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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 17:52, 28 June 2016
, 17:52, 28 June 2016→B. Family Class Applicants
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==== a) Eligibility Requirements ==== | ==== a) Eligibility Requirements ==== | ||
The sponsor must meet certain eligibility requirements. For example, the sponsor must be 18 years | The sponsor must meet certain eligibility requirements. For example, the sponsor must be 18 years old, must reside primarily in Canada, must not be bankrupt or receiving provincial welfare benefits, must not be in default of a previous immigration undertaking, etc. (see ss 130 - 137 of the ''IRP Regulations'' for the requirements). | ||
The requirement to reside in Canada only applies to permanent resident applications. Canadian citizen sponsors may reside outside of Canada when they submit the sponsorship, but must demonstrate their intention to return to Canada when the sponsored person becomes a permanent resident (see ''IRP Regulations'' 130(2)). | |||
In some circumstances, the sponsor must prove he or she earns a specific amount of money, depending on his or her family size and the city he or she is living in. The definition of “minimum necessary income” can be found in s.2 of the ''IRP Regulations''. This is also known as the “low-income cut-off” figure (“LICO”). Generally speaking, the LICO '''does not apply''' to sponsors who are just sponsoring their spouse or children (s 133(4)). | |||
=== 2. Family Members === | |||
Only certain family members are considered members of the family class under the IRPA and ''IRP Regulations''. Specifically, an eligible sponsor can '''only''' sponsor his or her: | |||
*a) spouse, common-law, conjugal or same-sex partner; | |||
*b) dependent child (see definition below), including a child adopted abroad (adoption is difficult); | |||
*c) child under 18 to be adopted in Canada; | |||
*d) parents or grandparents; | |||
*e) brother, sister, niece, nephew, or grandchild who is an orphaned child under 18 and is not a spouse or common-law partner; or | |||
*f) relative of any age if the sponsor does not have an aunt, uncle, or family member from the list above who he or she could sponsor or who is already a Canadian citizen, registered Indian, or permanent resident. This is known as the “lonely Canadian” provision. | |||
'''NOTE:''' There is a new requirement that sponsors meet an increased income level for sponsoring parents or grandparents. | |||
'''NOTE:''' A major issue that arises in many spousal sponsorship applications is whether the marriage is genuine. Under ''IRPA Regulation'', s 4, a foreign national will not be considered a spouse if the marriage is not genuine or was entered into for the purposes of acquiring any status or privilege under the Act. Applicants must prove that their marriage is valid, both in Canada, and in the country in which it took place (''IRPA Regulation'', s 2). While an arranged marriage is not inherently less credible, prior acquaintance to the marriage can pose some evidentiary challenges. | |||
=== 3. Procedure === | |||
To sponsor a family class member, a potential sponsor must fill out an application to sponsor, and the relative being sponsored must fill out an application for permanent residence. The sponsor must also provide a signed undertaking with the federal government that he or she will support the prospective immigrant and accompanying dependants, if necessary, for three years if the applicant is a spouse or conjugal/common-law partner, or ten years for most other categories of applicants (see ''IRP Regulations'', Part 7, Division 3). If an application for sponsorship under the Family Class is refused, the '''sponsor''' may (in most cases) appeal the refusal to the Immigration Appeal Division. | |||