Requirements and risks in Canadian family sponsorship

Canadian family sponsorship is one of the ways a foreign national can be granted permanent residency or Canadian citizenship through Family Reunification. This is when a Canadian citizen or a permanent resident sponsors family members to come live and eventually work in Canada, subject to governing rules. 

If you are currently considering sponsoring a family member, this article should tell you what you need to know. 

Brief overview of Canadian family sponsorship 

Canadian family immigration is governed by the Immigration and Refugee Protection Act (IRPA). There’s also the Immigration and Refugee Protection Regulations (IRPR) and the Indian Act for the sponsorship of individuals registered as Indians. 

Generally, only federal laws apply when sponsoring a family member. However, provinces can introduce added requirements. For example, Québec has its own Canadian family sponsorship income requirements to determine financial capacity. 

There are also existing Agreements between Canada and other countries that could affect or facilitate immigration. For refugees, there’s the Safe Third Country Agreement which is still in place today. For this article, we will be focusing on how to apply for family sponsorship in Canada. 

Who is eligible for family sponsorship in Canada? 

Immigration to Canada starts with a sponsor. Canadian citizens or permanent residents may extend Canadian family sponsorship if they meet all the qualifications and have none of the disqualifications. Here are the factors deciding eligibility: 

Failure to meet even one requirement makes the sponsor ineligible.  

Who is covered by Canadian family sponsorship? 

Canadian family sponsorship does not include extended relations. For purposes of sponsorship, family refers to the following: 

• spouses, common-law partners, or conjugal partners 
• dependent children who are under 22 years of age 
• parents 
• grandparents 

Relatives outside of those mentioned may also be sponsored under very special circumstances. For example, adopted children may be taken in through Canadian family sponsorship. 

While spouses fall within the definition of family, there are variations in how the rules apply. A distinct difference is with minimum income requirements (MNI). For relatives, the sponsor must meet income requirements. Minimum income is not necessary with spouses unless they come with a dependant. 

Residency during the application process 

Sponsored relatives can be inside or outside the country during the Canadian family sponsorship. During this period, relatives can comply with the requirements for temporary residents. 

Relatives disqualified from being sponsored 

Mere relationship is not enough to justify an application for Canadian family class sponsorship. The relative must also be admissible in Canada; otherwise, the application will be denied.  

Reasons for inadmissibility are varied but mostly depend on these three factors: 

Poor health or substance abuse 

The Canadian government has the right to deny entry of individuals who have communicable diseases or chronic health conditions. They may also deny those with substance abuse issues. 

Previous crimes 

Conduct of or participation in crimes are also grounds for inadmissibility. This includes crimes against human rights or crimes committed against family members. Individuals who may threaten national security are also denied entry. 

Past application violations 

Of course, individuals who commit fraud in relation to their application may be denied entry. Technical reasons for denial, such as lacking Canada family visa requirements, may be re-applied for. 

How much does Canadian family sponsorship cost? 

The cost of sponsoring family in Canada goes beyond application fees. There's also a need to meet and maintain Canadian family sponsorship income requirements. Here are the different costs sponsors need to know before an application. 

Application costs 

Costs involve a sponsorship fee of around $85 and a principal application processing fee of $545. In certain cases, a right to a permanent residence fee of $575 must also be paid.  

If a dependent child is included with a sponsored relative, an additional $175 must be paid. 

On top of this is a biometrics fee per person of $85.  

Income requirements 

The minimum income requirement (MNI) varies depending on where you live and the family size. The definition of family unit includes everyone currently being supported and those they are planning to sponsor. This means the sponsor, the sponsor’s spouse, and dependent children are counted. 

The following persons may also be included in the count: 

• dependent children of the spouse 
• persons previously sponsored and the sponsor is still financially responsible for 
• the parents and grandparents you want to sponsor 
• the parents and grandparents of your spouse, partner, or dependent children 

The list could include those who are not coming to Canada but have familial ties with the parents or grandparents.  

To qualify, the sponsor's MNI must be more than a set MNI for the past three consecutive years. A sponsor filing in 2025 must have an income exceeding the MNI for 2024, 2023, and 2022. 

This value changes from year to year. Income requirements for Québec sponsors are also different from federal requirements.  

Immigration to Canada through sponsorship usually has a yearly limit. For example, Canada’s Parents and Grandparents Program for 2024 had a limit of 20,500 completed applications. 

