The Definition of Family Member for Canadian Sponsorship

Kambiz, an Iranian-Canadian living in Toronto, recently visited his frail grandmother in Abyaneh, Iran. Her health had declined, and he felt worried. Therefore, he wanted to bring her to Canada, where she could receive better care. He wondered if he could sponsor her as a family member. Moreover, Kambiz knew Canadian sponsorship rules could be strict. Nonetheless, he felt determined to explore every option. He believed understanding who qualifies as a family member was his first step. Furthermore, he hoped the rules would allow him to reunite with his beloved grandmother in Canada.

Family Sponsorship in Canadian Immigration

The first step in defining family members under the immigration law is understanding their immigration options. You could immigrate to Canada as a family member under two major options:

1. As an accompanying family member of the principal applicant in an immigration application.
2. Being sponsored by a Canadian citizen or a permanent resident: We call this option family reunification or family sponsorship.

This article focuses on family sponsorship/reunification only.

Why family reunification?

Canada’s immigration policy prioritizes family reunification. The Immigration and Refugee Protection Act (IRPA) Section 3(1)(d) clearly states that one of its primary objectives is “to see that families are reunited in Canada.” This objective reflects Canada’s commitment to helping immigrants maintain strong family connections, which is vital for social stability and successful integration into Canadian society.

Options to become a permanent resident in Canada

Under Canadian immigration law, several pathways exist for bringing loved ones to Canada. The IRPA Section 12(1) establishes the legal basis for family sponsorship. This section allows a foreign national to be selected as a family class member based on their relationship as a spouse, common-law partner, child, parent, or other prescribed family member of a Canadian citizen or permanent resident.

However, if individuals do not qualify under the family reunification pathway, other immigration options are available. For example, IRPA Section 12(2) outlines the economic immigration category. This pathway selects foreign nationals based on their potential to establish themselves economically in Canada, focusing on skills and financial contributions.

Furthermore, IRPA Section 12(3) addresses the selection of refugees. Canada, known for its strong humanitarian values, allows the choice of foreign nationals inside or outside Canada as Convention refugees or persons needing protection. This provision underscores Canada’s longstanding tradition of offering refuge to the displaced and persecuted.

Who Qualifies as a Family Member for Sponsorship?

Understanding who qualifies as a family member for sponsorship is crucial. The Immigration and Refugee Protection Regulations (IRPR) Sections 116 and 117(1) provide detailed guidelines on who is eligible. However, the legal language can be confusing, so let’s break it down into simple terms.

According to IRPR, the following individuals qualify as family members for sponsorship:

• Spouse, Common-Law Partner, or Conjugal Partner: The sponsor’s legal partner, whether married or in a long-term relationship.
• Dependent Child: A child who relies on the sponsor for financial support, typically under 22 years of age.
• Parent: The sponsor’s biological or adoptive mother or father.
• Grandparent: The mother or father of the sponsor’s parents, meaning the sponsor’s grandmother or grandfather.
• Orphaned Close Relative: A relative under 18 years old whose parents are deceased. They must also be unmarried and not in a common-law relationship. This could include:
  • A sibling (brother or sister)
  • A niece or nephew
  • A grandchild
• Child to be Adopted: A child under 18 whom the sponsor plans to adopt in Canada. However, the adoption must not be primarily for immigration purposes. Furthermore, it must comply with Canadian adoption laws and international conventions if applicable.
• Other Relative: A relative of any age if the sponsor has no other family members who qualify under the abovementioned categories. The sponsor must also have no Canadian relatives, such as parents, children, or siblings, who are Canadian citizens or permanent residents. Here are some potential examples:
  • Uncles and aunts
  • Nieces and nephews
  • Siblings (brothers or sisters)

These categories cover a broad range of family relationships. However, each category comes with specific conditions and requirements.

