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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 20:10, 28 October 2016
, 20:10, 28 October 2016→B. Family Class Applicants
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Foreign nationals can be “sponsored” under the Family Class by a Canadian citizen or permanent resident. See the ''IRP Regulations'', Part 7. | Foreign nationals can be “sponsored” under the Family Class by a Canadian citizen or permanent resident. See the ''IRP Regulations'', Part 7. | ||
'''NOTE:''' Sponsored foreign nationals '''must''' declare any of their non-accompanying family members (i.e. dependent children, spouses, and parents) in their initial application if they wish, at some point, to sponsor these individuals themselves. Under ''IRP Regulation'' 117(9)(d), if a foreign national fails to declare a non-accompanying family member in their application for permanent residence, '''that family member cannot EVER be sponsored by the foreign national (except in rare circumstances)'''. | :'''NOTE:''' Sponsored foreign nationals '''must''' declare any of their non-accompanying family members (i.e. dependent children, spouses, and parents) in their initial application if they wish, at some point, to sponsor these individuals themselves. Under ''IRP Regulation'' 117(9)(d), if a foreign national fails to declare a non-accompanying family member in their application for permanent residence, '''that family member cannot EVER be sponsored by the foreign national (except in rare circumstances)'''. | ||
=== 1. Sponsors === | === 1. Sponsors === | ||
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*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. | *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:''' 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. | :'''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 === | === 3. Procedure === | ||
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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. | 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. | ||
In response to the 2011 two-year-pause on the sponsorship of parents and grandparents, a parent and grandparent “supervisa” was introduced. The supervisa is a category of temporary resident status that allows for the foreign national to remain in Canada continuously for 24 months, rather than the default 6 months, and can also facilitate the issuance of a multiple entry TRV for up to ten years. The parent or grandparent must not reside in Canada for more than 24 months at a time. To apply for a parent and grandparent supervisa, additional documentation such as a letter of invitation from the child, evidence of the parent or grandparent relationship and proof of private medical insurance from a Canadian insurance company are required. For more information, see http://www.cic.gc.ca/english/visit/supervisa-how.asp. | In response to the 2011 two-year-pause on the sponsorship of parents and grandparents, a parent and grandparent “supervisa” was introduced. The supervisa is a category of temporary resident status that allows for the foreign national to remain in Canada continuously for 24 months, rather than the default 6 months, and can also facilitate the issuance of a multiple entry TRV for up to ten years. The parent or grandparent must not reside in Canada for more than 24 months at a time. To apply for a parent and grandparent supervisa, additional documentation such as a letter of invitation from the child, evidence of the parent or grandparent relationship and proof of private medical insurance from a Canadian insurance company are required. For more information, see http://www.cic.gc.ca/english/visit/supervisa-how.asp. | ||
== C. “In Canada” Spouses, Common-law Partners, and their dependents (Spouse or Common-Law Partner in Canada Class) == | == C. “In Canada” Spouses, Common-law Partners, and their dependents (Spouse or Common-Law Partner in Canada Class) == | ||