Ziaie Law: News

Details Unveiled for 2019’s Parent and Grandparent Sponsorship Program

17/1/2019

The wait is over and Immigration, Refugees and Citizenship Canada (IRCC) has finally released details of the much-anticipated reopening of the Parent and Grandparent Sponsorship (PGP) program for 2019.

One of the ways in which Canadian permanent residents and citizens can be reunited with their parents or grandparents permanently in Canada is through the PGP sponsorship program. IRCC has announced a quota of 20,000 PGP applications for 2019, double the quota of previous years. More importantly there are significant changes in the way you can submit an application in 2019. In the past two years the PGP has operated on a lottery basis but a new, first-come basis system is going to be used in 2019. In previous years up to 100,000 families registered for the lottery so I expect that there will a lot more families interested in applying than 20,000 and if you plan to submit an application you must prepare quickly and carefully.

Registration Process
Registration is set to open on 28 January 2019 at noon Eastern Standard Time. Registration will be online and you will be submitting an “interest to sponsor” form. The process will require information about yourself, your parents or grandparents and most importantly your income and information about your family unit. Your eligibility to sponsor is based on you having sufficient income in your last three years of income based on your family size and the number of people you are sponsoring. You should also note that the PGP is only for those who are living in Canada to sponsor their parents or grandparents and cannot be used if you are a permanent residents or citizens living outside of Canada.

You may submit your online registration yourself or retain a lawyer to undertake the process for you. If you are registering yourself make sure you do not submit duplicate entries as these will be removed from the system. The system will likely be overrun with requests on the first day, nevertheless, I highly recommend that you try to submit your application on the first day.

Confirmation Number
After you successfully submit the interest to sponsor form you will be given a “confirmation number”. The system should also send an email to the email address that you provide to confirm your registration. In the weeks after the registration you should be on the lookout to receive an email from IRCC if you are one of the first 20,000 registrants and are invited to submit a complete application.

Submitting a Complete Application
If you are lucky enough to receive an invitation to submit your sponsorship application you will have a short window in which to gather all of your documents, complete all the forms and submit the complete submission application along with the necessary application fees (determined by the number of people you are sponsoring). These include key documents such as identity documents for yourself and your parents and grandparents, your proof of income, and original police clearances for your parents and grandparents. Any documents that are not in English or French must be officially translated as per the requirements of IRCC.

The deadline for submission of your complete application is a strict deadline and extensions are not granted. Furthermore, it is critical that your application is complete and includes all the information and requested documents, including any country-specific documents. If you make a mistake or a document is missing, your complete application may be returned to you and you will not be able to resubmit the application in 2019.

Determining Eligibility
Are you sure that you qualify to sponsor your parents? Do your parents have young dependent children that may be eligible to join your parents? Has your family size changed in the past three years and you are unsure of how much income you need to sponsor? The good news is that you still have time to contact an experienced immigration lawyer to assess your situation and ensure that you are eligible to apply before the registration begins on 28 January 2019.

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Preparing for 2019 Parent and Grandparent Sponsorship Applications

15/11/2018

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Many Canadian families are eagerly awaiting news from Immigration, Refugees and Citizenship Canada (IRCC) to find out if they will have a chance to be reunited with their parents, and even grandparents, under the Parent and Grandparent Sponsorship (PGP) program.

Each year we have faced different conditions under the PGP: in 2015 applicants had to submit complete applications on the first working day in January and the quota of 5,000 applicants was filled in one or two days. Then in 2016 and 2017 IRCC increased the quota to 10,000 and moved to a lottery system. However, the lottery system was fraught with problems as many people signed up that did not qualify (they did not have the necessary income for the past three years to be able to sponsor) which resulted in delays and it is not ultimately clear if IRCC was able to meet its quota in each of those years.

The latest news that was released in August 2018 is with regards to the 2019 PGP program. Here is what we know so far:

Since IRCC has been able to reduce its backlog of applications from 167,000 in 2011 to just over 20,000 in 2018, it has allowed been able to increase the quota for 2019. The 2019 quota under the PGP is set to be 20,000 applications.
The system will no longer be a lottery and will be based on the order in which you register your interest to sponsor.
Beginning at the start of 2019, if you are eligible to sponsor your parents or grandparents, you will be able to register an “expression of interest”. IRCC will issue invitations to apply to eligible applicants until the 20,000 quota for 2019 is met based on the order in which files are submitted.
If you submit an expression of interest and are selected you will only have 90 days to submit a complete application or risk losing your chance to sponsor.

