CanadianImmigration:FamilySponsorshipPresented by:

Rathika Vasavithasan & Swathi SekharParkdale Community Legal Services1266 Queen Street West416-531-2411, ext. 260/258

Overview of Presentation1. Who can sponsor?2. Who can be sponsored? 3. How to prove a relationship4. Inadmissibility: medical, security, criminal5. Financial Issues: undertaking and fees6. Processing times7. What if my application is refused?8. Where can I get more help and information?

Who Can Sponsor? Canadian citizen or permanent resident Must live in or intend to reside in Canada 18 years or older Financially eligible

Minimum necessary income Cannot be in receipt of social assistance for a

reason other than disability

Financial Eligibility: Low Income Cut-offs (LICO)

SIZE OF THE FAMILY UNIT

MINIMUM NECESSARY INCOME

1 PERSON (THE SPONSOR) $ 22, 171

2 PERSONS $27, 601

3 PERSONS $33,933

4 PERSONS $41, 198

5 PERSONS $46,7272

6 PERSONS $52,699

7 PERSONS $58,673

More than 7 PERSONS, for each additional person add:

$5,974

Financial Eligibility: Exceptions You do not have to meet the minimum

income requirements if you are sponsoring: A spouse, common-law partner or conjugal partner who

has no dependent children A spouse, common-law partner or conjugal partner who

has a dependent child who has no dependent children A dependent child who has no dependent children A person under 18 who you intend to adopt in Canada

BUT you still cannot be receiving social assistance (unless it is ODSP)

Other Eligibility Requirements Cannot be in detention or subject to a removal

order Cannot have been convicted of a sexual

offence or a Criminal Code offence against any of your relatives or family members

Cannot be in default of any previous undertaking (more later)

Cannot be an un-discharged bankrupt

Who Can be Sponsored? Partner: spouse,

common-law or conjugal

Dependant child Parents and

grandparents Family member of a

sponsored person, such as dependant child of spouse or parent

Who Can be Sponsored? (2) But sometimes also:

Orphaned brothers, sisters, nieces, nephews, and grandchildren who are unmarried and under 18

Children under 18 that you plan to adopt If no close family in Canada, and you don’t have

any relatives abroad whom you can sponsor as members of the family class, then you can sponsor one relative regardless of age (e.g. siblings, etc.)

Sponsoring Your Partner: Spouse Spouse = married according to the law in the

country where the marriage took place. Must also be valid under Canadian law

E.g. same-sex partners can be sponsored as spouses if their marriage was legally recognized in the country where it took place

Sponsoring your Partner: Common-Law Common-law = lived together for an

continuous 12 month period in a relationship that is like a marriage (depend on each other, permanent, exclusive)

Short absences are okay (e.g. business trips) Need evidence that you have combined your

households

Sponsoring your Partner: Conjugal

Conjugal = marriage-like relationship for at least one year but you have been unable to live together due to exceptional circumstances

In most cases not able to marry partner

Sponsoring Your Dependent Child Biological or legally adopted child Under 22 and without a spouse or common-

law partner If your child is over 22 they must:

Be attending post-secondary school full-time since before the age of 22 and dependent financially on a parent

Be unable to provide for themselves due to a physical or mental disability

Genuine Relationship If sponsoring a spouse, a common-law or

conjugal partner, or an adopted child, you must show: (a) that the relationship is genuine; and (b) that you did not enter into it ONLY for

immigration purposes

How to Prove a Marriage is Genuine A marriage certificate Other documents include:

pictures, letters of support, proof of communication (copies of letters, emails, telephone records, etc.)

A marriage interview CIC may interview both of you separately to test

whether your relationship is genuine

How to Prove a Relationship: Child Birth certificates Other documents include:

Official documents (baptismal records, school records, hospital registries, old passports)

Photographs and sworn statements from non-family members

DNA testing- conclusive, but a last resort If you receive a request for DNA testing, seek

legal advice CIC may also interview you and your child

Medical Inadmissibility All relatives who you sponsor have to take

medical examinations They may be medically inadmissible if they

have a condition that: (a) is likely to be a danger to public health; (b) is likely to be a danger to public safety; (c) might reasonably be expected to cause

excessive demand on health or social services BUT…

“Excessive Demand” Exception Excessive demand does not apply to spouse,

common-law partner or dependent child of a sponsor

However, the “excessive demand” can still affect your ability to sponsor parents and grandparents as they tend to have more health issues

Inadmissibility: Security Risk & Criminality All sponsored persons have to undergo security

checks A person may be inadmissible on grounds of

security, human rights violations, serious criminality or organized criminality

A person may also be inadmissible on the grounds of misrepresentation.

Financial Issues: Sponsorship Undertaking As a sponsor, you sign an undertaking swearing

that you can provide for your relative for: 3 years for spouses 10 years for children OR until they reach 25 10 years for everyone else

The undertaking means that you will pay any social assistance they receive during that time

Financial Issues: Fees Sponsorship Application: $75 Principal Applicant (adult): $475 Principal Applicant (under 22 and “single”):

$75 A family member of the principal applicant:

over 22 or under 22 years of age and is married or in a common-law relationship: $550

under 22 and is not married or in a common-law relationship: $150

Fees (2) Right of Permanent Residence Fee - $490

Does not need to be paid when the sponsorship is filed but must be paid before the visa is issued overseas

Does not need to be paid by a dependant child of the principal applicant or sponsor, a child to be adopted, or an orphaned brother, sister, niece, nephew, or grandchild or by protected persons/Convention refugees

Processing Times Applications vary depending on type of

application and country submitted Generally the time period is from 1 to 2 or more

years: parents – much longer List of processing times online:

http://www.cic.gc.ca/english/information/times/index.asp

Special Rules for Refugees If you are found to be a “protected person” in

Canada and you apply for permanent residence, you SHOULD include your spouse, common-law partner, and dependent children in your application

If you do not include them you will be unable to sponsor them later

Special Rules for Refugees (2) These family members can be processed at

the same time as you if you include them on your application

Your family members can also apply within one year of you receiving permanent residence as family members of a protected person (the “one year window”)

If they miss this time period, you have to sponsor them using the regular application

What if My Application is Refused? If your sponsorship application is turned

down, you could get a lawyer who can take your case to the Immigration Appeal Division to argue against the refusal

You have 30 days from the time you received the negative decision to appeal

Where Can I Go for Legal Advice? Parkdale Community Legal Services

Open for intake: Mondays 2–6pm, Tuesdays 2–7pm, Thursdays 2–7pm, and Fridays 10–1pm and 2–5pm.

Tamil and Tibetan mini clinics: Mondays 2–6pm

Law reform and campaigns: Drop the Fee, Family Reunification

Where Can I Get More Information? Community Legal Education Ontario (CLEO)

Plain language information in various languages: www.cleo.on.ca/english/six/dosponsor.htm

Citizenship & Immigration Canada Application guides and forms:

www.cic.gc.ca/english/immigrate/sponsor/index.asp

Canadian Council for Refugees Problems with family reunification:

www.ccrweb.ca/reunificationen.html

Thank You!