Family Based Immigration:
One of the stated goals of the Canadian immigration system as evident from the Immigration Act is the reunification of families. Members of the family class are allowed to reunite with Canadian citizens or permanent residents via the avenue of financial sponsorship.
The family class also includes the unification of couple by way of marriage. Broadening the concept of “family” in the Canadian legislation as a whole has led to the full recognition of reunification with common law partners or between same sex couples.
The sponsorship provider (Sponsor) is a Canadian citizen or permanent resident who meets predetermined statutory requirements. The sponsorship recipient is the Principal Applicant, situated in or outside of Canada. The location of the principal applicant affects the administrative procedure as well as the manner of processing by the immigration authorities.
What is the substantive nature of the sponsorship undertaking?
The sponsorship undertaker assumes the contractual obligation vis-à-vis the Canadian government to provide for the elementary financial needs of the principal applicant’s livelihood. This contractual obligation is limited in duration, in accordance with statutory requisites.
Who is considered a member of the family class for sponsorship purposes?
- Spouses and common law partners;
- Dependent children;
- Children candidates of adoption outside Canadian borders;
- Parents, grandparents and their dependent children;
- Brother, sisters, nieces, nephews and grandchildren that are orphans, are not in in a conjugal relationship and are under the age of 18;
- Any other relative so long as the sponsor is alone in Canada and does not have any family that falls under aforementioned categories for sponsorship;
The immigration regulations detail the economic as well as legal threshold preconditions which the sponsor must meet. Beyond those, there are general immigration threshold conditions that the sponsor must not fall under in order of providing sponsorship to a family class member.
Unlike other immigration avenues under the law, where the immigration authorities examine the applicant and are awarded meaningful discretion, the family class reunification route does not entail an examination of the prospects to become financially established in Canada. The family class reunification exists to serve humanitarian needs of familial reunification. As such, a heightened risk exists for the unsuccessful establishment of the principal applicant in Canada, to the extent of becoming a liability over public funds. In an attempt to balance humanitarian considerations on the one hand, and financial considerations on the other, the Canadian legislator has imposed the burden of financial surety over the sponsor that wishes to reunite.
The contractual obligation undertaken is to reimburse the Canadian government for any amount paid to the principal applicant via the various social systems.
It is recommended that legal advice be sought prior to the undertaking, as a considerable body of case law has been accumulated directly flowing from the absence of sufficient understanding to the extent of the obligation undertaken.
Failing to uphold the undertaking will result in efforts to reclaim the social assistance paid on the case by the provincial or federal authorities, as the case may be.
Traveling Outside Canada:
As in any other immigration program, an obligation is imposed with respect to physical presence in Canada to maintain Permanent Residency status and to qualify into citizenship status. Under the spouse reunification avenue, exceptions exist for this rule.