If you are interested in sponsoring your parents, here are 5 important points to understand:
1. In order to be eligible to sponsor your parent or grandparents you will need to meet the eligibility requirements, the most important of which is that you must have had sufficient income for the past three years. The minimum level of income you need will depend on the number of people in your family and the number of people you want to sponsor. For example, for a family of 3 that want to sponsor their parents, they have to have at least the following income: 2017: $67,400, 2016: $66,654, and 2015: $65,377.

You will also need to meet the minimum income for 2018 which has not yet been announced but will be slightly higher than the 2017 amounts. And you will also need to meet all the income requirements until the time your application to sponsor is finalized. The minimum income levels for 2015, 2016 and 2017 based on number of family members are as follows:

NOTE: The above amounts apply to residents of all province except Quebec.

2. If the number of people in your family has changed in the last 3 years you should pay close attention. For example, if you were a couple in 2015 but had a child in 2016, then your family unit now consists of 3 people but consisted of 2 people in the earlier year. The question is what level of income should you have? There is no clear guidance on this from IRCC but in order to minimize any risk you should count on having the higher income level based on the number of family members you currently have.
3. If your own income is not sufficient to sponsor your parent(s) or grandparent(s), it is possible for your husband or wife to act as co-signer for the application and have his or her income count towards meeting the income requirements. You should be aware that if your co-sponsor changes his or her mind or there is a breakdown of marriage you may not longer be able to meet the income requirements at the time your application is being considered in the future and therefore will not be eligible to sponsor your application.

4. When you sponsor your parents or grandparents you give an undertaking that they will not use public assistance for a period of 20 years from the time of their landing in Canada. This is a binding undertaking and if the people you sponsor access public assistance you will be required to pay back these sums, often times with interest and penalties. If you have a co-signer this is a binding obligation on your co-signer as well.

5. Planning ahead can help you ensure that you are ready to submit a complete application. Unfortunately details of how the PGP will work in 2019 have not been announced but I have been working with clients over the past few weeks to assess their eligibility and have started to gather all their documents. If you are interested in applying to sponsor your parents or grandparents you should start your preparation process as soon as possible and if necessary seek out professional assistance to assist you in this process.

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Second Round of Application Intake for Parent and Grandparent Sponsorship Applications Good News for up to 8500 families across Canada

2/8/2018

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Once again there is good news for thousands of applicants who tried to sponsor their parents or grandparents earlier this year. Immigration, Refugees and Citizenship Canada ran a lottery for those interested in sponsoring their parents in the spring and issued 10,000 invitations to apply. The deadline for submitting these applications was May 25, 2018.

I wrote in my article in December that IRCC would likely not receive 10,000 applications, despite efforts that IRCC made to ask additional questions to ensure those registering for the lottery actually qualified. The prediction was correct and IRCC is now allowing a second round of applications for the parent and grandparent sponsorship program. 8500 new applicants have been chosen and they will have 60 days to submit their complete sponsorship applications to IRCC.

If you registered your interest to sponsor your parents or grandparents in January but were not previously chosen you should check your inbox for an email from IRCC. You can also check the confirmation number here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents/selected.html

If you are one of the lucky applicants who has been chosen, make sure to review all the eligibility requirements and submit a complete application. IRCC is very strict and I have seen applications returned for missing a single signature, an old photo or one copy instead of an original.

Eligibility Requirement for Parent & Grandparent Sponsorship
In order to sponsor, you must:

be 18 years of age or older;
be a Canadian citizen, Registered Indian or permanent resident;
be sponsoring your parent or grandparent;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person being sponsored for a period of 20 years;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities;
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking. You may also have a co-signer.

The minimum necessary income requirement is based on the size of your family and the number of people you are sponsoring and is assessed based on your income from the three years preceding your application. For example for a family of three sponsoring both their mother and father, the applicant (along with a potential co-signer) would need to show income of at least $65,377 in 2015 and $66,654 in 2016 and $67,400 in 2017. This amount varies based on the number of people in the family and those being sponsored. The income is verified based on proof of income from the Canada Revenue Agency (CRA).

