Permanent residents and citizens of Canada who are aged 18 or over may sponsor their close relatives and family members in order for them to enter Canada for permanent residence. One of the aims, under section 3(1)(d), of the Immigration Refugee Protection Act, (2001), (IRPA), is to see that families are reunited in Canada.

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Permanent residents and citizens of Canada who are aged 18 or over may sponsor their close relatives and family members in order for them to enter Canada for permanent residence. One of the aims, under section 3(1)(d), of the Immigration Refugee Protection Act, (2001), (IRPA), is to see that families are reunited in Canada. Section 12(1) states that foreign nationals may be selected for permanent residence in Canada on the basis that they are the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident. Section 1 of the Immigration and Refugee Protection Regulations established under the IRPA defines “family members” for the purposes of the Act as: the spouse or common-law partner of the person; the dependent child of the person or of the person's spouse or common-law partner; and a dependent child of a dependent child. This same definition applies to the family members of refugees who qualify for refugee status under the Act, if accompanying the principal applicant. Family members of refugees are also entitled to a permanent resident visa.

In order to sponsor family members the sponsors must make assurances that they will support their family members financially for up to ten years depending on their age and relationship to the sponsor. The spouse of the sponsor must be financially supported for three years. Whereas the dependent children of the sponsor, or their spouse, must be supported for ten years, from when they become a permanent resident, or until they become 25, whichever would be first. Children above the age of 22 must be supported for three years, and any other person sponsored under this provision must be sponsored for ten years. A Sponsorship Agreement must be signed with the person being sponsored and all accompanying family members that outlines the commitment to financially support them and the commitment of the family members being sponsored to make every effort to support themselves, dependent children under the age of 22 are not required to sign a Sponsorship Agreement.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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