Family reunification is one of the foundation principles of Canadian immigration law. Citizens and permanent residents of Canada may sponsor for permanent residents the following family members:
- Spouse, common-law partner or conjugal partner
- Dependent children (under the age of 22)
- Adopted children
- Parents and grandparents
- Orphaned nieces or nephews
- Any family member of any relationship or age in the circumstance that the sponsor has no family member who is a citizen or permanent resident of Canada and there is, outside Canada, no other family member (as in a. to e., above) who is eligible to be sponsored
Outside-Canada Spousal/Common-law or Conjugal Partner Sponsorships:
Citizens and permanent residents of Canada may sponsor for permanent residence in Canada:
- Their married partner of either the same or opposite sex
- Their common-law partner of either the same or opposite sex, if they can prove that they have lived together for at least 12 months
- Their conjugal partner of either the same or opposite sex, if they can prove that they have been in a committed monogamous relationship for 12 months or more and that they were prevented from either marrying or living together for legal or immigration reasons
If the sponsor is a permanent residence of Canada, the application must be submitted from within Canada. If the sponsor is a citizen of Canada, the application may be submitted from outside Canada, but the sponsor must demonstrate that he will reside in Canada with her/his sponsored partner when the application is approved
The applicant’s permanent residence application will be processed at a visa
office outside Canada, and generally the sponsored spouse or partner will not be admitted to Canada until the sponsorship application has been approved.
In-Canada Spousal/Common-law Partnership Sponsorships:
Citizens and permanent residents of Canada may sponsor their married or common-law partner if they are living together in Canada and regardless of the immigration status of the sponsored partner and regardless of whether the partner has been working without authorization in Canada. Such applications are processed within Canada.
The sponsored partner may submit an application for an open work permit together with the sponsorship application. The work permit will be issued three to four months after submission of the application.
The processing of all types of family-class sponsorship applications is rule-governed. If the sponsor and the sponsored party have met all the requirements of the application, it will be approved. The immigration officer who assesses the application has no discretion. There is, therefore, no reason why a complete and genuine application will be refused.
In eleven years of practice, Immigration Canada PRS has represented and managed the applications of clients in all types of family-class sponsorships. None of our sponsorship applications has ever been refused.