Family Class

1
Family Class

• IRPRegs ss. 116-137
• http//www.cic.gc.ca/manuals-guides/english/op/op0
  2e.pdf
• Included Relationships (s1(1), 1(2), 1(3) 116)
• Spouse, common law partner, or conjugal partner
• Dependent Child (biological, adopted, step-child)
• lt 22 and single, or
• full-time student, or physically/mentally unable
  to be financially self-supporting
• common law partner (individual cohabiting in
  conjugal relationship for 1 year, unless
  cohabitation not possible due to persecution/any
  form of penal control)
• Mother or father
• Grandmother or grandfather

2
Excluded relationships (s. 125)

• fiancé(e) (to be dealt with under s. 25(1) HC)
• spouse or common-law partner lt 16 years old
• sponsor has existing sponsorship undertaking in
  respect of a spouse/common-law partner
• sponsor is married to, or in common-law
  relationship with, someone else
• spouse/common-law partner or child who has
  custody or is legally empowered to act on behalf
  of inadmissible dependent child (s.23)
• relationships entered into primarily for purpose
  of obtaining permanent residence in Canada

3
Spouse or Common-Law Partner in Canada Class (ss.
123-129)

• permits in-land application for sponsorship as
  long as foreign national has temporary resident
  status in Canada and undertaking is in effect
• dependent of applicant may also acquire permanent
  resident status if application by foreign
  national includes request for dependent to remain
  in Canada as permanent resident, and dependent is
  admissible

4
Sponsorship (ss. 130-137)

• Eligible to sponsor
• 18 years old
• Ineligible to sponsor
• in default of court-ordered spousal or child
  support payments, or sponsorship undertaking
• indebted to HMRC (may include deposit, removal
  costs, social assistance repayment)
• undischarged bankrupt
• in receipt of social assistance except for
  reasons of disability
• does not meet minimum necessary income, unless
  sponsoring spouse/common law partner or single,
  childless child lt 22

5

• is subject to report of inadmissibility, subject
  to removal order
• detained in jail/prison
• convicted in or outside Canada during previous 5
  years of a sexual offence/offence against the
  person in relation to a dependant

6

• Sponsorship application suspended until final
  determination of proceedings against sponsor or
  co-signer for
• revocation of citizenship
• report on inadmissibility
• offence punishable by maximum term 10 years
• Default of undertaking begins when
• govt makes payment that sponsor promised in
  undertaking to repay
• obligation in sponsorship undertaking is breached

7

• Default ends when
• sponsor reimburses government concerned
• sponsor ceases to be in breach
• Time limits for sponsorship (s. 132)
• Acquisition of temp. resident permit or permanent
  residence
• Spouse 3 years
• Dependent child lt 22 10 years or until child
  reaches 25, whichever comes first
• Dependent child gt 22 3 years
• Other 10 years

8
HC in first draft of regulations

• Exemption from requirements for permanent
  residence still require applicant to have
  arrangements for financial support other than
  social assistance and be otherwise admissible
• Fiancé(e) must marry within 90 days of arrival
  and demonstrate proof of marriage within 180 days
• Intended common-law partner must cohabit and
  demonstrate within 15 months that they meet
  definition of common-law partner