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=== 2. Family Members === | === 2. Family Members === | ||
The family class is the group of family members that can be sponsored to immigrate to Canada. Family members who are not included in IRP Regulation s. 117(1) cannot be sponsored. Below is a list of members of the family class: | |||
* | * Spouse, common-law partner or conjugal partner, | ||
* | * Dependent child, | ||
* | * Parents or grandparents, | ||
* Brother, sister, niece, nephew, or grandchild who is an orphaned child under 22 and is not a spouse or common-law partner, or | |||
* | * 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. | ||
* | A dependent child is defined as a child, both biological and adopted, of the sponsor or sponsor’s spouse who is below the age of 22. Exceptions can be made for children who are above the age of 22 but are substantially dependent on their parent due to a mental or physical condition (IRPA s. 1). | ||
When the sponsor is also applying for permanent residency as a Principal Applicant, the sponsor’s spouse, common-law partner, or conjugal partner, and the sponsor’s dependent children can be included on the sponsor’s permanent residency application. However, a Principal Applicant may be rendered inadmissible if the family members included on his or her application are inadmissible. | |||
:'''NOTE:''' A major issue that arises in many spousal sponsorship applications is whether the marriage is genuine. Under | '''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 IRP Regulations, 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 (IRP Regulations, 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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