IMM 5289 PDF

You can request this publication in another format. If you pay someone or otherwise compensate them in any way in exchange for their services, they must be someone who is authorized to do so. If you have any concerns about the assistance you have been given, you can file a complaint. This guide is designed to give you more detailed information and guidance. For explanations of the terms used in the application process, see Appendix A: Key definitions. Step 5 will help you avoid common mistakes.

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Gather all documents Step 2. Complete the application Step 3. Pay the fees Step 4. Mail the application What happens next? This publication is available in alternative formats upon request. Print Overview Application package This application package consists of: an instruction guide and the required forms The instruction guide is a tool that provides: the information you must know about this application before sending it to Citizenship and Immigration Canada CIC and assistance with how to fill out the forms and the required supporting documents Read the instruction guide thoroughly and then fill out each of the applicable forms.

The forms are specifically designed with questions that will assist the processing of your application. Symbols used in this guide This guide uses the following symbols to indicate information of particular importance. What you must do to have your application processed. Where to get more information. Note: Tips that will assist you with this application. The application process The instructions provided in this guide follow the basic steps you will need to know to complete your application.

Gather documents Complete the application Pay the fees Mail the application Before you apply Before you fill out the forms, read the following important information: Things to remember A foreign national cannot become a permanent resident in Canada if he or she is inadmissible for reasons other than lack of legal immigration status in Canada. A temporary resident permit TRP holder is inadmissible unless the circumstances that lead to the issuance of the TRP are resolved.

The person being sponsored must resolve the circumstances that resulted in the inadmissibility before submitting an application for permanent residence.

The family class is aimed at faster processing of spouse or commonlaw partner applications from applicants outside Canada. Processing times for spouses or commonlaw partners in Canada are generally longer. The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site. Processing times may be longer if the principal applicant has dependent family members outside Canada that are included in the application for permanent residence.

The person being sponsored will not be granted permanent residence until family members have been examined and have passed medical, background and security requirements. Dependent children include children in the custody of a former spouse or commonlaw partner. The person being sponsored should resolve any child custody disputes before submitting an application.

Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker. The person being sponsored has no guarantee that he or she will be permitted to return or reenter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada. Applications in this category cannot be transferred to immigration offices outside Canada. Guide - Spouse or Common-Law Partner in Canada Class Maintaining legal status Spouses and commonlaw partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor.

All other eligibility requirements continue to apply. Important information. Applicants who wish to be able to continue to work and study in Canada must submit an application for extension before the work or study permit expires. The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence.

The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident. The conditional measure only applies to permanent residents whose applications are received on October 25, , or after the day that the amendments come into force.

Examples Condition applies if the couple: is married for two years or less; or dated for four years, but is married for two years or less; or have been in a conjugal relationship for two years or less; or has cohabited in a common-law relationship for two years or less; and Do not have any children in common Condition does not apply if the couple: is married for more than two years; or have been in a conjugal relationship for more than two years; or has cohabited in a common-law relationship for more than two years; or Have children in common.

For more information, consult the Frequently Asked Questions. What does it mean to sponsor? When you agree to be a sponsor, you must sign a contract called an undertaking. The undertaking is a promise to provide financial support for your spouse or commonlaw partners basic requirements and those of his or her dependent children. Note: Basic requirements are food, clothing, shelter and other needs for everyday living. Dental care, eye care and other health needs not covered by public health services are also included.

The undertaking guarantees that the principal applicant and his or her dependent children will not have to apply for social assistance. Sponsorship eligibility In order to sponsor, you must be 18 years of age or older, be a Canadian citizen or permanent resident, be sponsoring a member of the Spouse or Commonlaw Partner in Canada Class, live in Canada and continue to live in Canada after the sponsored person obtains permanent resident status, sign an agreement with your spouse or commonlaw partner confirming that each of you understands your obligations and responsibilities, sign an undertaking promising to provide for your spouse or commonlaw partners basic requirements and, if applicable, those of his or her dependent children, prove that you have sufficient income to provide basic requirements for your spouse or commonlaw partners dependent children.

To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.

You may NOT sponsor if you signed an undertaking for a previous spouse or commonlaw partner and three years have not elapsed since he or she became a permanent resident, receive social assistance for a reason other than disability, are in default of an undertaking, an immigration loan, a performance bond, or family support payments, For more information.

See: Defaults below. See Sponsorship Bar for Violent Crime were previously sponsored as a spouse , common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago, For more information. See Five-year Sponsorship Bar are under a removal order, are detained in a penitentiary, jail, reformatory or prison, have already applied to sponsor your current spouse or commonlaw partner and a decision on your application has not yet been made.

If you are in default and you submit an application to sponsor, it will be refused and the sponsorship fees that you have paid will not be refunded or applied to subsequent sponsorship applications. A previous sponsorship undertaking Relatives you sponsored in the past received social assistance or welfare while the undertaking was valid. You may not sponsor until you repay the full amount of any social assistance or welfare payment or repay the debt to the satisfaction of the government authority that issued the benefit or ordered you to pay.

