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Family / Dependent Visas
Visa holders of certain types of visas can take their family along with them while moving abroad for studies, work or as a permanent resident. Along with the main applicant, their family can enjoy the many benefits of developed countries.
Dependents are mostly categorized into the following types:
- Spouse
- Fiance(e)
- Same sex civil partners
- Unmarried partner
- Dependent children
- Siblings
- Parents
Applicants who are Canadian nationals or permanent residents can sponsor their husband/wife, conjugal partner, dependent child (including adopted child) or other eligible relative (such as parent or grandparent) to become a Canadian permanent resident.
Family visas are among the most widely used category. 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
- The sponsor should be a Canadian Citizen or resident and should be 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.
Eligibility Criteria for Spouse
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.
Dependent children
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
Other Eligible Relatives
A Canadian resident can also 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.
Benefits
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.
To know more about the documents required and fee for Family Visa, contact us!
