Last Updated on July 23, 2013 by Steven Meurrens
I recently met with an individual who was given erroneous advice. She was told that she should not file an “Application for Permanent Residence from within Canada – Spouse or Common-law Partner in Canada” (“Inside Canada Sponsorship“) because she had dependent children living overseas, and that if she did the Inside Canada Sponsorship her children would not be able to accompany her to Canada.
This is not the case.
Section 5.11 of Citizenship and Immigration Canada’s Inland Processing Manual 8 – Spouse or Common Law Partner in Canada states that:
For dependent children living outside Canada, the [Case Processing Centre – Vegreville] will forward a copy of the permanent residence application listing the dependent children and their relevant contact information to the responsible visa office for verification of the relationship, once the sponsor and applicant have been assessed and approved against eligibility requirements.
The visa office will determine admissibility of dependent children outside Canada, conduct interviews if necessary and advise the CPC-V of the outcome by updating the electronic record. The CPC then informs the CIC [office] responsible for the applicant’s place of residence that permanent residence may be granted. Once the CIC [office] has granted permanent residence to the principal applicant, it will notify the visa office, which will issue permanent resident visas to the overseas dependent children who are seeking permanent residence.
There are many differences between the Inside Canada Sponsorship and the outside Canada sponsorship. Whether children outside of Canada can accompany the principal applicant in the same application is not one of them.