Sponsorship of family classes allows families from different countries to come to Canada and live together. This program allows Canadian citizens and permanent residents to bring their children over from overseas and give them permanent residence status in Canada. A parent may sponsor an adopted or biological child to move to Canada with him or her. Navigate the Canadian immigration process with confidence through our comprehensive guide on sponsoring your child.
To sponsor your child, you must meet the following requirements:
- Minimum age requirement of 18 years
- Canadian citizenship, permanent residency, or registration under the Indian Act
- Financial ability to provide for the child’s basic needs
- Valid proof of relationship with the child
- No criminal record, imprisonment, serious charges, or bankruptcy
- No previous sponsorship defaults or ongoing immigration investigations
- Exemption from receiving income assistance, except for disability reasons.
To qualify for sponsorship, the child must be considered a dependent, which means they must meet the following criteria:
- The child must be the biological or adopted child of a Canadian citizen or permanent resident.
- The child should not be married or in a common-law relationship.
- The child must be under the age of 22.
A child over 22 may be considered a dependent if they meet the following criteria:
- Mental or physical disabilities prevent them from supporting themselves.
- It had been their parents’ responsibility to support them financially before they were 22 years old.
Children of permanent residents must remain unmarried during the processing period and can’t be in a common-law relationship. As well as divorce, widowhood, annulment, or separation from a common-law partnership. Dependent kids are also considered to be dependent on their parents.
Sponsoring your child – Parent-child relationship
It is possible for a parent to have dependent children who are either their biological child or an adopted child. The following kids can be considered “biological”:
- Children born to the parent submitting the application.
- Children who are not biologically related to the parent making the application. But they were born to the parent’s spouse, common-law partner, or conjugal partner at the time of the child’s birth.
- Children are born through the use of assisted human reproduction technologies.
The birth certificate or baptismal record can be used to prove a biological connection.
A parent-child relationship can be proven with the use of assisted reproductive technologies by documents such as birth certificates and legal proof that the person claiming to be the parent is the child’s biological mother at the time of birth or her spouse or common-law partner. As well as providing proof of assisted reproductive technology use, parents must also provide proof of their use of these technologies.
Even if the sponsor or their spouse or partner in the foreign country was the surrogate father, the child may be a “biological child” if there is also a genetic parent-child relationship.
Dependent children’s lock-in age
When the principal applicant’s entire permanent residence application is received, the dependent child’s age is fixed. Applicants for permanent residence are required to include these documents as part of their application, including evidence of payment of processing costs.
When a person turns 22 while the application is being processed, he or she is still considered a dependent child even if they are not married or in a common law relationship at the age of the “age lock-in.” As long as the individual is still single and does not live with someone else in common law arrangements at the time of their permanent residence confirmation, they are considered a dependent child even if they turn 22 during the application process.
Issues related to custody
Documentation proving the right to take the children out of the country in which they are currently living is required for those who wish to sponsor a kid who is subject to custody orders.
Parents and guardians must give written permission for their children to become permanent residents in Canada. If a parent or guardian refuses permission, a court order can be used instead.
In most cases, the applicant must prove that he or she has sole custody of the dependent and that the other parent or legal guardian does not have custody of the child. If the other parent or legal guardian does not consent to the child being removed from the foreign country, then the child must be returned to the foreign country.
The non-custodial parent must certify to IRCC that he or she does not object to the child’s application for permanent residence in Canada if the parents share custody of the child.
Sponsorships must comply with these specifications to ensure that both the custody order and international law are not violated. When deciding custody, Canada only considers the child’s best interests. Therefore, when deciding whether to process a dependent child sponsorship application if the other parent has not written confirmation of their lack of objection. An IRCC officer must weigh all relevant factors and use reasonable judgment.
