Difference between revisions of "Permanent Residence Application Process (18:V)"

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== D. Family Class Applicants ==
== D. Family Class Applicants ==


Foreign nationals can be “sponsored” under the Family Class by a Canadian citizen or permanent resident. Please see the IRP Regulations, Part 7.
Certain foreign nationals can be “sponsored” under the Family Class by a Canadian citizen or permanent resident. Please see the IRP Regulations, Part 7.


:'''NOTE''': 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. An individual generally cannot sponsor a family member if they failed to declare that family member in their application for permanent residence. However, a pilot project has been launched from September 9, 2019 to September 9, 2021 and subsequently extended to September 9, 2023 which will allow certain newcomers who failed to declare their family members to sponsor undeclared immediate family members. Consult the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excluded-2021.html IRCC website] for the latest details on this pilot project, which presently applies only to individuals who became permanent residents under the Convention refugee and Family Classes and who are applying to sponsor undeclared family members.   
:'''NOTE''': 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. An individual generally cannot sponsor a family member if they failed to declare that family member in their application for permanent residence. However, a pilot project has been launched from September 9, 2019 to September 9, 2021 and subsequently extended to September 9, 2023 which will allow certain newcomers who failed to declare their family members to sponsor undeclared immediate family members. Consult the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excluded-2021.html IRCC website] for the latest details on this pilot project, which presently applies only to individuals who became permanent residents under the Convention refugee and Family Classes and who are applying to sponsor undeclared family members.   
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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 are included on the sponsor’s permanent residency application as accompanying or non-accompanying family members.  However, a Principal Applicant may be rendered inadmissible if the family members included on his or her application are inadmissible.
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 are included on the sponsor’s permanent residency application as accompanying or non-accompanying family members.  However, a Principal Applicant may be rendered inadmissible if the family members included on his or her application are inadmissible.
:'''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 primarily 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.
:'''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 primarily 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.
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