Family sponsorship is a pathway to permanent residence for foreign family members.
Who can sponsor?
Generally speaking, a Canadian citizen, permanent resident, or registered Indian can sponsor a family member.
Additionally, a sponsor must:
Be 18 or older,
live in or plan to return to Canada when the family member becomes a permanent resident,
Have enough income, if applicable,
Promise to provide financial support to the family member for a number of years, also known as an undertaking.
Who can be sponsored?
For sponsorship purposes, a family member means:
Spouse, common-law partner, or conjugal partner,
Dependent child and step-child,
Parent or grandparent and their dependent child,
Orphaned brother, sister, nephew, niece, or grandchild,
Further, the application is also different depending on who is being sponsored. This means you need to use specific forms.
Spouse or partner and LGBT family sponsorship
First of all, the spouse or partner must be at least 18 years old.
For spouse sponsorship, they must be legally married.
If they can’t marry each other, they may either register the marriage somewhere else or choose common-law or conjugal partner sponsorship.
To qualify as a common-law partner, they must have been living together for at least 12 months in a row, without any long periods apart.
Further, a conjugal partner has a strong degree of attachment with the sponsor, but they cannot live together due to persecution or punitive restrictions.
The spouse or partner can be of the same sex as the sponsor. In fact, it is common for LGBT to get permanent residence through sponsorship.
A dependent child must be younger than 22 years of age. Further, they must not have a spouse or partner.
The child’s age gets locked in when IRCC receives the application.
Further, a child who is 22 years of age or older can be sponsored if they are not financially independent due to a mental or physical condition.
You can sponsor your own child and the child of your spouse or partner.
Who is subject to the income requirement?
The income requirement does not apply to sponsorship for a spouse, partner, or dependent child.
However, if the dependent child has their own child, the sponsor must meet the income requirement.
All other types of sponsorship require that the sponsor has a certain income.
How much income does a sponsor need?
First of all, the amount of income depends on the size of the sponsor's family that includes the sponsor and the sponsored family member.
Secondly, the types of sponsorship also affect the income requirements.
We can also help you to determine whether you have sufficient income.
What is an undertaking?
Firstly, an undertaking is a promise that the sponsor will provide financial support to the sponsored family member for a number of years.
All sponsorship applications require an undertaking, regardless of whether the sponsor is exempt from the income requirements.
Secondly, the length of an undertaking depending on the type of sponsorship:
3 years for a spouse, or partner,
10 years, or until age 25, whichever comes first, for a depending child,
3 years for a dependent child 22 years of age or older,
20 years for a parent or grandparent,
10 years for other relative.
Thirdly, the sponsor’s spouse or partner can co-sign the undertaking. However, if the spouse or partner is being sponsored, they cannot be the co-signer.
Last but not least, the undertaking takes effect when the sponsored family member becomes a permanent resident.
About the sponsorship Process
The process involves both the sponsor and the family member.
Firstly, the process determines if the sponsor is eligible.
Secondly, it examines the family member’s permanent residence application if the sponsor is eligible.
Good faith relationship and LGBT family sponsorship
The base of sponsorship is a good faith relationship. This is particularly important for the spouse or partner sponsorship.
Therefore, if a relationship is in bad faith, the application will be rejected.
For the spouse or partner sponsorship, a bad faith relationship means a relationship:
Proving a genuine relationship can be challenging. However, we can help you with this issue.
The benefit of LGBT family sponsorship for an HIV-positive spouse or partner
First of all, health can be a ground for inadmissibility. This means people who have certain medical issues cannot immigrate to Canada.
Generally speaking, an HIV diagnosis is one of the medical issues.
However, this rule does not apply to sponsorship for an HIV-positive spouse, partner, dependent children, and other members of the family class.
If this is your case, we can also help you with your application.
What do I do when my LGBT family sponsorship is refused?
When you receive a negative sponsorship decision, the first thing is to examine the reasons.
Sometimes, you may be able to re-submit your application if you can fix the issue. However, if it is not practical, you may appeal it to the Immigration and Refugee Board.
To learn more, please visit our Sponsorship Appeal Service Page.
What we can do for your LGBT family sponsorship
Firstly, we help LGBT immigrate to Canada, and create a safe and friendly place for people with immigration needs.
Then, we personalize our services for you, which may include any of the following:
help you to determine your eligibility,
If you are not currently eligible, we help you to meet the eligibility,
Identify potential inadmissibility issues and properly address them before you apply,
Assist you in collecting or preserving the supporting documents,
Conduct legal research,
Provide other advice and instructions as needed that could be critical to a successful application, and
Complete, prepare, organize, and submit your application on your behalf.
Book an appointment today or contact us directly.