Guide 3999 – Sponsoring Your Family Before You Apply
Before you apply
Permanent residence under the Family Class
Sponsoring your family
Citizenship and Immigration Canada (CIC) knows it is important to help families who come from other countries to reunite in Canada. If you are a Canadian citizen or a permanent resident of Canada, you can sponsor your spouse, common-law partner, conjugal partner, dependent child (including adopted child) to become a permanent resident.
Information on Conditional Permanent Residence
As of October 25, 2012, CIC introduced amendments to the Immigration and Refugee Protection Regulations. The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident. The conditional measure only applies to permanent residents whose applications are received on October 25, 2012, or after the day that the amendments come into force.
Examples
Condition applies if the couple:
- is married for two years or less; or
- dated for four years, but is married for two years or less; or
- have been in a conjugal relationship for two years or less; or
- has cohabited in a common-law relationship for two years or less; and
- Do not have any children in common
Condition does not apply if the couple:
- is married for more than two years; or
- have been in a conjugal relationship for more than two years; or
- has cohabited in a common-law relationship for more than two years; or
- Have children in common.
For more information, consult the Frequently Asked Questions.
Who may use this application
The enclosed instructions and forms are sent to the principal applicant (you) by the sponsor (a Canadian citizen or permanent resident) who wishes to support the application for immigration to Canada of a person (you) as a member of the family class.
The sponsor agrees to sign a contract (the sponsorship undertaking) by which he or she promises to provide, for a specific number of years, coverage of your basic requirements and those of your dependants, such as:
- food
- clothing
- utilities
- personal requirements
- shelter
- fuel
- household supplies
- dental care
- eye care, and
- other health care not provided by public health
It is important that you familiarize yourself with the contents of this guide before you complete the forms and return them to your sponsor. Your sponsor cannot submit the sponsorship forms until he or she receives your application.
About the Family Class
The family class includes, among others, persons who are the sponsor’s
- spouse
- common-law partner
- conjugal partner
- dependant son or daughter (see family members)
Note: You cannot be sponsored as a spouse, common-law partner or conjugal partner if the sponsor gave a previous sponsorship undertaking in favour of a spouse, common-law partner or conjugal partner and three years have not passed since that spouse, common-law partner or conjugal partner became a permanent resident of Canada.
Who should be included in this application?
If you are being sponsored as a member of the family class, your spouse or common-law partner (except where your spouse or common-law partner is the sponsor) must be included in your application as a family member. You must also include all your dependent children from your current and previous relationships, whether they will be going with you to Canada (accompanying family members) or not (non-accompanying family members).
All your family members, whether accompanying you or not, must be declared on your application and be examined. If family members are not examined, it is generally not possible to sponsor them at a later date. This includes children in the custody of a former spouse or common-law partner.
In addition, failure to declare family members on your application and have them examined goes against your duty to provide truthful and accurate information, and may cause you to be found inadmissible to Canada.
Note: The visa office will not issue permanent resident visas to family members whom you identify as not accompanying you to Canada.
Family members
Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children.
- Spouse
- Refers to either of the two persons (opposite or same sex) in a marriage legally recognized in the country in which it took place, as well as in Canada.
- Common-law partner
- Refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.This can be shown with evidence that the couple share the same home, support each other financially and emotionally, have children together, or present themselves in public as a couple.Common-law partners who have been in a conjugal relationship for at least one year but are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application.
- Dependent children
- Refers to the children of the applicant and those of the spouse or common-law partner, if applicable.They must be:
- under the age of 19 and not have a spouse or common-law partner, or
- 19 years of age or older and unable to be financially self-sufficient since before the age of 19 due to a physical or mental condition.
- Dependent child of a dependent child
- Refers to children of dependent children of the applicant and those of the spouse or common-law partner, if applicable.