An immigration loan You received a transportation, assistance or Right of Permanent Residence Fee previously called the Right of Landing Fee loan and have missed payments or are in arrears.

You may not sponsor until you pay all arrears on your loan. For more information, contact Collection Services at in Canada and the United States only. Support payment obligations You were ordered by a court to make support payments to a spouse or child and have neglected to do so.

You may not sponsor until you resolve the family support matter. A performance bond You agreed to pay money to guarantee that an immigrant would fulfil his or her obligations under immigration legislation. You may not sponsor until you pay the full amount of the bond. Provincial Authorities Contact Information If at any time during the validity period of the undertaking you signed, the person you are sponsoring or their family members had to depend on financial support from a federal, provincial or municipal assistance program, you are considered in default of your obligations.

If you need information about how to repay the money owed, contact the corresponding provincial office listed below. The services offered by these offices are available during local business hours only. If you would like information about other immigration issues, contact our Call Centre or visit our website.

Box St. You may sponsor your spouse or common law partner if he or she meets the following requirements: lives with you in Canada, has a valid passport or travel document, is 16 years of age or older, is your spouse or commonlaw partner for genuine reasons and not primarily to obtain permanent www.

If your spouse is of the: opposite sex and your marriage took place outside Canada, the marriage must be valid both under the laws of the jurisdiction where it took place and under Canadian law; same sex, the marriage will be recognized for immigration purposes, where the marriage: 1. For more information. To assist in determining if your same-sex marriage is recognized for immigration purposes, consult our Web site at: www.

Family members Your family members include your spouse or common-law partner, your dependent children and any children that are their dependent children. Spouse Common-law partner Refers to either of the two persons opposite or same sex in a marriage legally recognized in the country in which it took place, as well as in Canada.

Refers to a person who is living in a conjugal relationship with another person opposite or same sex , and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people. This can be shown with evidence that the couple share the same home, that they support each other financially and emotionally, that they have children together, or that they present themselves in public as a couple.

Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control for example, civil war or armed conflict may still qualify and should be included on the application.

Dependent children Refers to the children of the applicant or those of the spouse or common-law partner. They must: be under the age of 22 and not have a spouse or common-law partner, or www. Dependent child of a dependent child Refers to children of dependent children of the applicant or those of the spouse or common-law partner.

Who may not use this application package? If the person you want to sponsor lives outside Canada. If you intend to appeal if the application is refused. You cannot use this guide. Definitions of dependent child types A, B and C Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements of types A, B or C below: TYPE A TYPE B The child is under the age of 22 and is single not married and not in a common-law relationship.

The child has been continuously enrolled in and in attendance as a fulltime student at a post secondary institution accredited by the relevant government authority and has depended substantially on the financial support of a parent either: since before the age of 22, or since marrying or entering into a common-law relationship if it happened before the age of TYPE C The child is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22, and is unable to provide for himself or herself because of a medical condition.

Note: Dependent children must meet one of the above definitions on the day CIC receives your application. For types B and C , the dependent children must continue to meet this definition for permanent residence to be granted or for a permanent resident visa to be issued. Length of undertaking Your obligations as a sponsor begin as soon as you sign the undertaking. The table below will help you determine how long your undertaking will be valid.

Your spouse or common law partner Length of undertaking 3 years from the day spouse or common-law partner becomes a permanent resident. Length of undertaking 3 years from the day dependent child becomes a permanent resident.

Dependent child under 22 years of age Your dependent child or the dependent child of your spouse or commonlaw partner and is under 22 years of age on the day he or she becomes a permanent resident. Length of undertaking 10 years from the day dependent child becomes a permanent resident, or until the child reaches 25 years of age, whichever comes first. Suspension of processing If any of the proceedings below apply to you and you submit a sponsorship application, your application will not be processed until a final decision on that proceeding is made.

Proceedings have been initiated against you to revoke your citizenship You are the subject of a certificate signed by the Minister of Citizenship and Immigration and the Solicitor General of Canada stating you are inadmissible on grounds of security, human or international rights violation, serious criminality or organized criminality You have been charged with an offence that is punishable by a maximum term of imprisonment of at least ten years May I cancel my undertaking after it has been approved?

If you change your mind after submitting the sponsorship application and undertaking, you must write us a letter before your spouse or common-law partner is granted permanent resident status. If the CPC agrees to the withdrawal, there is no repayment of processing fees for an application for permanent residence and there is no right of appeal. If your spouse or common-law partner has already been granted permanent resident status, the promise you made to support your spouse or common-law partner will be valid for the term of your undertaking.

Under no circumstances does the granting of Canadian citizenship, divorce, separation or moving to another province cancel the undertaking. The undertaking also remains in effect if your financial situation deteriorates.

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