Co-signer involvement 

Sponsors who cannot meet the MNI can find a co-sponsor.  This co-signer can be the spouse or the common-law partner. Like the sponsor, they must also provide proof of income for the las 3 taxation years before application. 

The co-signer must meet the same eligibility requirements as the sponsor. They will also be held responsible within the same period. 

How long does Canadian family sponsorship take? 

There are three periods that must be considered during the Canadian family sponsorship process: 

1. preparation period 
2. filing and approval period 
3. undertaking period 

Let’s go over each in more detail: 

1. Preparation of documents 

Canadian family sponsorship application starts when all the required documents have been submitted to Immigration, Refugees, and Citizenship Canada (IRCC). Before that, the sponsor and the relative must prepare all the documents required. The documents usually prove or provide information on the following: 

• identity of the relative such as birth certificate, baptismal certificate, and school records 

• documents showing civil status such as marriage certificate, certificate showing no previous marriage, decree of divorce, or others 

• travel documents and passport 

• proof of relationship to sponsor 

• police certificates and clearances 

This process alone could take months depending on where your family is immigrating from. Different territories, like the UK, have their own procedures to secure these documents.  

2. From filing to approval 

Upon submission, Canadian family sponsorship processing times can be 10 to 24 months. While waiting, the relative could be in a foreign country or in Canada using a valid visa.  

This processing time is an estimate. It could be longer because of missing documents or the number of pending applications. 

Here’s some update from Canada about changes in processing time of immigration applications: 

3. From approval to undertaking length 

Most people think that Canadian family sponsorship covers the period from application to approval. That’s not the case at all.  

The real work happens after approval of the application. At this point, the sponsor will enter into an agreement with the government and undertake to support the sponsored family member for a set period. 

The period itself varies depending on who you’re sponsoring and where you’re located. Here’s an easy view of the Canadian family sponsorship undertaking: 

Québec also requires a sponsor to help with the integration process. This means facilitating the relative’s access to public services and learning French.  

The additional complexity of Québec Canadian family sponsorship typically requires the involvement of a Québec-based immigration lawyer. 

Questions during Canadian family sponsorship interviews 

Interviews may seem nerve-wracking, but they aren’t always necessary. Interviews are more common for spousal sponsorship to ensure that the relationship is legitimate.  

For relatives, the interview focuses on the relationship itself. Immigration officers may ask questions that establish personal relations and the admissibility of the sponsored individual. 

Canadian family sponsorship fraud and penalties 

A citizen or permanent resident of Canada may be liable for criminal charges if they knowingly helped in a fraudulent application. Some common examples of fraud: 

• pretending that a relationship exists  
• submitting fake documents 
• lying on the application 
• not declaring family members 

If fraud is proven, here are the possible penalties for both the sponsor and the person being sponsored: 

The undertaking is a valid contract. Failure to comply with the undertaking can lead to penalties, sanctions, or even prohibition from future sponsorships.  

None of these events affect the duration of the undertaking: 

• the sponsored person acquires Canadian citizenship 
• the sponsor’s financial situation drastically changes; or  
• the sponsor withdraws the sponsorship application, but the withdrawal was received after the sponsored family member or relative became a permanent resident in Canada 

Application denied; what happens next? 

Done properly, Canadian family sponsorship should end with an approval. Unfortunately, that’s not always the case.  

Denials can happen for several reasons. It could be because of the ineligibility of the sponsor, the inadmissibility of the relative, or failure to provide all the necessary information. The good news is that denial is not the end. 

Sponsors can appeal a denial or re-apply with the government agency. The solution depends on the reason for the denial. For example, if the denial is because of an ongoing undertaking, then re-application is possible after the initial undertaking ends. 

An appeal is possible if there is a failure to appreciate some of the evidence submitted. For example, if the immigration officer isn’t convinced about the familial ties, you can appeal that decision. An appeal must be made within 30 days from the time the sponsor finds out about the denial. 

Having excellent immigration lawyers should also increase chances of approval even after denial. 

Best practices for approval 

The best practice for Canadian family sponsorship is to tell the truth. Do not try to trick the system because there will be consequences.  

The key is to do the work, be honest, and comply with the obligations imposed by the Canadian government. Having professional help can also go a long way in ensuring a favourable outcome for applicants. 

For detailed guidance, consult with the best immigration lawyers in  your province or territory.