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case.

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2018 Parent and Grandparent Sponsorship Lottery Result

6/4/2018

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The results of the 2018 Parent and Grandparent (PGP) Sponsorship lottery were announced beginning on 19 March 2018 and thousands of families across Canada received good news emails inviting them to submit applications to sponsor their parents or grandparents.

In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC and while the 2018 numbers have not been released it will be at least the same if not more than last year.

If you are one of the lucky families that has been selected to submit a PGP sponsorship application you must act fast as applicants only have 60 days to submit a complete application.

Check your email (including your spam folder) or use the confirmation number to look up if you were selected online
Ensure that you meet the eligibility criteria (refer to my previous articles available on the Salam Toronto website) and if there are any questions regarding your eligibility you should speak with an immigration lawyer immediately
Gather all the required documents for yourself and your parents – whether you are applying for yourself or with the assistance of a representative, it is extremely important that your application is complete and meets all the requirements. I have unfortunately seen applications returned for missing a single check mark or photograph so it is imperative that you submit a complete application

While the key requirement for PGP sponsorship applications is the minimum necessary income you must show as the sponsor there are often complex questions that arise. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years. What happens if the number of people in your family changes (you become married or a child) during the three years that you have to show income? What if you lose the support of your co-signer as part of the application? In these cases you should consult with an immigration lawyer as soon as possible to ensure that you are able to submit a successful application.

The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) need to show income of at least $65,377 in 2015 and $66,654 in 2016, and $67,400 in 2017. This amount varies based on the number of people in your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.

Given the short period of time you have to submit your application you should try to submit your PGP application as soon as possible. If you were not lucky enough to receive an invitation do not give up and keep your confirmation number: last year not all the people who were selected in the first round submitted their applications and there was a second round announced in August 2017.

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2018 Parent and Grandparent Sponsorship Program Announced

28/12/2017

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The Minister of Immigration, Refugees and Citizenship gave those who want to sponsor their parents or grandparents an early holiday present by announcing that the sponsorship program will open for registration on 2 January 2018.

In 2017 Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a new “lottery” system to select applicants to fill its quota of 10,000 applications. In 2017 more than 95,000 people registered with IRCC. This year, the system will work in a similar manner and starting on Tuesday 2 January 2018, if you want to sponsor your parents or grandparents you can register your interest by submitting the “Interest to Sponsor” form online.

The 2018 registration process will have one important difference: the registration process will ask more questions to ensure you actually meet the key eligibility requirements before completing the registration process. So what are the eligibility requirements? In order to be eligible to sponsor your parent or grandparent you must meet the following minimum requirements:

18 years of age or older;
a Canadian citizen, Registered Indian or permanent resident;
sponsor your parent or grandparent;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person you are sponsoring for a period of 20 years;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities; and
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking.

The key requirement is the minimum necessary income you must show to support your sponsorship application. In order to meet this income requirement, you can combine your income and that of a co-signer for the past three years. The co-signer can be your spouse or common-law partner. The co-signer must also be eligible to sponsor and co-sign the undertaking of support for the period of 20 years.

The amount of income you must have depends on the size of your family and the number of people you are sponsoring. For example, if you are a family of three sponsoring both your mother and father, you (along with a potential co-signer) need to show income of at least $64,791 in 2014, $65,377 in 2015 and $66,654 in 2016 (the income figures for 2017 have not been announced yet). This amount varies based on the number of people in your family and those being sponsored. Your income over the three year period is verified based on proof of income from the Canada Revenue Agency.

