Sponsorship Immigration

Applicable to the spouses, common-law partners, conjugal partners, and unmarried children under 22 years of age of Canadian permanent residents or citizens.

Key Points

  • The key point of family reunification immigration is to convince the visa officer of the authenticity of the relationship and that there was no deception in previous reunification or immigration applications.
  • After successful reunification immigration, the sponsor cannot sponsor another applicant for 3 years, and the sponsored person cannot sponsor anyone for 5 years.
  • The permanent resident card obtained by the sponsored person is an unrestricted card (the previous 2-year limit has been removed). Divorce or relationship breakdown after landing will not affect the card. However, the relationship cannot have broken down before landing, and fraudulent marriages for immigration purposes are not allowed

What Is A Common-law Partner?

  • Under Canadian law, if both parties have lived together for more than a year and function as a couple, they can be considered to be married. This relationship is referred to as a common-law partnership.
  • Common-law partners need to jointly declare their recognition of this relationship using the form IMM 5409 Statutory Declaration of Common-law Union.
  • For immigration applications, it is usually required to provide proof of having lived together for at least one year, which may include but is not limited to: utility bills showing the address (water, electricity, gas), credit card statements, phone bills, rental agreements, and third-party testimonials.

What Is A Conjugal Partner?

  • Although there is no cohabitation or marriage, as long as both parties maintain a stable relationship, they can pursue family reunification immigration; this relationship is called a conjugal partner.
  • Conjugal partners can only apply for overseas reunification, not for reunification within Canada.
  • Conjugal partners need to prove that getting married or cohabitating is difficult for them.

The Difference Between Overseas Reunification & Inland Reunification.

  • Overseas sponsorship is generally faster and is typically suitable for couples living apart. The application first goes through the sponsorship eligibility process at CPC – Sydney and is then usually sent to Hong Kong or Ottawa to review the permanent resident application for the sponsored person, with a total processing time of about one year.
  • Overseas sponsorship allows for the right to appeal, which means it can go to court. In contrast, if inland sponsorship is refused, only a judicial review can be requested. However, very few clients we represent are refused, so the ability to appeal is usually not a significant factor to consider.
  • Inland sponsorship allows for the application of a spousal work permit. For applicants with legal status, they can apply for a work permit after receiving the family reunification immigration application file number. For those without status in Canada, they can apply for a work permit after receiving an Approve in Principle (AIP) letter.
  • The refusal rate for inland sponsorship is lower than for overseas sponsorship. If both applicants are in Canada, interviews (which are less likely) will typically take place within Canada.
  • Inland sponsorship cannot only sponsor children; it can include children as dependents when sponsoring a spouse (or common-law partner).

Can A Sponsor Who Is Not In Canada Still Pursue Family Reunification?

  • Canadian citizens residing overseas can submit an overseas reunification application, but they must convince the immigration officer that once the sponsored person becomes a permanent resident of Canada, they will reside in Canada.
  • Canadian permanent residents living outside of Canada cannot sponsor; they must return to Canada to submit the sponsorship application.

Financial & Medical Requirements For Family Reunification.

  • The sponsor’s lack of employment or low income does not affect the application; there is no need to consider the sponsor’s income. However, the sponsor must fulfill previous sponsorship obligations and repay any government benefits received.
  • The sponsored person is required to undergo a medical examination, but they cannot be refused based on treatment costs unless they pose a serious risk to public safety due to a severe communicable disease that would impose an excessive burden on Canadian society.
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