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FAMILY CLASS SPONSORSHIP

Citizenship and Immigration Canada (CIC) has increased their focus on family reunification during the past year. CIC encourages permanent residents and citizens of Canada to reunite with their families through sponsorship applications. Under the Immigration and Refugee Protection Regulations (IRPR), family living abroad as well as spouses or common-law partners living in Canada with their sponsor may be sponsored under the family class category. Individuals who qualify to be sponsored in the family class include a spouse (including same-sex partner), common-law partner (including same-sex partner), conjugal partner, dependent children, parents, grand-parents, children adopted from abroad, and other relatives in special circumstances.

The person who is sponsoring a family member is called the Sponsor and the family member being sponsored is known as the ApplicantIn order to qualify for a sponsorship application, both the sponsor and the applicant need to be eligible.

Depending on where the family member you are sponsoring is residing, you can apply for an:

  • Overseas Spousal Sponsorship or
  • Inland Spousal Sponsorship.

The processing of the application, once submitted, consist of two (2) stages:

  1. The Sponsor gets evaluated and approved as a Sponsor, following which,
  2. The Applicant’s information is process.

Following step 2, an interview may be arranged for the Applicant and Sponsor.

OVERSEAS SPOUSAL SPONSORSHIP

If the family member you wish to sponsor is outside Canada, an Overseas Spousal Sponsorship application will be required to be submitted. This means that the application will be processed as an outside-Canada application.

If you decide to proceed with this application, the following should be kept in mind:

  • The processing time of this application depends on where the Applicant is from, which varies from country to country;
  • The Applicant is free to visit the Sponsor in Canada and is required to apply for the appropriate visa to do so; and
  • If refused, the decision can be challenged in an appeal at the Immigration Appeal Division.

The application, once completed, will first be submitted to the CPC office in Mississauga, Ontario, Canada for the Sponsor to be evaluated. Once the Sponsor is approved, the application will then be transferred to the country of residence or citizenship of the Applicant.

INLAND SPOUSAL SPONSORSHIP

If the family member you wish to sponsor is in Canada, you can submit an Inland Spousal Sponsorship. In other words, the application will be processed as being submitted within Canada.

If you decide to proceed with this application, the following should be kept in mind:

  • The processing time of this application is longer than that of an Overseas Spousal Sponsorship;
  • The Applicant cannot leave Canada during the processing of the application;
  • This application cannot be appealed at the Immigration Appeal Division; and
  • Applicants do not have implied status under this application. They are required to maintain their status while the application is being processed.

In case of challenging a refusal, the correct route would be to go to the Federal Court of Canada for a Judicial Review.

Since the processing of this application is lengthy, applicants have an option to apply for an Open Work Permit with this application.  This work permit will allow them to work for any employer in Canada, provided the conditions on their permit allows them to.

Please contact Subuhi Siddiqui Immigration Law Firm for your immigration, citizenship or status matter. To set up a consultation, give us a call at (647) 454-9364 or e-mail us at subuhi@ssimmigration.ca.