There are a number of factors that prevent you from being able to sponsor such as if you are in receipt of social assistance (for any reason other than disability) or you are in default of a previous sponsorship undertaking, an immigration loan or family support payments. If you meet the eligibility requirements and are able to register your interest, here are some important tips to help you to sponsor your loved ones:

Review your tax filings and gather your Notice of Assessments for the last three years. If you have a co-signer, gather and review their documents as well. If your income (combined with your co-signer) is sufficient you can register online.
Consider that your co-signer has to agree to be part of your application until the permanent residence visa is issued for your parents or grandparents. If you believe that there is any reason why you may lose the support of your co-signer you should carefully consider whether you meet the eligibility requirements by yourself.
If you register yourself or use the services of an authorized representative (immigration lawyer or licenced immigration consultant) you should make sure to hold onto the registration code that is generated and check the email address you provide for the application process. There may be more than one selection round so you should keep your registration code safe to be able to check if there are subsequent rounds of selection.
If you are chosen to submit a sponsorship application you have a short period of time (likely 90 days) to submit your complete application including all original signed forms and supporting documents. Therefore you should be ready and able to compile the required documents for yourself and your parents very quickly.

And even if you sign up by yourself, make sure you do not lose your winning lottery ticket. IRCC is known to return applications that are missing a single signature or document. In order to be successful you have to submit a perfect sponsorship application either by yourself or with the assistance of an experienced lawyer. Good luck!

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Increase in Age of Dependent Children Allowed in Immigration Applications

10/11/2017

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Who qualifies as a “dependent child” in a Canadian immigration application? The answer to this important changed on October 24, 2017 when new regulations came into effect allowing certain young adult children to be included in their parents’ immigration application. The aim of these changes is to allow more families to remain together as a family unit and avoid breaking apart families with a view to making Canada a more attractive immigration destination.

Under the age definition of “dependent child”, an applicant for immigration can include his or her children who are below 22 years of age and are unmarried and not in a common-law relationship. In certain circumstances a child who is 22 years and older but has relied financially on his or her parents due to a physical or mental condition may also fit under the definition of dependent child.

Previous Definitions
This is a return to a similar maximum age that was in effect before August 2014. Prior to 1 August 2014, if your child was a young adult they could be considered a dependent child until the age of 22 years and in the case of children over 22 years old they could still be considered a dependent if they if they were full-time students since before turning 22 and were dependent financially on their parents. After 1 August 2014, the maximum age was set as “less than 19” and did not allow for any excpetions, other than with respect to children who were financially dependent on their parents due to a physical or mental health condition.

The latest changes take us back to a similar maximum age that was in effect prior to August 2014, with one important difference: a clear cut-off for the maximum age to be included as a dependent child. It was previously possible for a child to be over 22 years old but included in his or her parents’ immigration application as long as he or she could demonstrate that he or she was in full-time, continuous education. Assessing whether a child met this definition was not clear and was often a very time consuming process. The new definition clear: to be included in his or her parents’ immigration application he or she must be under 22 years of age (apart from a case where there is a documented physical or mental health condition as explained above).

What is the date at which age becomes “Locked-in”?
This is a very important question and will determine whether your child will meet the definition of dependent child or not. Generally, the locked-in age is determined at the time when a complete immigration application for permanent residence is received by Immigration, Refugees and Citizenship Canada (IRCC). In cases involving immigration through Quebec, the locked-in date is when the complete application is received by the Quebec immigration authorities. However, there are many immigration programs that are effectively a two step process and no complete application is submitted until later. For example, many provinces currently have an “Expression Of Interest” system in place where interested applicants submit preliminary applications and wait to be selected to proceed with their application. Similarly, under the “Express Entry” system, you first create a profile with all of your eligibility information and you cannot submit a complete immigration application until you receive an “Invitation To Apply” from IRCC. In these cases, it is important to note that even if your child is under 22 when you first start the process but they have become 22 years old before you submit your complete immigration application, they will not be locked in and generally will not be deemed to be a dependent.

Limited Time to Add Previously Excluded Young Adult Children to Your Immigration Application
I have been asked by applicants who have recently landed or who have application still under process about how this change in definition will affect their children who were 19, 20 or 21 at the time they submitted their immigration application. The answer will depend on exactly when you submitted your application and how old your child was at that time.

The good news is that for many children who were 19, 20 or 21 at the time their parents applied for immigration between August 1, 2014 and October 24, 2017, and who are unmarried and not in a common-law relationship, there may be an opportunity to either add your child back to your application or apply to sponsor your child. There is however a very limited period of time to act as you must inform IRCC about your dependent child before January 31, 2018.

Whether your application is still in process or you have landed in Canada based on an application between August 2014 and October 2017, the best course of action is to seek legal advice and find out what you can do for any dependent children that was not included in your application before the January 31, 2018 deadline.

