- Overview (Sponsoring your family)
- Eligibility Criteria for a Sponsor
- Spouse
- Sponsoring same-sex partner as a spouse
- Common-law partner
- Conjugal partner
- Dependent Children
- Relationships not eligible for the family visa
- Other Eligible Relatives
- Parental and Grandparental
- Remaining Relative Visa
- Benefits
- Sponsorship Agreement
- Sponsors Living in Quebec
- Fees
- Process Time
- Y-Axis Full Service & Processing
- FAQs
- Canada
Sponsoring your family (Overview)
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Applicants who are Canadian nationals or permanent residents can sponsor their husband/wife, conjugal partner, common-law partner, dependent child(including adopted child) or other eligible relative (such as parent or grand parent) to become Canadian permanent resident.
Family visas are among the most widely used categories, with over 65,000 family visas issued in 2008. Relatives being sponsored under the family visa category do not need to undergo a points-based assessment.
To be eligible to sponsor, the Canadian citizens or residents should be over the age of 18, should be living in Canada and should be willing to sponsor/support their spouse or relatives for a period of 3 to 10 years. The sponsors are also responsible for supporting their relatives financially when they arrives and should ensure their spouse or relative do not seek financial assistance from the government.
There are two processes for sponsoring a family:
- Spouse, common-law partner and/or dependent children.
- Eligible relatives.
Spouse, common-law partner and/or dependent children
Canadian citizens or residents can bring into Canada as permanent residents their spouse, common-law partner or conjugal partner, or dependent children. The spouse, partner or dependent children could be outside Canada, when the application is made or could be living in Canada.
Both the sponsor and the relative are expected to meet certain requirements. It is the sponsor’s responsibility to support them financially in Canada and do not need to seek monetary assistance from the government.
The sponsor should meet certain income requirements. If the applicant earlier sponsored relatives to come to Canada and they have later on turned for monetary assistance to the government, then the applicant may not be permitted to sponsor one more person.
Eligibility Criteria for a Sponsor:
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- The sponsor should be a Canadian Citizen or resident and should over 18 years of age
- A sponsorship agreement should be signed between the sponsor and his/her sponsored relative to commit to providing financial support, if needed. This agreement also states that the person after becoming a permanent resident will make every effort to support him/herself.
- Sponsor needs to provide financial support to a spouse, common-law for 3 years from the time they become a permanent resident.
- Sponsor needs to provide financial support to a dependent child for 10 years, or until the child turns 25.
- If the sponsor resides in Quebec, then he/she need to meet Quebec’s immigration sponsorship requirement, after Citizenship and Immigration Canada (CIC) accepts you as a sponsor.
Spouse
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A person can migrate as a spouse if he/she is married to their sponsor and the marriage is officially valid.
If a person has married in Canada, they should provide a marriage certificate issued by the province where the marriage took place.
If a person has married outside Canada, then the marriage must be valid under the law of the country where it occurred and under Canadian law. Marriages that happen in an embassy or consulate should be in accordance with the law of the country where it took place, not the country of citizenship of the embassy or consulate.
Sponsoring same-sex partner as a spouse
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Canadian citizens and residents can apply to sponsor their same-sex partner as a spouse, if they were married in Canada and issued a marriage certificate by a Canadian province on or after the below dates mentioned:
- British Columbia (on or after July 8, 2003)
- Manitoba (on or after September 16, 2004)
- New Brunswick (on or after July 4, 2005)
- Newfoundland and Labrador (on or after December 21, 2004)
- Nova Scotia (on or after September 24, 2004)
- Ontario (on or after June 10, 2003)
- Quebec (on or after March 19, 2004)
- Saskatchewan (on or after November 5, 2004)
- Yukon (on or after July 14, 2004)
- All other provinces or territories (on or after July 20, 2005).
