Transcript Sponsorship - Your Legal Rights

Canadian
Immigration:
Family
Sponsorship
Presented by:
Rathika Vasavithasan & Swathi Sekhar
Parkdale Community Legal Services
1266 Queen Street West
416-531-2411, ext. 260/258
Overview of Presentation
1.
2.
3.
4.
5.
6.
7.
8.
Who can sponsor?
Who can be sponsored?
How to prove a relationship
Inadmissibility: medical, security, criminal
Financial Issues: undertaking and fees
Processing times
What if my application is refused?
Where can I get more help and information?
Who Can Sponsor?




Canadian citizen or permanent resident
Must live in or intend to reside in Canada
18 years or older
Financially eligible


Minimum necessary income
Cannot be in receipt of social assistance for a
reason other than disability
Financial Eligibility: Low Income Cutoffs (LICO)
SIZE OF THE FAMILY
UNIT
MINIMUM NECESSARY
INCOME
1 PERSON (THE SPONSOR)
2 PERSONS
$ 22, 171
$27, 601
3 PERSONS
4 PERSONS
5 PERSONS
$33,933
$41, 198
$46,7272
6 PERSONS
$52,699
7 PERSONS
$58,673
More than 7 PERSONS, for
each additional person add:
$5,974
Financial Eligibility: Exceptions

You do not have to meet the minimum
income requirements if you are sponsoring:





A spouse, common-law partner or conjugal partner who
has no dependent children
A spouse, common-law partner or conjugal partner who
has a dependent child who has no dependent children
A dependent child who has no dependent children
A person under 18 who you intend to adopt in Canada
BUT you still cannot be receiving social
assistance (unless it is ODSP)
Other Eligibility Requirements




Cannot be in detention or subject to a removal
order
Cannot have been convicted of a sexual
offence or a Criminal Code offence against
any of your relatives or family members
Cannot be in default of any previous
undertaking (more later)
Cannot be an un-discharged bankrupt
Who Can be Sponsored?




Partner: spouse,
common-law or
conjugal
Dependant child
Parents and
grandparents
Family member of a
sponsored person,
such as dependant
child of spouse or
parent
Who Can be Sponsored? (2)

But sometimes also:



Orphaned brothers, sisters, nieces, nephews, and
grandchildren who are unmarried and under 18
Children under 18 that you plan to adopt
If no close family in Canada, and you don’t have
any relatives abroad whom you can sponsor as
members of the family class, then you can
sponsor one relative regardless of age (e.g.
siblings, etc.)
Sponsoring Your Partner: Spouse


Spouse = married according to the law in the
country where the marriage took place. Must
also be valid under Canadian law
E.g. same-sex partners can be sponsored as
spouses if their marriage was legally
recognized in the country where it took place
Sponsoring your Partner: Common-Law



Common-law = lived together for an
continuous 12 month period in a
relationship that is like a marriage (depend
on each other, permanent, exclusive)
Short absences are okay (e.g. business trips)
Need evidence that you have combined your
households
Sponsoring your Partner: Conjugal


Conjugal = marriage-like relationship for at
least one year but you have been unable to
live together due to exceptional circumstances
In most cases not able to marry partner
Sponsoring Your Dependent Child



Biological or legally adopted child
Under 22 and without a spouse or commonlaw partner
If your child is over 22 they must:


Be attending post-secondary school full-time
since before the age of 22 and dependent
financially on a parent
Be unable to provide for themselves due to a
physical or mental disability
Genuine Relationship

If sponsoring a spouse, a common-law or
conjugal partner, or an adopted child, you
must show:


(a) that the relationship is genuine; and
(b) that you did not enter into it ONLY for
immigration purposes
How to Prove a Marriage is Genuine


A marriage certificate
Other documents include:


pictures, letters of support, proof of
communication (copies of letters, emails,
telephone records, etc.)
A marriage interview

CIC may interview both of you separately to test
whether your relationship is genuine
How to Prove a Relationship: Child


Birth certificates
Other documents include:





Official documents (baptismal records, school
records, hospital registries, old passports)
Photographs and sworn statements from nonfamily members
DNA testing- conclusive, but a last resort
If you receive a request for DNA testing, seek
legal advice
CIC may also interview you and your child
Medical Inadmissibility


All relatives who you sponsor have to take
medical examinations
They may be medically inadmissible if they
have a condition that:



(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety;
(c) might reasonably be expected to cause
excessive demand on health or social services
BUT…
“Excessive Demand” Exception


Excessive demand does not apply to spouse,
common-law partner or dependent child of a
sponsor
However, the “excessive demand” can still
affect your ability to sponsor parents and
grandparents as they tend to have more health
issues
Inadmissibility: Security Risk &
Criminality



All sponsored persons have to undergo security
checks
A person may be inadmissible on grounds of
security, human rights violations, serious
criminality or organized criminality
A person may also be inadmissible on the
grounds of misrepresentation.
Financial Issues: Sponsorship
Undertaking

As a sponsor, you sign an undertaking
swearing that you can provide for your
relative for:




3 years for spouses
10 years for children OR until they reach 25
10 years for everyone else
The undertaking means that you will pay any
social assistance they receive during that
time
Financial Issues: Fees




Sponsorship Application: $75
Principal Applicant (adult): $475
Principal Applicant (under 22 and “single”):
$75
A family member of the principal applicant:


over 22 or under 22 years of age and is married or
in a common-law relationship: $550
under 22 and is not married or in a common-law
relationship: $150
Fees (2)

Right of Permanent Residence Fee - $490


Does not need to be paid when the sponsorship is
filed but must be paid before the visa is issued
overseas
Does not need to be paid by a dependant child of
the principal applicant or sponsor, a child to be
adopted, or an orphaned brother, sister, niece,
nephew, or grandchild or by protected
persons/Convention refugees
Processing Times



Applications vary depending on type of
application and country submitted
Generally the time period is from 1 to 2 or more
years: parents – much longer
List of processing times online:
http://www.cic.gc.ca/english/
information/times/index.asp
Special Rules for Refugees


If you are found to be a “protected person” in
Canada and you apply for permanent
residence, you SHOULD include your spouse,
common-law partner, and dependent children
in your application
If you do not include them you will be
unable to sponsor them later
Special Rules for Refugees (2)



These family members can be processed at
the same time as you if you include them on
your application
Your family members can also apply within
one year of you receiving permanent
residence as family members of a protected
person (the “one year window”)
If they miss this time period, you have to
sponsor them using the regular application
What if My Application is Refused?


If your sponsorship application is turned
down, you could get a lawyer who can take
your case to the Immigration Appeal Division
to argue against the refusal
You have 30 days from the time you
received the negative decision to appeal
Where Can I Go for Legal Advice?

Parkdale Community Legal Services

Open for intake:





Tamil and Tibetan mini clinics:


Mondays 2–6pm,
Tuesdays 2–7pm,
Thursdays 2–7pm, and
Fridays 10–1pm and 2–5pm.
Mondays 2–6pm
Law reform and campaigns: Drop the Fee, Family
Reunification
Where Can I Get More Information?

Community Legal Education Ontario (CLEO)


Citizenship & Immigration Canada


Plain language information in various languages:
www.cleo.on.ca/english/six/dosponsor.htm
Application guides and forms:
www.cic.gc.ca/english/immigrate/sponsor/index.asp
Canadian Council for Refugees

Problems with family reunification:
www.ccrweb.ca/reunificationen.html
Thank You!