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Love Without Borders: Spousal Sponsorship Applications – Part 2

24/9/2017

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Last week I explained who can sponsor their spouse, partner or dependent child and defined who qualifies a to be sponsored. But how does the process work? Where must an application be submitted?

In-land vs Out of Canada Sponsorship Application?
Out of Canada Sponsorship Application: you can generally apply to sponsor your spouse or partner who is living outside of Canada with a sponsorship application that is processed outside of Canada at the visa office that serves your spouse’s country of original or legal residence. This is referred to as an out of Canada or outland application. In these cases, once the application is submitted and passes the first level of processing we can apply for a visitor visa for the spouse to join you in Canada until the processing of your application is complete.

In-land Sponsorship Application: when you and the spouse you want to sponsor are both in Canada you will be able to submit an in-land sponsorship application. Your spouse or partner must be in Canada legally with you as a worker, student or visitor, it is possible to apply to sponsor him or her with an in-land application.

Often times the main difference between these two types of application was the processing time. In-land applications typically took longer to process. Because of this if your spouse is a student or visitor in Canada and you have submitted an in-land sponsorship application, you can apply for an open-work permit for your spouse to allow him or her to work while the sponsorship application is under process. The processing times of applications outside of Canada are determined by the visa office where they are processed. There are great discrepancies between processing times at different visa offices. In December 2016 the Liberal government made an announcement promising to reduce processing times in these types of application and to process in-land and out of Canada applications in a similar time frame.

The visa post that will process your spouse’s application outside of Canada is determined by your spouse’s country of origin or country of legal residence. For example, an Iranian citizen living in the Iran will be processed by Ankara visa office. However, an Iranian citizen studying in the UK with a valid visa can elect to have his or her application processed by the London visa office.

In all applications, after general eligibility is established, officers try to determine whether the relationship is genuine. The forms and required documents for proving your relationship have been updated (and continue to change on a regular basis). To have a successful application you must provide complete information and copious documents to demonstrate that your relationship is genuine. Officers are trained and have experience to recognize and understand national, local and religious customs and traditions. That is not to say that cases that do not follow cultural norms are not accepted, but they must be very well documented and presented in order to convince the officer that the relationship is genuine.

Complicated Cases
While many spousal sponsorship cases may be straightforward, things can be come complicated very quickly. Here are some examples of such cases where the advice of a knowledgeable lawyer can make a great difference to the outcome of your application:

Canada does not have a “fiancé visa” and if you are intended, engaged or betrothed to someone you will not be able to sponsor them until you are in a relationship defined in immigration law. However, your relationship does not have to be a marriage for you to qualify to sponsor if we can prove that your relationship falls under the definition of “common-law partnership” or “conjugal partner” (as explained in my article last week).
There are also some relationships that are recognized as legal in other countries but are not legal in Canada and are unacceptable for Canadian immigration purposes. For example, the age of marriage and the number of married partners. Specifically, polygamy is not recognized under Canadian law and as such a person cannot sponsor a second spouse while they are already married. Often times people may not even be aware of the problem until their application encounters problems. I have seen numerous tricky cases in this area where the laws of other countries allow a person to be remarried before his divorce to his first spouse is finalized. If such a person applies to sponsor his new wife, she will not qualify because he was not eligible to marry someone at the time that he married her.
As I previously explained, if you are a permanent resident and not yet a Citizen, you must be present in Canada when you apply to sponsor your spouse and dependent child(ren). Things can be complicated if you are a permanent resident and cannot leave your child abroad while you remain in Canada to submit a sponsorship application for your child. In these cases we work closely with the parents to find a solution which is based on the specific circumstances of the family.

Overall, as officers are highly alert to the possibility of fraud, submitting a complete application is critical to ensure success and to avoid unnecessary delays. Small errors in the application forms or translation of documents can cause delays and lack of evidence regarding to the genuineness of the relationship can lead to your application being refused. Seeking out an experienced lawyer to review your circumstances and advise you with regards to the laws and regulations can help overcome the obstacles in your way and assist you in becoming reunited with your loved ones sooner.