If the applicant has married outside Canada, he/she may apply to sponsor their same-sex partner as a spouse provided that the marriage is lawfully accepted according to both the law of the place where the marriage happened and under Canadian law. This applies to same-sex marriages performed in the below mentioned jurisdictions:
- Belgium
- the Netherlands
- Norway
- South Africa
- Spain
- Sweden
- the State of California (June 16, 2008 – November 5, 2008)
- the State of Massachusetts
- the State of Connecticut
- the State of Iowa
- the State of Vermont (effective September 1, 2009)
Common-law partner
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Canadian citizens and permanent residents living in Canada can sponsor their common-law partner and eligible dependent children. Applicants who have been residing with their qualifying Canadian partners for a period of 1 year or more in an ongoing relationship can be sponsored under this visa. They need to prove that they are in a genuine and continuing relationship and should have resided together at a common address.
The sponsor and the partner should intend to live together in Canada and an undertaken should be given by the sponsor to provide for all of the applicant's basic needs for a period of 3 years from the partner's arrival to Canada.
Conjugal partner
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Applicants who have been maintaining an ongoing relationship with their Canadian partner, but have been unable to reside together at a common address with their Canadian partner for a period of at least 1 year, because of exceptional situations beyond their control, can be sponsored under this visa.
A person may apply as a conjugal partner if:
- He/she has maintained a conjugal relationship with their sponsor for a minimum of one year and have been hindered from staying together or marrying because of:
- an immigration barrier
- his/her marital status (for example, he/she is married to someone else and residing in a country where divorce is impossible) or
- his/her sexual orientation (for example, he/she are in a same-sex relationship and same-sex marriage is not granted where they live)
- He/she can provide proofs that there were reasons they could not stay together (for example, he/she was refused long-term living in each other’s country).
The Canadian sponsor must sign an undertaking to provide for the partner's basic needs for the duration of 3 years from the partner's arrival to Canada.
A person cannot apply as a conjugal partner if:
- He/she could have stayed together but chose not to. This demonstrates they did not have the level of commitment that is needed for a conjugal relationship. (For example, one among both may not have wanted to give up an employment or study, or his/her relationship was not yet at the point where they are ready to live together.)
- He/she could not provide proofs that there was a reason that kept away him/her from living together.
- He/she is engaged to be married. In this case, he/she should either apply as a spouse once the marriage has occurred or apply as a common-law partner if he/she has stayed together continuously for a minimum of 12 months.
Dependent children
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Canadian citizens and permanent residents living in Canada can apply to sponsor their or their partner's dependent or adopted children. A son or daughter is dependent when the child:
- is below the age of 22 and does not have a spouse or common-law partner
- is a full-time student and is considerably dependent on a parent for financial support since before the age of 22 or
- is financially dependent on a parent since before the age of 22 because of a mental or physical disability.
Relationships not eligible for the family visa
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An applicant would not be eligible to be sponsored as a spouse, a common-law partner or a conjugal partner if:
- he/she is under 16 years of age
- he/she or the sponsor was married to someone else at the time of their marriage
- he/she has stayed apart from the sponsor for a minimum of 1 year and either of them are the common-law or conjugal partner of another person
- the sponsor has migrated to Canada and, at the time permanent residency was applied for, he/she was a family member who should have been assessed on their eligibility of the immigration requirements, but were not assessed or
- The sponsor earlier funded another spouse, common-law partner or conjugal partner, and 3 years have not passed since that individual became a Canadian permanent resident.
If applicant sponsors group of people like spouse and dependent children then all the applications for permanent residency must be filed at the same time. The application for sponsorship and permanent residency must be filed together.
If the applicant does not qualify to sponsor/support their spouse, common-law partner or dependent child in the Family Class, their partner/dependent may apply to stay in Canada on humanitarian and compassionate grounds.
Other Eligible Relatives
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A permanent resident or a citizen of Canada can sponsor certain relatives such as parents and grandparents under the family class program. Both the sponsor and the relative wishing to migrate to Canada must satisfy certain requirements.
A Canadian resident can sponsor:
- parents
- grandparents
- brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship
- children adopted outside of Canada or intended to be adopted in Canada
- any other family member can be sponsored regardless of age, if there is no spouse, common-law or conjugal partner, son, daughter, mother, father, brother, sister, grandfather, grandmother, uncle, aunt, niece or nephew who is a Canadian citizen, registered Indian or permanent resident or whom you may sponsor.
