If the applicant is eligible, he can sponsor his spouse, partner or dependent children to become permanent residents of Canada.
Applicants must be able to:
- Support them financially
- Make sure they don’t need government social assistance
Applicants for a family reunion visa must have one of the following relationships with a Canadian citizen or permanent resident:
- Dependent children/parents/grandparents/spouse, de facto marriage partner or spouse relationship partner
- Siblings, nephews, nieces or grandchildren or granddaughters who are under 17 years old, unmarried and both parents have died
Definition of spouse or partner
- Spouse: legally married in the country of origin and in compliance with Canadian laws
- Marital relationship partner: Have a relationship of at least 12 months, but are prohibited from cohabiting due to religious reasons, immigration barriers, sexual orientation or marital status
- De facto marriage: Have an uninterrupted cohabitation relationship for at least 12 months
- Same-sex relationships will also be defined in accordance with the above categories, and they will all be regarded as valid immigration applications.
Definition of dependent children
The guarantor, the common-law partner of the guarantor, or the single child of the spouse who is 21 years old or younger are all defined as dependent children. If children need to be financially dependent on their parents at the age of 21 or before, and cannot be financially self-sufficient due to physical or psychological conditions, they will be regarded as dependent children even if they are 22 years of age or older.
Although the custody of the children belongs to the former spouse, they will still be regarded as dependent children. However, they must clearly state their relationship when applying for a family reunion visa. In addition, if the dependent children being sponsored also have at least one dependent child themselves, the guarantor must prove that they have sufficient financial capacity to meet the minimum income requirement.
Any permanent resident or citizen living in Canada can act as a guarantor (Canadian citizens currently living overseas can also act as guarantors as long as they plan to return to the place for permanent residence after their relatives arrive in Canada.)
There are many restrictions in the sponsored visa program. In the following situations, the applicant may not be able to become a guarantor:
- Repatriation order issued
- Is going through bankruptcy
- Have committed, attempted, or threatened to commit a crime related to violence or sex and have been convicted
- Are receiving social assistance from the government (except for disabilities)
- Failure to pay child support
- Failure to repay immigration loans
- Once sponsored a relative who was not eligible to apply for an immigrant visa
- Have sponsored a former spouse or partner who has been a non-permanent resident for more than 3 years
- Have sponsored yourself and have been a permanent resident for less than 5 years
Those who intend to sponsor their family members to apply for a dependant visa need to submit documents that can prove their financial status in the past 12 months to Immigration Canada (IRCC) to ensure that the sponsor has sufficient financial capacity to meet the applicant’s living expenses.
- The Department of Immigration, Refugees and Citizenship of Canada (IRCC) announced that starting from October 24, 2017, the main applicant for a dependant visa can add unmarried and unmarried children under 21 years of age and not in a common-law relationship to the immigration application.
- The sponsored party must attach a medical report when submitting the application, while applicants from Africa, Europe and the Middle East must submit additional biometric data.
- In addition, the applicant and any relatives over 18 years of age must submit a criminal record certificate from the country of origin, living for a long time, or country where they have lived for more than 6 months.
- If the applicant intends to move to Quebec, in addition to meeting the above-mentioned conditions required by the federal government, the Quebec authorities may have other requirements. For example, a potential guarantor living in Quebec must submit a special agreement to the Quebec government after submitting an application.
On July 20, 2021, the Canadian Immigration and Immigration Service announced a new policy for sponsoring parent immigration in 2021: Starting from September 20, 2021, the Immigration Service will submit an application intention from 2020 but not selected for two consecutive weeks. Among the guarantors, 30,000 guarantors are randomly invited to submit formal applications. The selected guarantor must submit a formal application within 60 days.
The guarantor can guarantee the basic conditions of his parents and grandparents:
- At least 18 years old
- Live in Canada
- Must be a Canadian citizen, a permanent resident of Canada, or a person registered as an Indian in Canada [Canadian Indian Act]
- Have sufficient financial proof to support the applicant
- In order to prove that the guarantor has sufficient money, the guarantor must provide proof of income.
The guarantor (and its co-signator, if any) must prove that they have sufficient income to support all those who will be financially responsible after becoming the guarantor. This includes yourself. If the applicant is invited to apply, the guarantor must provide proof that it can meet the income requirements for each of the three tax years preceding the application date.
The Immigration Bureau cannot assess whether the guarantor meets the income requirements until the guarantor officially applies.
(If you live outside of Quebec, to become a guarantor, you must commit to financially taking care of the person you sponsor for a period of time. We call this commitment a letter of commitment.)
Letter of Commitment:
The guarantor promises to provide 20 years of financial support to the sponsored family members and repay any provincial social assistance (funds from the government) that your sponsored family members receive during this period from the time they become permanent residents. You and your sponsored family members need to agree to assume certain responsibilities during the commitment period. We call it a “guarantee agreement.”
The Guarantee Agreement :
The guarantee agreement means that the guarantor will meet the basic needs of the sponsored family members, and the person you sponsor will make every effort to support themselves and their families. When applying, a form containing a commitment and guarantee agreement must be filled out and signed.
The minimum necessary income (MNI) is a key eligibility factor for the parent and grandparent immigration program. Immigration officials will assess the minimum necessary income of each guarantor for the 2020, 2019 and 2018 tax years. Only after the interest to sponsor form has been expressed through the online form, proof of the necessary income is required. However, those who are selected in the lottery and invited to submit a sponsorship application will be rejected if they do not meet the minimum necessary income requirements.
Note :Due to COVID-19, the Department of Immigration will only assess the minimum necessary income for the 2020 tax year. At the same time, it will not look at the usual minimum necessary income plus the 30% requirement. In addition, applicants can include employment insurance (EI) benefits, Canadian Emergency Response Benefits (CERB) and other income as their minimum necessary income for the 2020 tax year.
受撫養子女/ 父母/ 祖父母/ 配偶、事實婚姻伴侶或夫妻關係伴侶
- 至少 18 歲
擔保人（以及其共同簽署人，如果有的話）必須證明有足夠的收入來支持以成為擔保人後將在經濟上負責的所有人。 這包括你自己。如果申請人被邀請申請，擔保人必須提供證明可滿足申請日期前 3 個納稅年度中每個納稅年度的收入要求。
承諾書： 擔保人承諾為所擔保的家庭成員提供 20 年的經濟支持，從他們成為永久居民開始償還您的受資助家庭成員在此期間獲得的任何省級社會援助（來自政府的資金）此外，您和您的受資助家庭成員需要同意在承諾期間承擔某些責任。 我們稱之為「擔保協議」。
移民部官員將評估每個擔保人在2020年、2019年和2018年納稅年度的最低必要收入。只有在通過在線表格表達了擔保興趣（ the interest to sponsor form）後，才需要提供該必要收入的證明。但是，在抽籤中被選中，並被邀請提交擔保申請的人，如果不符合最低必要收入的要求，他們的申請將被拒絕。