Spousal And Common-law Partner Visa

Staying in beautiful country of Canada with their loved ones is a dream come true for every Canadian citizen, whether they are original Canadians or immigrants from other foreign nationalities is beside the point. This separation, is however, generally faced by immigrants who have migrated to Canada in search for better work opportunities and culture. This results in separation from loved ones as immigrants prefer to first come and settle in the country before calling on their dependents and loved ones.

Many times even Canadian citizens have relatives outside the country that they wish to bring in for permanent settlement. Keeping this separation in mind, Government of Canada offers myriad of ways to reunite the separated family by the way of Family Class Sponsorship program.

The Family Class Sponsorship Program are those programs followed in many countries that tries to build bridge between torn families by allowing loved ones of the Canadian immigrants to migrate to Canada. The aim of Canadian Government is to keep all the families together gets fulfilled through this sponsorship program.

Under this program of Family Class Sponsorship, there are numerous relationships that can get nominated for the sponsor namely, Spouses, common law partners, grandparents, parents, dependent children and some other relations mentioned under Provincial Family Class Sponsorship programs. There is a visa called Super Visa which is also available for the parents and grandparents.

The main objective of Family class immigration is to bring close family members and loved ones under one country and for this very reason applications processed under Family class sponsorship is give highest priority by the Government of Canada.

In most scenarios immigrants moving to Canada on temporary basis or after garnering permanent resident visa, have full right to bring in the dependents to Canada, especially any and all children who are under the age of 18 or are still dependent on the immigrant for their daily life routine.

Although they are allowed after fulfilling certain requirement, at times circumstances arises wherein the dependent children are not able to follow the immigrant to Canada. For these individuals and those Canadian citizens who have their loved ones outside of the country, Canadian Government has come up with special program that accords a way to these children to come to Canada. The program is called Dependent Child Sponsorship program.

Dependent Child Sponsorship Program

Under this program dependent children, whether adopted or by birth, both can be sponsored to stay in Canada on permanent basis with their parents with the status of Permanent Residents of Canada. This Child Sponsorship is a section of Family Class of Canada Immigration.

To receive approval for this sponsorship and to garner visa, the sponsor, that is the Canadian citizen or the immigrant both, along with the sponsored individual, as in the dependent child, have to be declared eligible by IRCC (Immigration, Refugees and Citizenship Canada) by fulfilling certain requirements.

First and foremost, step is to prove the relationship between the sponsor and the sponsored child in order to gain the eligibility status for this visa. Sponsors who have adopted child as their dependent child can fill up the application under this program as soon as the adoption process and papers comes to the final stages. It is imperative for both the parties to be well acquainted with the requirements needed to be met by both in order to gain visa under Dependent Child Sponsorship.

Specific Requirement for Sponsor under Dependent Child Sponsorship are:
  • The sponsor of the dependent child should be either 18 years of age or over it.
  • The sponsor needs to be either the permanent resident of Canada, living in the same country or a born Canadian citizen.
  • The sponsor should not be falling under any of the following circumstances:
    • In Prison.
    • Under the order for removal, in case of immigrant.
    • Bankrupt.
    • Accused of any kind of offence or illegal activity.
Specific Requirements for the sponsored, as in Dependent Child:
  • In order to be eligible for the Dependent Child Sponsorship, the sponsored child needs to fall under any of the following situation:
    • The sponsored should be below the age of 19 and should not be legally married or have a partner of common law.
    • Has been considered a full time student before reaching the age of 19 and for that long period has been dependent on their parents financially.
    • In case the sponsored child is of 19 years of age or more then following requirements should be met.
      • Became either spouse or partner before reaching the age of 19.
      • Is considered a student on full time basis before reaching the age of 19.
      • Is dependent on the financial support of the parent since they became either a partner or a spouse.
    • The sponsored child is of 19 years of age while being financially dependent on their parents before reaching the age of 19 and is unable to provide for themselves financially due to medical or physical condition.

Specific Requirements for nature of relationship between Sponsor and Sponsored:

  • The Sponsored Person that is the Dependent Child must fall in either of the condition below:
    • The child should be the biological son or daughter of the immigrant or the Canadian citizen, in the situation wherein the child has not been adopted by the better half or partner of the sponsor.
    • Should be legally adopted by the parents.

General Requirements for the Sponsor

Apart from the specific requirements mentioned for the sponsor above there are certain general requirements that is imperative for the sponsor to meet under Family Class Immigration Sponsorship program.

The prospective applicants are subjected to fulfil following requirements to become an eligible sponsor:

  • The applicant should be financially ready to support the immigrants and dependent migrating through this program with basic essentials at least like food, clothing and other day to day requirements. They should also be able to provide health requirements that are generally covered for Canadian citizens and permanent residents like eye and dental care.
  • They should be in agreement with the Government of Canada or Quebec covering the following details:
    • Essential needs required by the sponsored immigrant and dependent for the whole time they have been allowed to stay in the country.
    • In the case wherein the immigrant or dependent are either 19 or over it and not an elderly person, then the sponsor needs to assure the Government that while supporting the sponsored immigrant will try their level best to become independent and support themselves on their own.
Scenario After Gaining Dependent Child Sponsorship

Once the dependent children garner the sponsorship visa, they gain Permanent Resident status of Canada and can subsequently study and work in Canada if they wish to do so.

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