Author: Yan Desjardins, Executive Director and Founder
Often, people choose to not immigrate to Canada as a whole family, choosing to go alone and prepare for the family’s arrival. Then comes the anticipated time to reunite once everything is settled and to sponsor your family to Canada.
If you are reading this, you are eager and ready to sponsor your children and reunite with them. We understand. So we will get right to it! This short article will explain the different eligibility requirements to sponsor.
What is the definition of a dependent child?
A Canadian citizen or permanent resident can sponsor family class members as per the regulations. Remember, the family class is the group of different family members that can be sponsored.
So, to meet the definition of the class, your child or children must meet the following requirements:
- Be your biological child/children
- Be a legally adopted child for whom you have full custody rights
- Be under 22 years old at the time of the application is received
The last requirement specifies that as long as your child is under 22 years old by the time Immigration Canada gets the application, then their eligibility remains regardless if they turn 23 years old during the process of the application.
Are there any exceptions to the 22 years old rule?
Yes, the Canadian immigration regulations allow for one exception. Suppose your child is still dependent on you after 22 due to a psychological or physical condition that prevents your child from being self-sufficient. In that case, the immigration officials can exempt the requirement.
You will have to provide supporting documentation like medical bills and records. During the medical examination, the medical practitioner will assess the condition per Canadian standards and issue a recommendation to the immigration department for further processing.
These cases can be complex. We recommend using a reputable Canadian immigration consultant to help you navigate through this procedure. Contact us today if you think this applies to your family.
Sponsor your children: two ways, one result.
There are two easy ways to sponsor your children.
First, if you are sponsoring your spouse or partner to immigrate to Canada as a couple. In that case, you can include your common children in the application. They will be processed simultaneously as your spouse or partner. If approved, everyone can immigrate to Canada as a whole family.
If you decide that you and your spouse or partner do not want to immigrate to Canada as a couple at this time, then you can choose to sponsor your children alone and wait to sponsor your spouse or partner later on.
When you decide to sponsor your children alone, you must send an application for each child. But not to worry, the applications are usually kept and processed together so that the children can immigrate to Canada as a whole family.
Special consideration for minor children.
If you intend to immigrate to Canada with minor children, there are some special considerations to consider.
Suppose your children included in your family are issued from a different union. In that case, you will need to provide a consent affidavit from the non-accompanying parent if you do not have full custody of the child or children. The consent will provide authorization to the government officials to issue a visa without concerns of abduction for the child or children being sponsored.
Your minor child will have to complete a medical examination if not previously completed. If you immigrated to Canada, your children were previously examined as part of your application. If the results are still valid, they can be reused. If not, the medical examination will have to be redone.
Sponsorship of adult children.
Any child over the age of 18 will have to provide a police certificate from the country of residence and be issued by a national authority to prove that they do not have a criminal record.
Suppose your children included in your family are issued from a different union. In that case, you will not need to provide a consent affidavit from the non-accompanying parent. In Canada, the federal legislation defines the age of the majority to be 18 years. Therefore your child’s signature on the application forms is sufficient to authorize them to immigrate.
However, depending on the province you intend to immigrate to, the age of the majority might differ. For example, in Ontario, the age of majority is set to 19 years old, while in Québec, it is 18.
The same as for minor children, your adult child will have to undergo the medical examination unless previously done and the results are still valid.
Will my child need to provide biometrics?
Only your children 14 years and above will be asked to provide biometrics information. This information is used for immigration and identity background verifications.
Can I sponsor my adopted child?
Yes, you can. Your adopted child is considered the same as a biological child, and therefore can be included in your application.
You must have all of the official court-ordered adoption decree and custody documents. You can only sponsor a child that has been fully adopted. Then, you need to demonstrate that the adoption is genuine and not entered into for immigration purposes.
These cases are also complex. We recommend using a reputable Canadian immigration consultant to help you navigate through this procedure. Contact us today.
Why choose us?
Because we understand the importance of family and we want to help you ignite your dreams of reuniting with your children.
Take our self-assessment test today, and let us accompany you at every step of the way.