Marriage and Family Visa
Permanent residents living in Canada and Canadian citizens that have reached the age of 18 may sponsor close relatives and family members who want to become permanent residents of Canada. A sponsor undertakes to support the relative or family member and their accompanying family members, if applicable, for a period of 3-10 years. It should be noted that the province of Quebec has its own regulations regarding the sponsoring of family members-please refer to: www.immigration-quebec.gouv.qc.ca
i. Spouse/Common-Law or Conjugal Partner
A spouse, common law spouse or conjugal partner may obtain a permanent resident visa provided that the individual is more than 16 years of age.
A person is classified as a spouse if he/she is married to the sponsor and the marriage is legally valid. It is possible to sponsor one’s same-sex partner as a spouse if the sponsor is a Canadian citizen or permanent resident and was issued a marriage certificate by a Canadian province or territory after the date specified in the legislation regarding that particular province or territory. In the event that the sponsor was married outside of Canada then it is not possible to sponsor one’s same-sex partner as a spouse. However, it is possible for a Canadian citizen or permanent resident to apply to sponsor his/her partner as a common-law or a conjugal partner.
A common-law partner-either of the opposite sex or same sex- is considered someone that the sponsor has lived with in a conjugal relationship for a continuous 12 month period. The onus of proof is on the sponsor and his/her spouse to prove their relationship by providing documentation that proves they have combined affairs and have set up a household together in one home.
A conjugal partner category is for partners – either of the same sex or the opposite sex- that have experienced exceptional circumstances that are beyond their control that prevent them from qualifying as common-law partners or spouses. A conjugal relationship is a mutually dependent relationship of a duration of one year or more that has some permanence and the same level of commitment as a marriage or a common-law union.
ii. Family Migration
A Canadian citizen or permanent resident 18 years or older is able to sponsor the following family members from abroad if that relative is his/her:
(a) Parent or grandparent.
(b) Dependent child including adopted child. A dependent child is a child under the age of 22 that does not have a spouse or common-law partner; or a child who is a full-time student and is substantially dependent his/her parents for financial support since before the age of 22; or a child that is dependent on a parent since before the age of 22 because of a disability.
(c) Children under the age of 18 that one intends to adopt.
(d) Brother, sister, nephew, niece or grandchild who is an orphan; under the age of 18 and is not married or in a common-law relationship.
(e) A relative of any age if one does not have an aunt, uncle or family member from the list above who could sponsor or who is already a Canadian citizen, Indian or permanent resident.
Sponsoring any of the abovementioned family members requires the sponsor to meet certain income requirements.
Kangaroo Migration Services is an experienced immigration firm dealing with immigration and citizenship matters to Canada for many years.
Please feel free to contact us if you require assistance