Under the Parent & Grandparent Sponsorship Program (the “PGP“), Canadian citizens and permanent residents can sponsor their foreign national parents and grandparents. Sponsors must sign an undertaking with the Minister of Citizenship and Immigration (“IRCC“) or with the Ministère de l’Immigration, de la Diversité et de l’Inclusion for those in Quebec. The undertaking ensures that the sponsored individuals and their family members do not have to apply for social assistance. The length of undertaking in the PGP is 20 years. As per the IRCC website, sponsors must: be 18 years of age or older; be a Canadian citizen, Registered Indian or permanent resident; be sponsoring their parents or grandparents; live in Canada; sign an undertaking promising to provide for the basic requirements of the person being sponsored; sign an agreement with the person theyare sponsoring; and prove that they have sufficient income. Co-signers are permissible. Exclusions A Canadian citizen or permanent resident cannot be a sponsor if they: are in receipt of social assistance for a reason other than disability; are in default of an undertaking, an immigration loan, a performance bond, or family support payments; are an undischarged bankrupt; were convicted of an offence of a sexual nature, a violent criminal offence, an … Read More
Spousal Sponsorship and Social Assistance
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 benefit, whether money, goods or services, provided to or on behalf of a person by a province under a program of social assistance. It includes assistance for food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care. Pursuant to the internal Immigration Refugees and Citizenship Canada (“IRCC“) e-mails below, it is important to note that IRCC does not consider subsidized housing to be social assistance. Section 133(1)(k) of the Regulations explicitly provides that a person can still sponsor a foreign family member to immigrate to Canada if the sponsor receives the social assistance because of a disability. Previous Receipt of Social Assistance Depending on the circumstances, the previous receipt of social assistance can render a sponsor ineligible. Section 133(1)(b) of the Regulations provides that a sponsor must intend to fulfil the obligations in the sponsorship undertaking. In Alriyati … Read More
Withdrawing a Spousal Sponsorship
The first question on the Application to Sponsor and Undertaking form asks…1) If you are found ineligible to sponsor, indicate whether you want to withdraw your sponsorship. All processing fees less $75 will be repaid OR to proceed with the application for permanent residence.
Assessing the Genuineness and Primary Purpose of a Marriage
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 not genuine. Statistics From 2012-2017 around 4% of spousal sponsorship applications were refused because an officer determined that an applicant’s marriage was either not genuine or that it was primarily motivated by an immigration benefit. A Hasty Marriage In Nadasapillai v Canada (Citizenship and Immigration), 2015 FC 72, Justice Diner held that the fact that a marriage was entered into after a short courtship is not determinative of a mala fide marriage. He stated: The Panel criticized the haste based on Ms. Raman’s troubled past relationship and marriage, and the fact that Ms. Raman was 38 years of age at the time, i.e., getting on in age for a single mother. There are two reasons that this is a weak conclusion. First, one can easily understand why Ms. Raman was ready for the companionship that she clearly explained she had longed for: older couples can be quick in deciding … Read More
Sponsoring an Extended Family Member to Immigrate
It is generally well known that Canadian citizens and permanent residents can sponsor their spouses, common-law partners, children, parents and/or grand-parents to immigrate to Canada. What is less well-known is that in certain circumstances it is also possible for a Canadian citizen or permanent resident to sponsor an extended family member to immigrate. The “Lonely Canadian” Category Under a program that is generally referred to as the “Lonely Canadian Program” or the “Other Relative Program” a Canadian citizen or permanent resident can sponsor one adult son or daughter, brother, sister, uncle, aunt, niece or nephew to immigrate to Canada. If that extended family member is married or has children, the person being sponsored can bring their immediate family with them to Canada. As well, the person being sponsored has to be related to the sponsor by blood. In order to sponsor such a relative, however, the Canadian or permanent resident must show that they do not have a spouse, common-law partner, child, parent or grandparent or child who is either a Canadian citizen or a permanent resident, or who is a foreigner that can be sponsored. For example, if a Canadian citizen is married they cannot sponsor their uncle to … Read More
The Inside Canada vs. Outside Canada Sponsorship Process
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 contains advantages and disadvantages vis-a-vis the other, and I have provided a list of the key features and requirements of each program below. Inside-Canada Process Outside-Canada Process The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit. The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit. The spouse/common-law partner must reside together in Canada. The spouse/common-law partner do not have to reside together in Canada. As well, once a common-law relationship is established, periods of separation will not change their common-law status if there is a short separation that does not sever the common-law partnership. The applicant must live with the spouse/common-law partner inside Canada during the duration of processing. The applicant can live with … Read More
The Return of Incomplete Applications
One of the most frustrating experiences for people applying for visas is to have an application returned due to incompleteness. Because of processing delays, it often takes Immigration, Refugees and Citizenship Canada (“IRCC“) months to return an incomplete application, and applicants have to then start over.
Spousal Sponsorships where the Sponsor Does not Live in Canada
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 no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident. (Emphasis Added) Immigration, Refugees and Citizenship Canada (“IRCC“) may scrutinize in some detail the sponsor’s intention to actually reside in Canada with their spouse, or to simply get the principal applicant permanent resident status without actually immigrating to Canada. Permanent residents may not sponsor from outside Canada under any circumstances. Questions The Embassy of Canada in the United Arab Emirates previously asked applicants to complete a Residency Questionnaire for their sponsors if they reside outside of Canada. These questions can serve as a useful guide to anyone submitting a family class application where s. 133(2) of the Regulations applies. Is your sponsor currently a Canadian citizen or a Permanent Resident? Is your sponsor currently in Canada? If yes, then how long has the sponsor been physically residing … Read More
Sponsoring Relatives other than Spouses, Parents, and Children
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 the family class if, with respect to a sponsor, the foreign national is a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father (i) who is a Canadian citizen, Indian or permanent resident, or (ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor. The following are key things to know about sponsoring relatives other than spouses, common-law partners, children, parents or grand-parents. 1. The Canadian sponsor must … Read More
Genuineness and Primary Purpose – The Disjunctive Test – Section 4(1) of the Regulations
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 or privilege under the Act; or (b) is not genuine. The primary purpose test and the genuineness test are determined with respect to different time-frames. As the Federal Court noted in Idrizi v. Canada (Citizenship and Immigration), 2019 FC 1187 The relevant time for the primary purpose test is in the past (i.e. the time of the marriage); the relevant time for the genuineness test is the present (i.e. the time of the decision). Evidence that a marriage is not genuine can support the inference that it was entered into primarily for an immigration purpose. The converse is also true. these determinations can be exceedingly difficult. Officers must “proceed cautiously and carefully, ever aware of the need to facilitate family reunification, while at the same time safeguarding the integrity of the immigration process” (at 1944). There will rarely be direct evidence of an improper purpose. Instead, normally … Read More