Sponsoring Your Child for Immigration to Canada: A Comprehensive Guide

Canada’s family class sponsorship program allows Canadian citizens and permanent residents to bring their children from abroad to live with them in Canada as permanent residents. If you’re considering sponsoring your child, this blog post will provide you with all the necessary information. From eligibility criteria to proving the parent-child relationship, we will guide you through the process. Let’s delve into the details of sponsoring your child for immigration to Canada.

Eligibility Criteria for Sponsoring Your Child

To sponsor your child to come to Canada, you must meet the following requirements:

1. Age Requirement: You must be 18 years of age or older.
2. Status: You must be a Canadian citizen, a permanent resident living in Canada with the intention to return, or a person registered under the Indian Act of Canada.
3. Financial Responsibility: You must be able to provide for the basic needs of the dependent child.
4. Relationship Proof: You must be able to prove your relationship with your child.
5. Legal Standing: You must not have a criminal record, be in prison, be charged with a serious offense, or be bankrupt.
6. Previous Undertakings: You must not be in default of a previous sponsorship undertaking or be under immigration investigation.
7. Income Assistance: You must not be receiving income assistance, unless it is due to a disability.

Child’s Eligibility as a Dependent

For a child to be eligible for sponsorship, they must meet the following criteria:

1. Biological or Adopted Child: The child must be the biological or adopted child of a Canadian citizen or permanent resident.
2. Marital Status: The child must not be married or in a common-law relationship.
3. Age Requirement: The child must be under the age of 22.

Exception for Children over 22

In certain cases, a child over the age of 22 may still qualify as a dependent if they meet two requirements:

1. Medical Condition: The child must have a mental or physical condition that prevents them from being able to support themselves.
2. Financial Dependence: The child must have depended on their parents for financial support since before the age of 22.

Maintaining Dependency Status

During the processing of the application until becoming permanent residents, dependent children must remain unmarried and not in a common-law relationship. If a dependent child gets divorced, widowed, has their marriage annulled, or ends a common-law relationship after the initial application, they can still meet the definition of a dependent child.

Establishing Parent-Child Relationship

To prove the parent-child relationship, documentation such as a birth certificate or baptismal certificate can serve as proof of a biological relationship. In cases involving assisted human reproduction technologies, additional authorized evidence may be required to establish the parent-child relationship.

Lock-In Age of Dependent Children

The age of a dependent child is locked in on the date of receipt of the principal applicant’s complete permanent residence application. Even if a child turns 22 during the application processing, they will still be considered dependent as long as they remain unmarried and not in a common-law relationship when permanent residence is confirmed.

Custody Issues

When sponsoring a child who is subject to custody orders, you must provide proof that you are allowed to remove the child from their current foreign country of residence. This requires written consent from the other parent or guardian. If consent is not given, a court order may be acceptable. In cases of shared custody, written confirmation from the other parent, stating no objection to the child’s processing for permanent residence in Canada, is necessary.

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Please note that immigration policies and regulations are subject to change. It’s essential to refer to official government sources or consult with immigration professionals for the most up-to-date information.