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TORONTO CANADA
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Sponsorship Can Be Used To Legalize Status In Canada |
Author: George J. Kubes, B.A., LL.B.
On Feb. 18, 2005, the Minister of Citizenship and Immigration announced a
new public policy. Under this policy, a person being sponsored in the
Spouses and Common-Law Partners in Canada Class by a Canadian citizen
or permanent resident is no longer required to have legal residency
status in Canada. This is very good news for these persons, because it
means that spouses and common-law partners of Canadian citizens and
permanent residents, regardless of their status in Canada, are now
allowed to remain in Canada while their immigration application is
being considered.
This change applies to couples that are in a genuine relationship. It
addresses real concerns about the hardships that couples would
experience if they had to be separated during the application process,
since previously, the spouse or common-law partner who was in Canada
illegally had to leave Canada first and only then apply to be
sponsored by his or her spouse or common-law partner.
Incidentally, this change applies also to same-sex partners. Same-sex couples’ access
to civil marriage was extended throughout Canada on July 20, 2005,
under the Civil Marriage Act.
Canada Immigration recognizes the validity of civil marriages between a
foreign national and his or her Canadian citizen or permanent resident
same-sex partner, and therefore these persons can take advantage of the
policy as well.
Under the policy, if a person who is in Canada illegally happens to meet and
fall in love with a Canadian citizen or permanent resident of Canada of
the same or opposite sex, and the couple then either live together for
one year or get married, that person no longer needs to apply for
permanent residence on the basis of humanitarian and compassionate
grounds.
Because processing times under the new policy are shorter, the person may be
exempt from some of the financial and medical requirements, and the
chances of success are greatly enhanced. The sponsored person can alsoinclude other family members who are in Canada or in another country in
the application for permanent residence under the new policy.
Where a person has been working or studying in Canada without a permit for
several years, he or she can also apply to become a permanent resident
under the spouse or common-law partner in Canada class, as can persons who have overstayed their visitor visas. Even if the person is a failed
refugee claimant, and that person subsequently lives with a common-law
partner for one year, or if the person marries, that person can also
apply in this class and can obtain permanent residence of Canada
without having to leave Canada first.
Sponsorship has been an effective tool for many years, for Canadian citizens and
permanent residents of Canada, for bringing and sponsoring family
members from overseas to Canada.
Aside from the above sponsorship situation where spouses and common-law
partners can sponsor their partners, Canadian citizens and permanent
residents living in Canada who are 18 years of age or older may sponsor
other close relatives or family members who want to become permanent
residents of Canada. Sponsors must promise to support the relative or
family member and his or her accompanying family members for a period
of three to ten years to help them settle in Canada. Sponsoring family
members other than spouses and common-law partners already living in
Canada, however, is done through one of the Canadian visa posts
overseas.
A Canadian citizen or permanent resident of Canada can sponsor relatives
or family members (in addition to the above described Class) from
abroad if they are his or her:
- spouse, common-law or conjugal partner 16 years of age or older
- parents or grandparents
- dependent children, including adopted children
- children under 18 years of age whom the person intends to adopt
- brothers,
sisters, nephews, nieces or grandchildren who are orphans, under the
age of 18 and not married or in a common-law relationship
- relative
of any age if the person does not have an aunt, uncle or family member
from the list above who could be sponsored or who is already a Canadian
citizen, Indian or permanent resident
The definitions are important here, since a son or daughter are only deemed “dependent” when the child:
- is under the age of 22 and does not have a spouse or common-law partner
- is a full-time student and is substantially dependent on a parent for
financial support since before the age of 22, or since becoming a
spouse or common-law partner (if this happened before age 22)
- is financially dependent on a parent since before the age of 22 because of a disability
A sponsor in any of the above-listed category of relatives or family
members, may have to meet certain income requirements. If that person
has previously sponsored relatives or family members who have received
social assistance following sponsorship, that person may not be allowed
to sponsor another person. If the sponsor lives in any province in
Canada except Quebec and wishes to sponsor a relative or family member,
the person must sign an undertaking with the Minister of Citizenship
and Immigration, as well as a sponsorship agreement with his or her
relative or family member that outlines their mutual commitments. To
adopt a child from another country, the sponsor must go through both
the adoption process and the sponsorship process.
Once the Immigration Department is in the process of deciding the
sponsorship, it may require an interview or additional information and
documentation before it can make a decision in the application process.
If an interview is needed, the department will notify the persons
involved in writing in advance of the date, time and location of the
interview as well as of the documents that must be brought to the
interview.
At the interview, the officer may ask about the relationship between the
sponsor and the person being sponsored, their reasons for emigrating,
and about the family connections to establish not only that there is a
family relationship but also that the relationship in the case of
spouses and common-law partners is genuine and continuing. The persons
may also be questioned to determine their ability to settle
successfully in Canada.
In cases where the sponsored person is already in Canada while the
applications are in process, as a general practice, Canada Immigration
will advise these persons in writing when they are eligible to apply
for a work or study permit. However, if they already hold a work or
study permit and want to maintain their status as temporary residents,
they may apply to extend their permits.
If the sponsored persons meet all requirements, they and their dependent
children will receive permanent resident status in Canada. If persons
have dependent children outside of Canada whom they intend to have join
them in Canada, they will be issued a visa that will allow them to
enter Canada. Once they arrive at a Canadian port of entry, they will
also receive permanent resident status. The sponsored person and his or
her dependent children will then have the right to live, study and work
in Canada for as long as they remain permanent residents, and will be
entitled to most social benefits accorded to Canadian citizens. They
may then apply for Canadian citizenship three years after becoming
permanent residents.
While permanent residents, these persons will have the same legal obligations
as citizens, such as paying taxes and respecting other laws. There are
some limitations on permanent residents, such as the fact that they
cannot vote in certain elections, that they may be ineligible for
certain jobs requiring high-level security clearances, and if they or
their dependent children commit a serious crime, they risk being
deported from Canada.
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