Key Terms Related to Family Members in Sponsorship Applications

Understanding specific terms is crucial when navigating family sponsorship applications. The Immigration and Refugee Protection Regulations (IRPR) Sections 1 and 2 provide definitions that clarify who qualifies as a family member. Below are simplified explanations of these key terms:

• Marriage: A marriage outside Canada is valid if it is recognized both under the laws of the country where it took place and under Canadian law. Moreover, under Section 5, proxy or online marriages are not valid for immigration to Canada.
• Common-Law Partnership: A common-law partner has lived with the sponsor in a conjugal/marital relationship for at least one year.
• Conjugal Partnership: A conjugal partner refers to a foreign national outside Canada who has been in a marital relationship with the sponsor for at least one year. However, they have not been able to cohabit for valid reasons. Nonetheless, this relationship must involve significant commitment, similar to marriage or common-law partnership, even without living together.
• Dependent Child: A dependent child is a biological or adopted child under 22 years old who is not married or in a common-law relationship. However, a child over 22 can also qualify if they depend substantially on the parent due to a physical or mental condition.
• Adoption: Adoption refers to a legal process where a child becomes the legal child of someone other than their biological parents. In sponsorship applications, adoptions must not be for the sole purpose of gaining immigration status. Moreover, if the adoption is international, it must comply with the Hague Convention on Adoption.

These definitions help clarify who qualifies as a family member in the context of sponsorship applications. Understanding these terms is essential for ensuring eligibility and successfully navigating the sponsorship process.

Excluded Family Members Despite Eligibility Under R117(9)

While Canadian immigration law allows the sponsorship of various family members under IRPR Section 117(1), certain relationships face exclusion. IRPR Section 117(9) outlines these exclusions to prevent misuse of the sponsorship process. It’s crucial to understand these exclusions to avoid issues during the application.

Excluded Relationships

Certain relationships do not qualify for family sponsorship, even if they meet the general definitions under family member categories. Key exclusions include:

• Underage Conjugal Partners: Sponsors cannot sponsor a marital partner who is under 18 years old. This rule ensures protection for minors from exploitation in the immigration process.
• Multiple Sponsorship Undertakings: If a sponsor has an existing sponsorship undertaking for a spouse, common-law partner, or conjugal partner, they cannot sponsor another partner until the current sponsorship period ends. This rule prevents simultaneous multiple sponsorships, ensuring fairness.
• Bigamous Marriages: A spouse cannot be sponsored if either the sponsor or the spouse was married to someone else at the time of their marriage. Canadian law does not recognize bigamous or polygamous marriages.
• Separated Spouses: If a sponsor and their spouse have lived apart for at least one year and have formed a common-law relationship or conjugal partnership with another person, the spouse does not qualify for sponsorship. This rule ensures that only genuine, ongoing relationships qualify.
• Proxy or Online Marriages: Sponsorship is not allowed for spouses married by proxy if they were not physically present at the ceremony. The only exception applies if the absence resulted from service in the Canadian Forces, and the marriage remains legally recognized both where it took place and under Canadian law. This rule addresses concerns about the authenticity of marriages conducted by proxy or similar methods.
• Non-Examined Family Members: If a sponsor previously applied for permanent residence without including a now-sponsorable family member in the initial application, the family member cannot be sponsored. However, an important exception exists for this situation.

Exception to the Exclusion of Non-Examined Family Members

IRPR Section 117(10) provides an exception for non-examined family members. If an immigration officer decided that a family member did not require examination at the time of the sponsor’s original application, the exclusion under Section 117(9)(d) does not apply. This exception is crucial for sponsors who unintentionally excluded a family member due to circumstances beyond their control.

Expert Assistance for Your Family Sponsorship Application

Navigating the complexities of family sponsorship can be challenging. With hundreds of sponsorship cases from multiple countries, I have the experience and knowledge to guide you through the process. Each case is unique, and understanding the nuances of immigration law is crucial for a properly handled application.

Whether you’re dealing with complex family situations, concerned about eligibility, or need guidance through the application process, I am here to help. I aim to ensure your application is thorough, accurate, and aligned with Canadian immigration laws.

If you’re considering family sponsorship or have questions about your eligibility, I encourage you to book a consultation session. Together, we can assess your situation, explore your options, and develop a strategy to reunite you with your loved ones in Canada. Alternatively, you may fill out the following form to contact our team.