Canadian Immigration: Family Visas (Family Class Program)

BACKGROUND

The Family Visa program is intended to allow Canadian citizens or permanent residents to sponsor foreign nationals who are close family members so that they may immigrate to Canada as permanent residents.

Under Canadian immigration law, a person who is a Canadian citizen or permanent resident (Sponsor) may sponsor an eligible relative (Sponsored Relative) together with the Sponsored Relative's spouse and dependent children to come to Canada as permanent residents.

ELIGIBILITY: WHO CAN BE SPONSORED?

The following categories of persons are eligible to be sponsored as Sponsored Relatives under the Family Visa program:

• Spouses (including same sex partners who were lawfully married in Canada or a foreign jurisdiction which recognizes same sex marriages).
• Common law and conjugal partners.
• Parents.
• Grandparents.
• Dependent children under 22 years of age.
• Dependent children 22 years of age or older (including children who are married or are in a common law spousal relationship) who are full-time post-secondary students and who are financially supported by a parent.
• Dependent children 22 years or older who are disabled and who have been financially supported by a parent since before the age of 22 years.
• Children under 18 years of age that the sponsor intends to adopt.
• Brothers, sisters, nephews, nieces and grandchildren who are orphans and who are under 18 years of age.
• Any other relative if the sponsor has none of the above family members or an uncle or aunt who is eligible to be sponsored or who is a Canadian citizen or permanent resident.

ELIGIBILITY: WHO CAN BE A SPONSOR?

The Sponsor must be a Canadian citizen or permanent resident over 18 years of age.

The Sponsor must be able to demonstrate the ability to meet certain minimum income level requirements. This requirement does not apply where the Sponsored Relative is a spouse, common law or conjugal partner or a dependent child.

Sponsors are required to give an undertaking to the Department of Citizenship and Immigration promising to provide financial support for the basic needs of the Sponsored Relative and all accompanying family members following their landing in Canada. “Basic needs” means food, clothing, shelter and other needs for everyday living. It also includes dental care, eye care and other health needs not covered by public health services. In the case of spouses, common law and conjugal partners and dependent children over 22 years of age, the undertaking runs for three (3) years. For all other applicants, the undertaking runs for 10 years.

VISA PROCESSING

Processing of the Family Visa application takes place in two stages:

Step 1: The Sponsor submits a sponsorship application together with the Sponsored Relative’s application for permanent residence to the Department of Citizenship and Immigration (CIC) in Canada.

Step 2: If the Sponsor’s application is approved, the Sponsored Relative’s application for permanent residence is sent to the Canadian visa office outside of Canada which serves the Sponsored Relative's country of residence or citizenship where it is reviewed to determine whether it meets the requirements of the Family Visa program. Depending on the circumstances, an interview with a visa officer may be required. If the Sponsored Relative’s permanent residence application is favourably assessed, and all background security and medical checks are clear, the Sponsored Relative and his/her accompanying family members will be issued immigrant visas permitting them to enter Canada as Permanent Residents.

MEDICAL EXAMINATIONS

Under the Family Visa program, Canadian Immigration Medical Examinations for spouses, common law and conjugal partners, and dependent children are conducted prior to the filing of the Sponsorship Application by the Sponsor. This is intended to expedite the processing of sponsorship applications for these family members.

In the case of sponsorship applications for other family members (e.g.: brothers, sisters, grandparents, etc.) medical examinations are conducted after the review of the Sponsored Relative’s permanent residence application has been completed by the Canadian visa office outside of Canada.

Special procedures apply for medical examinations of children who are being adopted.

All medical examinations must be conducted by a Designated Medical Practitioner.

SPONSORSHIP OF SPOUSES OR COMMON LAW PARTNERS IN CANADA

Where a sponsorship application is in respect of a spouse or a common law partner who is lawfully in Canada, the Principal Applicant’s Permanent Residence Application will be processed in Canada. For example, a foreign student in Canada on a Study Permit, or a foreign worker in Canada on a Work Permit, may marry or may enter into a common law relationship with a Canadian citizen or permanent resident who then sponsors that person under the Family Visa program. In such cases, there would be significant hardship in requiring the Sponsored Relative’s permanent residence application to be processed outside of Canada.

SPONSORS LIVING IN QUEBEC

Under the Canada-Quebec Immigration accord, the Province of Quebec has responsibility for determining the eligibility of sponsors who reside in the Province of Quebec. This function is performed by the Quebec ministère des Relations avec les citoyens et de l’Immigration (MRCI).

Sponsors who are resident in Quebec and who wish to sponsor family class members will be required to follow similar procedures as those set out above, however, they must also follow the Quebec-specific application procedures established by MRCI. In particular, they must submit a Quebec Family Class Undertaking as part of their application, and the Sponsored Relative must apply for and obtain a Quebec Selection Certificate (CSQ).

READ MORE . . . about Skilled Worker Visas about Entrepreneur Visas about Investor Visas about Self-Employed Individual Visas about Family Visas about Canadian Immigration Medical Examinations

Disclaimer: The information contained on this site is intended to educate members of the public generally and is not intended to provide legal or professional advice or solutions to individual problems. If you require legal advice or assistance, you should consult a Gaertner Tobin LLP lawyer at info@GTLLP.com.