Having Kids? Rules To Sponsor a Child in Canada
If you are planning to have or adopt kids and move to Canada, you need to check whether you are eligible to sponsor a child in Canada through family sponsorship. You need to meet the requirements to sponsor a dependent child in Canada to become a permanent resident.
It is very important to understand the legal requirements of the process to understand if you are eligible to sponsor a child in Canada. In this blog, we will learn how you can sponsor a child in Canada, The IRCC child sponsorship rules, legal requirements, and the eligibility criteria for doing so. To avoid any mistakes in your application process, you can consult Canadian immigration experts at Canada Shaws.
Who You Can Sponsor?
Family sponsorship under Canadian immigration law means bringing your dependent child to Canada to become a permanent resident. Under this law, you can sponsor a child in Canada under specific rules. Below is the list of who you can sponsor:
Dependent Children
Child under 22 sponsorship Canada applies to dependent children who are below 22 years old and do not have a common-law partner or spouse.
Children above 22 years of age can also be considered your dependents if they are unable to assist themselves due to a mental or physical condition financially or have depended on their parents since before the age of 22.
Your Own Child
If you are a Canadian citizen, then your child, as per the law, becomes a Canadian citizen, even if they are not born in Canada. Hence, you can not sponsor a child in Canada for permanent residence because they are Canadian citizens already.
If you are sponsoring just your child in Canada and not sponsoring your partner or spouse, you will need to name your child as the “principal applicant” in the application. You will need to ensure that the child’s other parent or legal guardian has agreed to your child immigrating to Canada, as getting your ex-partner’s consent for child sponsorship is necessary.
Adopted Child
If you are sponsoring your adopted child, there are 2 processes you must go through, which are the “adoption process” and the “immigration process”. The immigration process is further divided into 2 parts, application for sponsorship, and the application for permanent residence for the child. You can apply for citizenship on your child’s behalf after they arrive in Canada, but their adoption must be finalized before they can be granted citizenship.
Your Grandchild
If the child you are sponsoring has a child of their own, meaning your grandchild, you will name them as “dependent” in the application.
You can also sponsor your orphaned grandchild if they are under 18 years of age, single, and have both of their parents deceased or missing.
Your spouse/partner and their child
If you are sponsoring your partner and their child, or a child you had together, your partner/spouse will be named as the “principal applicant,”. While the child will be considered as “dependent” in the application.
Eligibility Of The People You Are Sponsoring
To qualify under the requirements to sponsor a dependent child in Canada, your spouse/partner, your dependent child, and their dependent child (if they have any) must provide all of the required documents. They should provide these documents with their application and any additional information required during the process, which can include medical exams and biometrics. However, you can not sponsor a child in Canada who is not allowed to enter the country. Therefore, it is really important that you carefully go through all the requirements before you sponsor a child in Canada.
Who Can Sponsor A Child In Canada
According to the IRCC child sponsorship rules, you must meet certain eligibility criteria to sponsor a child in Canada.
IRCC Child Sponsorship Rules
You are eligible if you are:
- At Least 18 years old
- A Canadian citizen
- An Indian registered in Canada under the Canadian Indian Act
- A permanent resident
- A Canadian citizen who is living abroad. In this case, you must show that you plan to live in Canada once your sponsored relative becomes a permanent Canadian citizen, but you won’t be allowed to become a sponsor if you are a permanent resident living outside Canada.
- Able to prove that you are not in need or currently receiving any social assistance except for reasons such as disability
- Able to prove that you can provide for the basic needs of yourself, your partner/spouse, their dependent child(ren), or your dependent child(ren) (if you are sponsoring your dependent child only).
However, you don’t need to meet a minimum income to sponsor a dependent child unless they have a dependent of their own, in which case Statistics Canada’s annual Low-income Cut-Off (LICO) requirements apply
You Might Not Be Considered A Sponsor If You
- Are you sponsoring a spouse or partner, but it’s been less than three years since your previous spouse or partner became a permanent resident
- Previously sponsored someone and didn’t repay any social assistance they received while the undertaking was active
- Are you in default on an immigration loan or a performance bond
- Did not pay for support ordered by the court or any child support
- Have active bankruptcy charges
- Are accused of any offence including crime and harm such as of a sexual nature.
An immigration representative can guide you through the sponsorship process, fill out forms, and assist with document preparation, but they cannot access your portal account, sign your application electronically, or log in on your behalf.
Application You Need To Fill
For you to apply to sponsor a child in Canada, 2 applications need to be filled out:
1. You need to apply to become a sponsor.
2. The child must apply for permanent residence.
How to Apply To Sponsor a Child in Canada
For the sponsor to apply, they must:
- Download and fill out the PDF forms available in the application package.
- Digitally sign the forms along with the principal applicant (person you are sponsoring).
However, the principal applicant must upload forms to their online application and electronically sign for the complete application, including those of any other family members.
The application package includes:
- A checklist containing the documents needed for you and the person you are sponsoring.
- Forms that you and the person being sponsored need to fill out.