Excluded Family Members
In order for you to be able to apply for permanent residence for the person (or people) you are trying to sponsor, the principal applicant and any dependents must be assessed and must not be inadmissible to Canada. For example, if you are applying to sponsor your wife and dependent child, you must have previously declared them both in your own application for immigration and they must be both assessed in the new application. Next week I will be writing about the potential risk of having an inadmissible family member if full disclosure was not made in your previous application and the plight of excluded family members.

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Love Without Borders: Spousal Sponsorship Applications – Part 1

17/9/2017

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Love knows no boundaries and thankfully the Canadian immigration system allows eligible Canadian citizens and permanent residents to apply to be reunited with their eligible non-Canadian spouses and dependent children.

If you find yourself in this situation, you need to determine if you are “eligible” to sponsor and if the person you are trying to sponsor falls within the definition of “spouse” or “dependent child”.

Are you eligible to sponsor?
In order to be able to sponsor, you must be:

at least 18 years old
be a Canadian citizen, permanent resident or registered under the Canadian Indian Act
prove that you are not receiving social assistance (other than for reason of a disability)
and in the case one of the persons you are sponsoring is a grandchild of the principal applicant (dependent child of a dependent child), you must show that you have enough income to support that child

While both Canadian citizens and permanent residents are eligible to sponsor, the requirements are slightly different for the application based on the sponsor's legal status in Canada. If you are a permanent resident, you cannot sponsor someone while you are living outside Canada. You will need to return to Canada and live here and then submit an application to sponsor your spouse, partner or dependent child. This can be a little tricky in the case of small children that have to be sponsored by their mother and it is best to consult with a lawyer in this regard. If you are a Canadian citizen, you may begin your sponsorship application from outside of Canada but you will need to prove to the officer that you intend to return to Canada to live permanently once the application has been completed.

There are also important circumstances under which you cannot sponsor. For example you will not be eligible to sponsor if: you have failed to pay for an immigration loan or family support payments, you have failed to provide for basic needs of relatives you previously sponsored and who have received social assistance, you receive social assistance for a reason other than a disability, or you are under a removal order from Canada.

These rules and regulations are a reflection of the social values of Canada. For example in the interest of maintaining the integrity of the immigration system, there is a limitation that prevents applicants trying to use “marriage” and “relationships” as a means to obtain permanent residence in Canada. This means if you received permanent residence by being sponsored as a spouse or partner, you cannot sponsor a new spouse until 5 years has passed since your obtained permanent residence. Another policy concern is the safeguarding of vulnerable persons. Therefore, if a person is convicted of a violent or sexual offence, on an offence causing bodily harm to a relative, he or she may be prevented from sponsoring a spouse or partner.

Who can you sponsor?
You can sponsor a: Spouse, common-law partner, conjugal partner or dependent child.
Spouses: A spouse is someone that you are legally married to. A common-law partner is a person you have been living with in a conjugal relationship for at least one year. A conjugal partner is a person outside of Canada who has a binding relationship with the sponsor for at least one year but cannot live with the sponsor. In order to be eligible to be sponsored, your spouse or partner must be at least 18 years old and you must be able to prove that you have a genuine relationship.
Immigration officers will look carefully at the evidence of your relationship and they are trained to know the customs relevant to various cultural, national or religious practices in order to assess the genuineness of a relationship. In most instances where the relationship is genuine, officers can make a positive determination. However, instances that are unique and out of the ordinary, for example where the marriage is not the first marriage of either partner, or the couple have not met each other's family members or there is a significant age gap between the couple, the immigration officers will require more evidence to be convinced of the genuineness of the relationship.
The current checklist for these sponsorship applications is very detailed and a high percentage of applications are returned if there is even one missing form or signature. Therefore, it is important for you to compile a complete application or to find appropriate legal representation to assist you in this matter to reduce the probability of mistakes and help avoid any potential delays in your application.

Dependent Children: a child is deemed a “dependent” of his or her parent if he is either under 19 years of age and is not married, or over 19 years and is dependent on his or her parents due to a physical or mental condition. This definition of dependent is set to change in October and will include children up to 22 years old.