- Accompanying relatives such as spouse, partner and dependent children.
Relatives over the age of 18, such as brothers and sisters or adult independent children are not eligible and hence cannot be sponsored. However, if they qualify to migrate under the Skilled Worker Class, they may gain additional points for adaptability for having a relative in Canada.
Parental and Grandparental
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Parents and grandparents can be sponsored under this visa category, by proving their relationship with the sponsor. The sponsor should be willing to live in Canada with the applicant(s) and must be capable of supporting them financially without accessing public funds.
The sponsor should meet the required income levels so as to support the applicants coming into Canada. The sponsor has to sign an undertaking to provide for all of the applicants basic needs for the duration of 10 years from the date the applicant arrives in Canada.
Remaining Relative Visa
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Canadian citizens and permanent residents living in Canada can sponsor one relative regardless of age or relationship, if the Canadian sponsor does not have any relatives who are Canadian citizens or permanent residents or any other relative who may be sponsored under the family category.
The Canadian sponsor must provide evidence of sufficient income and must also sign an undertaking to provide for all of the applicant's needs for a specified period of time.
Benefits
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Sponsored family members and relatives granted permanent residence under the Family Class will have the right to live, work and study in Canada indefinitely.
It is not a points-based category, but both the sponsor and the relative are expected to meet certain requirements.
Family members entering Canada can work without any restrictions and can avail language training programs and assistance for finding employment
Permanent residents have access to government-funded healthcare, subsidized education and other social care benefits such as Canada Pension Plan Benefits, Old Age Security and Guaranteed Income Supplement.
After three years stay in the country, the applicant can apply for Canadian citizenship
Sponsorship Agreement
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A sponsorship agreement outlines the conditions for both the sponsor and the family member who is immigrating to Canada. The sponsor must accept to support his/her relative or dependent for an agreed duration of time without them receiving any social assistance.
The individual being sponsored must ensure that they support themselves, except in cases where the relative is elderly.
Sponsors living in Quebec
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An agreement signed between the federal and Quebec governments provides the territory/province the right to determine whether or not sponsors staying in Quebec have the financial ability to sponsor members of the family class. Quebec residents must sign an undertaking with the province of Quebec
Sponsors must show that they have the financial ability to cover the basic requirements for the following people:
- themselves;
- their family members in Canada or elsewhere;
- the person they are sponsoring and his or her family members, whether or not they are coming to Canada; and,
- The persons for whom they and, if applicable, their co-signer have signed a previous undertaking that is still in effect.
Visa Fees
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The various fees under the family visa category are:
- $75 for the sponsorship application
- $475 for the principal applicant
- $150 for a dependent child of the principal applicant who is under 22 and not married or in a common-law relationship
- $550 for a dependant of the principal applicant who is 22 or older, or who is under 22 and married or in a common-law relationship and
- $490 for the right of permanent residence fee, which is required before the status is granted.
Process Time
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The process times and procedure for applications made from inside Canada are -
- average of 12 to 18 months to process
- no right of appeal
- You are advised to live in Canada while your application is being processed. If you leave Canada and cannot re-enter, the application will be discarded.
- you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are qualified)
The process times and procedure for applications made from outside Canada are -
- average of 6 to 12 months to process
- right of appeal
- you can depart and re-enter Canada whilst your application is being processed provided that you meet all requirements to enter Canada
- if you want to work in Canada whilst your application is being processed, you need to apply for a regular work permit
Evaluation
Cost: $22.00 for one country
Process time: 3 business days
Terms: This payment is non-refundable.
Before Y-Axis accepts your case for processing, we must be certain that you earn enough points and are able to provide documentary evidence to make a successful application. Before you apply for it, you must be certain you actually qualify.
Our Processing Team does a detailed review of your profile & assesses your education, your institution, & personal finances to determine if you are eligible apply for the visa. . If you score the necessary points your application is accepted for Full Service & Processing. Read more about Y-Axis Technical Evaluation
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Y-Axis Full Service & Processing
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Use our professional services to apply for your Canadian immigration. We have the experience of having processed cases from all over the world. No other consultant in the market has processed more immigrant applications than us. You can count on our experience and success.
