Spouse
Sponsorship may be available for a legally married spouse where the sponsor, applicant and relationship satisfy the applicable requirements.
Canadian family sponsorship involves more than establishing a family connection. The sponsor, the person being sponsored and the relationship must each satisfy the requirements that apply to the particular sponsorship category.
Sponsorship does not guarantee permanent residence. Sponsor eligibility, relationship requirements, applicant eligibility, admissibility and supporting evidence must all be considered.
Family sponsorship is not one universal application. Different relationships are governed by different eligibility, documentary and procedural requirements.
Sponsorship may be available for a legally married spouse where the sponsor, applicant and relationship satisfy the applicable requirements.
Common-law sponsorship generally requires evidence that the partners have lived together in a conjugal relationship for at least 12 consecutive months.
Conjugal-partner sponsorship is a distinct category with specific requirements and should not be treated as an alternative simply because a couple has not married or cohabited.
Eligible dependent children may be sponsored subject to the applicable definition of dependency and other immigration requirements.
Parent and grandparent sponsorship operates under separate intake and eligibility rules. Current program availability should be checked before planning an application.
Canadian immigration law provides limited sponsorship possibilities for certain other relatives in specific circumstances.
A family relationship by itself does not complete the immigration analysis. Sponsorship and permanent residence requirements operate together.
Citizenship or permanent resident status, residence circumstances, previous sponsorships, financial obligations and other statutory restrictions may affect sponsor eligibility.
The applicant must fall within the relevant family category, provide the required evidence, complete the immigration process and satisfy applicable admissibility requirements.
The relationship is central, but it is not the only issue that can affect the application.
The sponsor's status, residence and any restrictions affecting sponsorship are reviewed.
The legal and factual relationship must fit the sponsorship category being relied upon.
Documentary evidence should accurately establish the history and nature of the relationship.
Previous applications, refusals, declarations and status history may be relevant.
Children and other family members must be identified and addressed as required by the immigration process.
Medical, criminal, security and other admissibility considerations may need to be addressed alongside sponsorship eligibility.
First, the couple must fit the legal definition of the sponsorship category relied upon. Then the application must provide credible evidence supporting the relationship and the facts presented to IRCC.
A sponsor signs an undertaking to provide support for the sponsored person for the period applicable to the sponsorship category. The consequences of that commitment should be understood before filing.
The sponsor accepts legally significant responsibilities associated with supporting the sponsored family member after permanent residence is granted.
Relationship changes or other later events do not necessarily cancel sponsorship responsibilities that have already taken effect. The applicable obligations should therefore be reviewed carefully.
Parent and grandparent sponsorship, dependent-child sponsorship and sponsorship of certain other relatives operate under distinct eligibility and procedural rules.
We begin with the relationship, the sponsor's status and circumstances, and the immigration objective of the family.
Sponsorship requirements and the applicant's permanent residence requirements are reviewed together.
The factual history and documentary record are reviewed for completeness, consistency and material issues.
Where Escanto is retained, the scope of professional advice, application preparation or representation is documented.
The sponsorship and permanent residence process is handled within the agreed professional scope and according to the applicable requirements.
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