Your Financial Undertaking and Conditional Permanent Residence
When you sponsor your spouse, partner or dependent child you are required to provide an undertaking that you will support them financially and they will not use social assistance. For spouses and dependent children over 19 years, this undertaking is 3 years. For dependent children under 19, the undertaking is 10 years or until they turn 22 years old. If they use social assistance during this time period, you are liable to pay back these amounts to the government and you will be prevented from making any future sponsorship applications until any such debt is settled.

Finally, you should be aware that the permanent residence that your spouse or partner receives will no longer be conditional. Based on changes introduced by the Liberal government in April 2017, there is no longer a condition that the couple have to live together or have children together in order to obtain and maintain their permanent residence. Any applicants that landed in Canada with this condition should note that the condition no longer applies.

Changes in Eligibility, Definitions and Program Requirements
As the requirements and definitions related to these sponsorship applications is changing, you will benefit from analyzing your case carefully with a lawyer to ensure that you are qualified to sponsor and that your relative is eligible to be sponsored. Next week I will be writing about the differences between applying for sponsorship from inside or outside Canada and what are some of the interim options that you have while your sponsorship application is in process.

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Families First: The Goal of Family Reunification in Canada’s Immigration System

8/9/2017

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What is family reunification?
One of the important pillars of Canada’s immigration policy is the goal of “family reunification”, the attempt to keep families together and to reunite families who may be separated before and after immigration. Unfortunately, immigration often leads to the separation of family members and I am certain that every reader will know of at least one family that has been separated and faced the devastating negative impact of the separation on their health and ability to integrate into Canada. The goal of family reunification recognizes this challenge and is an attempt to reduce the negative impact by helping new immigrants, as well as long-established citizens, to be reunited with certain members of their family.

Family Class Immigration
The federal Family Class immigration program receives thousands of applications each year and consists of the following categories:

Sponsorship of spouses, partners or dependent children
Sponsorship of parents and grandparents
Sponsorship of adopted children
In exceptional circumstances, sponsorship of other relatives

There are also certain provincial programs that may allow someone living in that province to be able to support an application of a close relative to be able to come to Canada.

The definition of what counts as “family” in Canada’s family reunification program has become more restricted over the years. Missing from these categories is an opportunity to easily sponsor extended family members such as brothers, sisters, nieces, nephews, aunts and uncles. Nevertheless, these categories are still fairly generous and are processed relatively fast compared to family programs in other countries.

It is important to note that the goal of family reunification is balanced against other important policy interests such as preventing fraud and ensuring that the overall economic impact of family class immigration is positive. In the interest of preventing fraud, Canada has taken and continues to take steps to verify information and documents to prove genuineness of relationship and prevent misuse of the program. One such measure introduced by the previous Conservative government was to only grant conditional permanent residence for two years to sponsored spouses. This was intended to deter those who only wanted to marry a Canadian permanent resident or citizen to come to Canada and intended to leave their Canadian partner within a short time of receiving their permanent residence. The current Liberal government has eliminated this conditional residence but they have introduced more rigorous requirements for documentation to prove that a relationship is real before a permanent residence visa is issued.

Eligibility to Sponsor
If your relative qualifies under one of the four categories listed above, you may be able to sponsor them if you can show at a minimum that:

You are a Canadian citizen or permanent residence and are at least 18 years old
You are able to support your relative(s) financially when they arrive
You undertake that your relative(s) will not use social assistance from the government for 3 to 20 years (depending on the category)
And in some cases, you can show that your income is sufficient to support your immediate family as well as the person(s) you are sponsoring

There are additional requirements for each category as well. For example, to sponsor your husband or wife, you will need to show that you have not used social assistance and that your relationship is genuine. In the case of parents or grandparent sponsorship, you must demonstrate that you have sufficient income declared in your tax returns for the past three years to support yourself, your own family as well as your parent or parents that you are sponsoring. If you are sponsoring a dependent child, he or she must have been previously declared and examined when you immigrated to Canada in order to him or her to qualify as a family member that you can sponsor.

In each case you will benefit from analyzing your case carefully with a lawyer to ensure that you are qualified to sponsor and that your relative is eligible to be sponsored. In the coming weeks, I will be writing about these different categories and some of the important issues that you should be aware of when applying to sponsor relatives under each category.

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Authors: Zeynab Ziaie Zahra Ziaie

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Authors:
Zeynab Ziaie
Zahra Ziaie