Vinod Kumar Velappan, RCIC
AMOVAI Immigration
Family Sponsorship
Sponsor spouse, partner or child
Spouse
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can be either sex
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legally married to sponsor
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at least 18 years old
Common-law partner
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isn’t legally married to sponsor
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can be either sex
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is at least 18 years old
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has been living with sponsor for at least 12 consecutive months without any long periods apart
Conjugal partner
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isn’t legally married to sponsor or in a common-law relationship with sponsor
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can be either sex
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is at least 18 years old
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has been in a relationship with sponsor for at least 1 year
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lives outside Canada
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can't live with sponsor in their country of residence or marry sponsor because of significant legal and immigration reasons such as
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their marital status
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their sexual orientation
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persecution
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Dependent children
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they’re under 22 years old
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they don’t have a spouse or common law partner
Children 22 years old or older qualify as dependants if they meet both of these requirements:
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they are unable to financially support themselves because of a mental or physical condition
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they have depended on their parents for financial support since before the age of 22
Please note that a person cannot be sponsored if they are inadmissible to Canada.
Eligibility to sponsor spouse, partner or child
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At least 18 years old
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Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act. Canadian citizens living outside Canada must show that they plan to live in Canada when the persons sponsored become permanent residents.
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A permanent resident living outside Canada cannot sponsor someone
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Able to prove that not receiving social assistance for reasons other than a disability
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Can provide for the basic needs of any persons sponsored.
Financial Undertaking
Sponsor must promise to financially (undertaking) take care of the persons sponsored for a period of time.
The undertaking commits to:
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providing financial support for sponsored family members, starting when they become permanent residents
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repaying any provincial social assistance sponsored family members get during that time
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Also, sponsor and sponsored family members need to agree to certain responsibilities during the undertaking period called sponsorship agreement.
The sponsorship agreement means
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Sponsor will provide for the basic needs of sponsored family members
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Sponsored will make every effort to support themselves and their family members
Cannot sponsor spouse, partner or child if
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were sponsored by a spouse or partner and sponsor became a permanent resident less than 5 years ago
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are still financially responsible for a previous spouse or partner sponsored for the 3 year undertaking to take care of that person.
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Already applied to sponsor the spouse, parent or child currently seeking to sponsor and a decision on that application hasn’t been made
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are in jail, prison, or a penitentiary
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didn’t pay back:
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an immigration loan
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a performance bond
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court-ordered family support payments such as alimony or child support (not applicable if living in Quebec)
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didn’t give the financial support agreed to when signed a sponsorship agreement to sponsor someone else in the past (not applicable if living in Quebec)
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declared bankruptcy and are not discharged (not applicable if living in Quebec)
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receive social assistance for a reason other than a disability
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were convicted of attempting, threatening to commit or committing a violent criminal offence, any offence against a relative or any sexual offence inside or outside Canada
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received a Removal Order and can’t legally stay in Canada and must leave the country