also known as “inland sponsorship,” allows the sponsored individual to reside in Canada while their application is being processed. This type of sponsorship offers the possibility to work or study legally in Canada during the processing of the application under certain conditions. It is particularly essential that the sponsored individual has maintained a legal status in Canada, whether as a visitor, student, or worker at the time the application is submitted.

Family members sponsored from within Canada may benefit from certain temporary resident permits, such as:

  • Open Work Permit: Sponsored spouses or common-law partners can apply for an open work permit. This allows them to work for any employer in Canada while their permanent residence application is being processed.
  • Study Permit: Sponsored dependent children can apply for a study permit to attend school in Canada. This provides them the opportunity to continue their education without interruption while awaiting the outcome of the sponsorship application.

Sponsorship from Outside Canada

Sponsorship from outside Canada applies to family members living abroad. Applications submitted through this route are generally processed by visa offices abroad. The sponsored individual will have to wait for the approval of the application before they can move to Canada as a permanent resident. This process can be longer than inland sponsorship, but it also allows the sponsored individual to stay with their loved ones in their home country during the processing of the application.

Application Process

The application process for family sponsorship involves several detailed steps, including eligibility assessment, gathering necessary documentation, and submission of the application. Hasa Attorneys will guide clients through each step:

  • Personal Assessment of Eligibility: Sponsors must first ensure they meet the eligibility criteria, including age, financial stability, and residency status.
  • Gathering Documentation: Essential documents include proof of relationship, financial records, and legal identification.
  • Submission of Application: Applications must be submitted to Immigration, Refugees, and Citizenship Canada (IRCC), along with the required fees and supporting documents.
  • Governmental Assessment: The application undergoes a thorough review process, where the eligibility of both the sponsor and the sponsored individual is verified.
  • Approval: Upon successful assessment, the sponsorship application is approved, moving the process to the next phase.

Importance of Supporting Evidence for the Application

Providing strong evidence is essential for the success of a family sponsorship application. The evidence must demonstrate:

  • Financial Capability of the Sponsor: Bank statements, proof of income, and employment letters to prove the ability to support the sponsored person.
  • Compliance with Eligibility Criteria: Identity documents, marriage certificates, proof of cohabitation, and other relevant documents.
  • Authenticity of the Relationship for Spouses and Common-law Partners: Photographs, correspondence, testimonies, and proof of cohabitation, if applicable.

Ensure that all evidence is clear, complete, and well-organized to avoid delays or refusals.

Quebec-Specific Considerations

Sponsorship within Quebec comes with specific obligations towards both the government and the sponsored individual. Sponsors enter into a contractual commitment with the Quebec government, ensuring that the sponsored family members will not become a financial burden on the society.

Once the sponsor’s eligibility is confirmed by Immigration, Refugees, and Citizenship Canada (IRCC), the process in Quebec proceeds to the following steps:

  • Guarantor’s Application: For sponsorships in Quebec, the sponsor must submit a commitment application to the Ministry of Immigration, Francisation, and Integration (MIFI). This step includes signing a commitment contract to financially support the sponsored person.
  • Quebec Selection Certificate (CSQ): To obtain a CSQ for spousal sponsorship in Quebec, you must first receive confirmation from IRCC that your federal spousal sponsorship application’s sponsor eligibility has been approved. The Ministry of Immigration, Francisation, and Integration (MIFI) evaluates the commitment application. If approved, the sponsored person receives a CSQ, which is essential for the permanent residence application.

Once the CSQ is obtained, the application will continue to be processed at the federal level for the issuance of permanent residence.

The Minimum Necessary Income for sponsors in Quebec:

In Quebec, the Minimum Necessary Income for sponsors depends on the family size, including both the sponsor’s own family and the sponsored persons. These numbers change and are routinely updated by the Quebec Government, but here are the numbers as of June 2024. The basic income required is $28,242 for a single individual. That amount increases with each additional family member being sponsored. For sponsoring persons under 18, an additional amount of $9,776 for one person and $15,493 for two is required, with an increment of $5,166 for each additional minor. For more details, you can visit the official Quebec government website.

Integration into Quebec society

For integration into Quebec society, the Government emphasises the importance of understanding French and adapting to Quebec’s social norms. It suggests prospective residents should enhance their French language skills for effective communication and integration into the local community. Additionally, adapting to Quebec involves familiarizing oneself with the province’s culture, values, and societal expectations to ensure a smooth transition into the community. For more detailed guidance on these aspects, the document recommends specific resources and programs available for newcomers in Quebec.

Fees and Estimated Time

  • Application Fees: Fees vary based on the category of sponsorship and the number of individuals being sponsored. It’s crucial to check the latest fee schedule on the official IRCC or Quebec immigration websites.
  • Processing Times: The time it takes to process a sponsorship application can vary significantly based on several factors, including the category of sponsorship, the volume of applications received, and the specific requirements of the Quebec immigration process.

Navigating the family sponsorship process, especially within Quebec, requires a thorough understanding of the legal obligations, application steps, and associated costs. Hasa Attorneys provide expert guidance throughout this journey, ensuring a smooth and informed pathway to family reunification in Canada. If you would like to discuss your sponsorship application further, please contact us to book a consultation.

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