Do you want to sponsor your family to join you in Canada?
You may be able to sponsor your family members who are outside Canada to come and live here as permanent residents if you are:
- a Canadian citizen,
- a permanent resident, or
- registered under the Indian Act.
You must also be 18 years or older.
There is a fee to apply. And there are “income guidelines” which say how much money a sponsor must earn. But, in most cases, the guidelines do not apply if you are sponsoring a spouse, partner, or child.
You must also meet other conditions and give all the information that the sponsorship application asks for. Some settlement agencies and legal clinics may be able to help you with this.
If you make a mistake in an application, it can be difficult to correct.
Who can I sponsor?
You can sponsor your spouse. This is the person you are legally married to. Your spouse can be the same sex as you or the opposite sex.
In many cases, you can sponsor your common-law partner. Your partner can be the same sex as you or the opposite sex. This is a person you have lived with for at least one year and have a “marriage-like relationship” with. There are many different ways to show that a relationship is marriage-like. For example, you may have a child together or you may have a shared bank account or assets. Get legal advice.
You may be able to sponsor your parents or grandparents. You first have to complete and send the government what is called an “interest to sponsor form”. Then from all of the people who send in the form, the government invites a limited number of people to apply.
If you are not able to sponsor your parents or grandparents, they might be able to apply for a Super Visa to come to Canada as visitors. The Super Visa is good for up to 10 years. It lets parents and grandparents stay for up to 5 years each time they visit. It does not allow them to become permanent residents.
You can sponsor your children who are under 22 years old if they are not married or living with a partner. If they are 22 years or older, you can sponsor them if they are not able to support themselves financially because of a physical or mental condition. But you can do this only if you have supported them since before age 22.
Get legal advice if your children do not meet these conditions, or if you want to sponsor someone else or someone who is already in Canada. Also get legal advice if you do not earn as much money as the income guidelines say you should.
If you have a spouse, partner, or child at the time you become a permanent resident, you must tell immigration authorities by including them in your application forms. If you do not, you may not be able to sponsor them later unless you qualify for an exception to the rules. You could also have problems with your own status in Canada. Get legal advice.
What happens after the people I sponsor arrive in Canada?
For some years after they arrive, you must support them by making sure they have things such as housing, clothes, and food, or the money to pay for these things. This is called a sponsorship undertaking.
As a sponsor, you must support your parents or grandparents for 20 years. For a spouse or partner it is 3 years. For children it is between 3 and 10 years, depending on the age of your child. Under Canadian family law, after a sponsorship ends, you may still be responsible for financial support of your partner or child.
What if I do not support the people I sponsored?
Ces personnes pourraient demander un soutien financier au programme Ontario au travail (OT), ou elles pourraient demander des prestations d’invalidité de l’Ontario. Si ces personnes obtiennent des prestations d’OT ou des prestations d’invalidité pendant les années où vous êtes censé(e) subvenir à leurs besoins à titre de répondant(e), le gouvernement pourra vous obliger à lui remettre cet argent. En pareil cas, vous ne pourrez parrainer d’autres personnes avant d’avoir remboursé le montant en question.
What if the application is refused?
The decision to refuse the application will be sent to you in writing. Get legal advice right away. You may be able to appeal to the Immigration and Refugee Board. You have 30 days from the date you get the written decision to file your appeal.
There may also be other ways for your family to immigrate to Canada. This resource gives only general information. You should get legal advice about your own situation.
How to get help
211 Ontario is an information and referral hotline that gives help in many languages. They take calls 24 hours a day, 7 days a week.
They can tell you:
- where to get legal help, and
- how to contact a settlement agency or community agency for other kinds of help.
To contact 211 Ontario:
Phone: 211
TTY: 1-888-340-1001
211ontario.ca
You could also try contacting a local library or a community legal clinic.
To find the legal clinic that serves your area, you can contact Legal Aid Ontario (LAO) at:
Toll-free: 1-800-668-8258
Bell Relay: 1-800-855-0511
legalaid.on.ca