The Inside Canada vs. Outside Canada Sponsorship Process

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

One of the quirkier features of Canadian immigration law is the distinction between what is generally referred to as the “Inside-Canada Sponsorship” process and the “Outside-Canada Sponsorship” process.  The biggest myth is that if a couple is residing in Canada then they must use the “Inside-Canada Sponsorship” process.  This is not true.  However, each program … Read More

Spousal Sponsorships where the Sponsor Does not Live in Canada

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Section 133(2) of the Immigration and Refugee Protection Regulations (the “Regulations”) provides that: A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes [an application to sponsor a member of the Family Class] and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has … Read More

Assessing the Genuineness and Primary Purpose of a Marriage

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Regulation 4 of Canada’s Immigration and Refugee Protection Regulations, SOR/2002-207 state that a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act or (b) is … Read More

Spousal Sponsorship and Social Assistance

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Section 133 of Canada’s Immigration and Refugee Protection Regulations (the “Regulations“) prohibits a Canadian citizen or permanent resident from sponsoring a foreign family member (generally a spouse, common-law partner, parent or grandparent) if the Canadian is in receipt of social assistance for a reason other than a disability.  The Regulations define social assistance as being any … Read More

The Parent & Grandparent Sponsorship Program

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

With the incoming Liberal government of Canada promising to double the number of applications in the Parent & Grandparent Sponsorship Program (the “PGP“) there will likely be renewed interest in the program. Under the PGP, Canadian citizens and permanent residents can sponsor their foreign national parents and grandparents.  Sponsors must sign an undertaking with the … Read More

Sponsoring Relatives other than Spouses, Parents, and Children

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Canadian immigration legislation provides that a Canadian citizen or permanent resident may sponsor their spouse, common-law partner, child, parents or grand-parents to immigrate to Canada.  It also provides that in certain circumstances a Canadian may sponsor another relative. Section 117(1)(h) of the Immigration and Refugee Protection Regulations (“IRPR“) provides that: A foreign national is a member of … Read More

Genuineness and Primary Purpose – The Disjunctive Test – Section 4(1) of the Regulations

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Regulation 4(1) of the Immigration and Refugee Protection Regulations (“IRPR“) state that: 4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status … Read More

Sponsoring a Common-Law Partner

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Canadian immigration law allows Canadian citizens and permanent residents to sponsor their common-law partners. It requires that: people in relationships who have not married to have cohabited together for at least one year in a conjugal relationship; that the cohabitation during that year be continuous rather than intermittent cohabitation adding up to one year; that … Read More