- Instruction manual to help you fill the forms correctly.
Remember, the sponsorship application fee for processing your application is part of the overall cost of sponsoring a child in Canada and is non-refundable.
Required Forms For Sponsorship
To apply to sponsor a child in Canada, you must sign in or create an online application portal account for permanent residence. Below is a list of all the digital forms that you need to fill out online:
- Generic application form for Canada (IMM 0008)
- Schedule A-Background / Declaration (IMM 5669)
- Additional family information (IMM 5406)
- Supplementary information i.e., your travels (IMM 5562)
You need to have one photo for each person on your application. If applicable, you must provide a proof of ex-partner consent for child sponsorship to show both parents agree to child’s immigration. The online application provides you with instructions that you need to follow to scan and upload both sides of your photo.
The next step is to pay your application fees and upload your biometrics as soon as possible to avoid any delays.
Fees And Cost For Sponsorship
It is important to understand the cost of sponsoring a child in Canada since there are several different types of fees included, such as
- Processing fees of you, the child you are sponsoring, and their dependents (if they have any)
- The right of permanent residence fee
- Biometrics fee
The sponsorship fees must be paid online, including the biometric fee (fingerprints and photo), to avoid delays. Depending on your case, you might also need to pay third-party fees for a medical exam and police certificate. The instruction guide helps you understand which sponsorship fees apply to your situation. Paying fees on time helps in avoiding any delays during the processing time for sponsorship.
Submit Your Medical Exam And Police Certificates
During the processing time for sponsorship, you must submit medical exams and police certificates for the person being sponsored and eligible family members. Police certificates are valid for 1 year but may need renewal depending on the processing time for sponsorship. After paying biometric fees, family members have 30 days to submit biometrics at a collection point.
Checking Your Application
You must make sure of the following things before you submit your application online
- You must answer all questions
- You must type your full name on your passport
- You must sign your application electronically
- You must include your processing fee receipt
- You must upload all the supporting documents
If your application is missing anything, it will be rejected, and you will have to re-submit it by fixing the errors.
If the applicant and sponsored person meet the eligibility criteria, they will be requested to link the application to an online account via mail or email.
Assessing Your Application
Your sponsorship application will be returned if it is incomplete or fees are missing. If it gets accepted for processing, you’ll receive an application number and acknowledgment receipt, and your eligibility as a sponsor will be assessed along with the permanent residence eligibility of the person being sponsored.
If rejected, you can either withdraw (only the CAN $85 sponsorship fee is non-refundable) or continue your processing without any refunds. If approved, the eligibility of the sponsored person will be reviewed.
Changes In The Application:
You must inform us of any change in the situation, which might include:
- Birth or adoption of a child(ren)
- Marriage/separation or divorce
- Death of the applicant or dependent
Tracking And Updating Your Application
During the processing phase, you must track your application’s progress to help you stay updated on the processing time for sponsorship and to make sure everything is up to date. You will need to check:
- Your application status
- If you need to update your address or any other necessary information
- Adding or changing your representative or getting access to information about your family.
- If you want to withdraw your application
- If and when you need to pay the right of permanent residence fee / request a refund
If you want to sponsor a child without any delays or rejection, book your consultation with Canada Shaws, an expert immigration Consultant in Canada.
Conclusion
In short, if you want to sponsor a child in Canada for permanent residency through family sponsorship, you must meet the requirements to sponsor a dependent child in Canada, and both the applicant and the dependent must satisfy specific eligibility criteria.
The applicant must submit forms, pay fees, provide biometrics, medical exams and police checks (if applicable). Staying updated on your application status and following instructions carefully is essential to avoid delays.
Moreover, it is recommended that you budget properly for the cost of sponsoring a child in Canada because proper planning ensures you are able to sponsor a child in Canada without unnecessary delays successfully. However, if you are confused at any point during the process about IRCC child sponsorship rules and need assistance, you are highly encouraged to book a free orientation from immigration representatives to make sure your application is completed accurately without any mistakes.
FAQs
1. Who qualifies as a dependent child under the Child Under 22 sponsorship Canada program?
A child under 22 years old who does not have a common-law partner or spouse is considered a dependent child. Children over 22 can also qualify as dependent children only if they cannot financially support themselves due to any mental or physical condition or if they have been dependent on their parents since before the age of 22.
2. What happens if my financial situation changes?
The applicant must be able to prove they can support their dependent children financially without any assistance from the government, except for reasons like disability. However, if the financial situation changes significantly, this can affect your eligibility as a sponsor.
3. Can I sponsor a child if I live outside Canada?
Yes, you can sponsor a child if you are a Canadian citizen living abroad. In this case, you need to prove that you plan to return to Canada after your sponsored relative becomes a permanent resident. However, if you are a permanent resident living outside Canada, you cannot sponsor anyone.
4. Is my ex-partner’s permission necessary to sponsor our child?
Yes, ex-partner consent for child sponsorship is important for the application to proceed, and you must show both parents agree to the child’s immigration.