Our terms & conditions are clear along with a transparent system & clear policies. We only accept applications that we are confident will be a success. You have to first sign up for an evaluation before we accept your case.
Our Full Service & Processing Includes:
- Starter Kit issuance
- Complete Application Processing
- Forms, Documentation & Petition Filing
- Updates & Follow up with the Consulate
- Airport Pickup*
- Accommodation Assistance*
- Relocation Orientation
- Job Search Assistance*
*these services are provided at an additional cost.
Costs:
Evaluation
Cost: $22.00.
Process time: 3 business days
Terms: This payment is non-refundable.
Payment Options
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Y-Axis Refund Policy
Visa Denial - 25% refund. No refunds in cases of
- Fraudulent documentation
- Failure of Medicals (if required)
- Failure of Police clearance (if required)
- Insufficient Funds
NO Refund in case of:
- Non-submission of required documents in 30 days after sign up
- Withdrawal of application at anytime, for any reason after sign up
25% refund in the event the immigration rules change & you are found ineligible to apply for the Family visa
FAQs
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1) Can I sponsor my family members if I am staying outside Canada?
Yes, you can sponsor, provided you are a Canadian citizen or permanent resident of Canada. You must be present in Canada when the sponsored individual becomes a permanent resident.
2) On what circumstances the application for permanent residence of the person I want to sponsor would be refused?
The application might be refused on the following grounds
- If you do not meet the financial requirements
- If the individual or group of people you want to sponsor or his/her relatives do not provide the required documents
- If the relationship between you and your sponsored person or his/her relative is not genuine
- If the person you want to sponsor or his/her relative have a criminal record or any serious illness then your application would be rejected.
3) What is the procedure if I want to sponsor my family members or relatives?
You need to complete a separate application for each person you would want to sponsor and send all at the same time. Each application includes the family members. The application for your parent would indicate one of your parents i.e.: either mother or father as the person being sponsored (main applicant) and the other parent as his/her family member.
If you believe you are eligible to sponsor and wish to support the immigration application of your parent, grandparent, and adopted child or of a relative who is a member of the family class then you can move ahead by getting in touch with us.
4) Who is a dependent child?
Your children or a child of the individual you are sponsoring will be considered as a dependent child if; that child is below 22 and unmarried or in common-law relationship; or if that child is married or is in common-law partnership before the 22 years of age and since becoming partner or common-law partner has enrolled in full-time studies in a post secondary education and solely dependent on you for financial needs. Or if the child is of 22 years of age or over and is enrolled for full t-me studies or is physically or mentally disable and is dependent on you for financial needs.
5) Can I apply for permanent residence under family class visa in Canada if I am inadmissible to Canada?
Yes, you can apply under the family class. Nonetheless, your permanent residence application would be refused if there are reasons that hindered you from living in Canada. For instance: if you were not able to meet medical or security needs, or if you have been convicted of a criminal offence.
6) If I hold a temporary resident permit then can I apply as a sponsored spouse or common-law partner to become a permanent resident?
You can apply as a sponsored spouse or common-law partner for a permanent residence if you are in Canada. Nonetheless, if you have a temporary resident permit because you are inadmissible to Canada then you cannot apply for permanent residence under family class visa.
7) I am a refused refugee claimant. Cam I stay in Canada if I get married to a Canadian national or permanent resident of Canada?
As you are a failed refugee, you can apply under the public policy relating to the common-law partner, spouse in Canada family class if you satisfy all the requirements. Being in a common-law relationship with, or married to a Canadian national does not assure you of becoming a permanent resident.
8) Who all are eligible family members who can accompany me to migrate to Canada?
- Your spouse or common-law partner or conjugal partner
- Your dependent children or your spouse or common-law partner’s dependent children and
- A dependent child of a dependent child.
Your parents, grand parents and other relatives are not eligible to go to Canada along with you. Nonetheless, you can apply to sponsor them once you have reached Canada.
9) I want to sponsor my spouse so which is faster process, is it applying from inside or outside Canada?
Usually the process would be quick if you apply being outside Canada. However, the eligibility requirements to Canadian migration are the same in both cases.
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