Family Class

One of the most important components and objectives of the Canadian immigration system and policy is unification of families, as specified in section 3 of the Immigration and Refugee Protection Act (Canada’s immigration laws). This is achieved by family class sponsorships which allow a Canadian citizen or permanent resident to sponsor some of his/her immediate family members. Under this category, you can sponsor your spouse, parents, grandparents, their dependent children, and/or orphaned brothers and sisters under 18.

The most common misunderstanding in this area is with respect to the sponsorship of brothers and sisters. It should be noted that brothers and sisters can only be sponsored if: (1) they are part of their parents’ applications as dependent children who meet the regulatory definition; or (2) they are minor orphaned children. The rules applicable to such circumstances are complicated and subject to regulatory changes as determined by the responsible Minister or as determined, from time to time, by the Federal Court rulings.

Potential applicants must note that the processing time with respect to sponsorships of spouses is significantly shorter than the processing time for sponsorship of parents. In our experience, spousal sponsorship applications submitted through our office typically take an average of 3 to 4 months, while those for parents are considerably longer.

Prior to February 18, 2005, the ability of a Canadian citizen or landed immigrant to sponsor his/her spouse from within Canada was rather restricted. The situation changed considerably with the Ministerial announcement of policy change on February 18, 2005. Thus, it is now possible to sponsor one’s spouse from inside Canada even if the spouse has no status in Canada. Many sponsorships under this category (in-Canada) encounter delays due to inappropriate advice and/or complications regarding the reasons for sponsored person’s lack of status. The Ministerial change of policy was later followed with a detailed policy announcement from CIC which sets out and explains these reasons. Our firm can help you understand the prerequisite requirements, thereby preventing such delays.

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To obtain further information or to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473.