Spouse, Dependent and Family Visas for Canada

The "Undertaking to Assist a Member of the Family Class" once made cannot be cancelled or modified by the sponsor at any time after the sponsored family members have landed in Canada.

Failure to meet any of the commitments provided for in the "Undertaking to Assist a Member of the Family Class" could result in legal action being taken against the sponsor and the co-signer.

The sponsor is obliged to enter into a sponsorship agreement with the sponsored family member/s. By signing this agreement, the sponsor agrees to provide for the essential needs of the sponsored family member/s. The sponsor and the sponsor's co-signing spouse (if applicable) must complete and submit an "Application to Sponsor a Member of the Family Class" form (IMM-1344A Form), as well as a "Financial Evaluation" form (IMM-1283 Form) where the sponsor indicates his or her financial ability to support the Family Class Immigrant (and his or her spouse and dependents).

The following additional documents are required:

• The "Undertaking to Assist a Member of the Family Class";
• The sponsorship agreement;
• The "Statutory Declaration of Common-Law Union" form (only required where the sponsor's co-signer is a common-law spouse);
• Documents supporting the sponsor's "Financial Evaluation" form (such as tax returns, Notice of Assessment from Revenue Canada, letters from employers indicating salary and length of time employed, pay stubs, proof of other income such as rental and pension income, and proof of financial obligations such as mortgages, property/school taxes, personal loans/lines of credit, alimony payments and insurance payments;
• Documents evidencing the Canadian status of the Sponsor (such as Record of Landing or Canadian Birth Certificate or Citizenship Card or Certificate of Registration of Birth Abroad together with Certificate of Retention of Canadian Citizenship); and
• Documents evidencing relationship to Family Class Immigrant (such as marriage certificates, adoption orders, passports indicating identity of parents/children, etc.).

If the sponsor resides in the Province of Quebec, corresponding forms provided by the Quebec Government will be required in place of most Federal forms.

The Family Class Immigrant, spouse and each dependent child aged 18 or over (whether accompanying the Family Class Immigrant or not) will each be required to complete and submit an "Application for Permanent Residence" form (IMM-008 Form). Applicants destined to the Province of Quebec will be required to complete an Application for a Quebec Certificate of Selection form.

The following additional documents are required:

• Statutory documents (such as local police good conduct certificates, birth certificates, household register forms, valid passport and ID cards, etc.); and
• Documents proving the relationship to the sponsor (such as marriage certificates, household register forms, valid passport and ID cards, etc.).

The Canadian sponsor submits the application to Immigration Canada's Case Processing Center located in Mississauga, Ontario.

The Family Class Immigrant's application is an Application For Canadian Permanent Residence In Canada and as a general rule it is submitted to a Canadian Visa Office located outside of Canada. If the intended destination is within the Province of Quebec, an additional application for a Quebec Selection Certificate is submitted to the Quebec Government.

For humanitarian and compassionate reasons, certain Family Class Immigrants are allowed to submit their applications for permanent residence from within Canada. To qualify, immigration official will have to be convinced that the Family Class Immigrant would suffer excessive hardship in applying for permanent residence from outside of Canada.

Family Class Immigrants applying from within Canada are required to submit additional government forms in support of their applications for permanent residence. They must also ensure that their Canadian visitor status remains intact while they wait for their Immigrant Visas to be issued.

While waiting for their Immigrant Visas, Family Class Immigrants are allowed to work or study in Canada only if they have been granted an Employment Authorization or Student Authorization. Family Class Immigrants entitled to apply for permanent residence from within Canada can apply for an open Employment Authorization after their applications have been approved in principle by immigration officials.

In certain cases, immigration officials will convene Family Class Immigrants and their dependents for a selection interview. The main purpose of the interview is to satisfy the immigration official as to the family relationship to the Canadian sponsor. In other cases, the Canadian sponsor may be interviewed in Canada to verify financial ability and to confirm family relationship. In some cases, however, no interviews take place.

The length of the sponsorship process varies depending on the Visa Office to which the Family Class Immigrant's application is submitted. Sponsorship cases are a priority at all Visa Offices and such applications are processed ahead of skilled worker applications and applications under the Business Immigration Program.