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Sunday, January 18, 2015

Sponsorship for Immigration to Canada

The general idea of ​​family sponsorship for immigration to Canada


If you are a Canadian citizen or a permanent resident there with 18-years of age, you can sponsor some family members for their permanent residence in Canada.
If you are resident in Canada, you can become a guarantor for a relative of his visit to Canada for permanent residence, you will be responsible for the financial support to a relative since his entry into Canada with permanent resident status in Canada.

Basic requirements for a family of Guarantee:
● Your age must be at least 18 years of age.
● You and your relative must sign a contract of sponsorship. which requires you to provide material support to a relative. Also, the contract says that the sponsored person to be resident in Canada should make every effort to support themselves.
● You must provide material support to the husband / wife / civil partner within three years from the date of obtaining the right to permanent residence.
● You must provide financial support for child who is your dependent for 10 years since becoming a permanent resident, or to perform his 25-year-old, / that will turn before the other /.

You may be eligible to sponsor the following relatives:
● The husband / wife (with certain restrictions).
● civil partner (with certain restrictions).
● civil partner with whom you can not live together on reasons (with certain restrictions).
● Children in care.
● Parents (the program is temporarily closed)
● grandparents (the program is temporarily closed).
● Brothers and sisters, nieces and nephews, grandsons and granddaughters who are orphaned at the age of 18 and unmarried.
● Other relatives of any age, under certain conditions.
● Relatives accompanying the above persons (such as husband, spouse, and child in the care of).

Husband / Wife: if you are in status with his sponsor registered under the laws of the country in which it was concluded.
Law partner (Common-Law Partner): You are a civil partner of the opposite sex or the same sex as your sponsor; You live in a civil relationship for at least one year without interruption. In this case, you must prove that you and your partner are living under one roof and has a shared household.
Informal partners (Conjugal Partner): this category of partners of the opposite or the same sex who are exceptional circumstances in which they can not live together as civil partners.

Children who are under the care of son or daughter:
● Children under the age of 22 years, unmarried.
● Children older than 22 years old, is a student from the date of execution on 22 years without interruption, living through the financial support of parents with 22 years of age at the time of completion of the sponsorship.
● A person who has entered into an official or a civil marriage before the execution of 22 years of age and enrolled as a student who lives off financial support of the parent since he became a husband / wife or unofficial spouse.
● A person who has reached 22 years, which is in physical or mental reasons, mainly lives off material support to parents with age up to 22 years of age.

Obligations of the guarantor / sponsor /:
Guarantors must sign the guarantee obligation to provide the basic needs of the sponsored person from the moment of his arrival in Canada until the end of the term of the obligation.
The obligation is a contract between the surety "sponsor" and CIC (CIC), which states that the guarantor undertakes to return to the state any amount to be allocated by the state-sponsored person as social assistance.
Guarantors / sponsors / are bound by the contract over the life of the contract, even in the event of a change in life circumstances such as cessation of marital relations, divorce, or changes in financial position of the sponsor.
With respect to the husband / wife or civil partner and informal, of the guarantor / sponsor / required to sign an undertaking in which he has to compensate for all the expenses spent on sponsor federal or provincial authorities, within three years from the date of receipt of sponsored permanent resident status in Canada.
With respect to sponsor a child who has not attained 22 years of age or a child of husband / wife or civil partner-sponsored entity, the obligation starts from the day that the child acquires the status of a permanent resident of Canada and lasts for 10 years or until the child is 25 years, / that whichever is earlier.
With respect to a child of the sponsor or sponsored by a person who is under the care of which more than 22 years, the obligation begins when the child's right to live and lasts three years.
In relation to other family members, the term of the guarantee is valid for 10 years, sponsor, from the receipt of a family member of the right to permanent residency in Canada (permanent resident status).
Decisions of the General Prosecutor of the Supreme Court of Canada / Visa Section / for 2011. The court took the following action:
Due to the fact that the guarantor has assumed an obligation to state income compensation due from relatives that due to certain circumstances, you can defer the payment of compensation, but they cannot be deleted from the registry.

Guarantors residing outside of Canada:
Canadian citizen living outside the country can become a sponsor of his wife / her husband, civil / informal partner and their children who do not have children of their own, with the condition that the sponsor has no criminal records related to domestic violence and be able to prove that it will be resident in Canada on arrival sponsored them rights in Canada.
Permanent residents of Canada (not citizens) living abroad can not sponsor family members. They have the right to apply for sponsorship relatives only in the territory of Canada.
In addition, the spouse or common-law partner in Canada can apply for sponsorship of a spouse or civil partner within the Canadian procedure only when their spouses or civil partners living with them in Canada. In other cases, the procedure must pass through the visa office abroad.

These are the situations that may require a complex and controversial decisions:
Sponsors and sponsored persons in Quebec:
Sponsor (guarantor):
You can sponsor a close relative who has not previously been convicted by a court for committing a crime, if you are a citizen or permanent resident of Canada, who lives in Quebec, you are at least 18 years old and you meet the basic requirements.

Sponsored person (close relative):
You can sponsor the following relatives:
● The spouse, civil partner or informal partner.
● A child who is under the care.
● Father, mother, grandfather or grandmother (under certain conditions) - the program is temporarily closed.
● Brothers and sisters, nieces and nephews, grandsons and granddaughters who are orphaned at the age of 18 and unmarried.
● Other relatives of any age, under certain conditions.
● Relatives accompanying the above persons (such as husband, spouse, and child in the care of).
● Child that you plan to adopt (international adoption).