Spouse and Family
Spouse, common law and family member sponsorship
Spouse and family reunification is one of IRCC’s top priorities.
This category is for applicants who have a close relative who is a Canadian Citizen or Permanent Resident of Canada. Applicants under this category do not have to meet the point system or discretionary selection criteria used in the other application categories. Instead, they are sponsored by a relative who will provide assistance in the Applicant’s ability to establish themselves in Canada.
For details, please consult NLAi immigration services
Only the following family members may be sponsored:
- Spouses, common-law or conjugal partners 16 years of age or older;
- Brothers, sisters, nephews, nieces or grandchildren who are orphans; under the age of 18 and not married or in a common-law relationship.
- Parents and grandparents;
- Dependent children, including adopted children;
- Children under 18 years of age whom you intend to adopt;
- Children under guardianship;
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Spouse or common law partner in Canada
Spouse or Common Law Partner in Canada (SCLPC) is an independent from the general family class – sponsored family member. It has its uniqueness as quicker be process and is eligible to apply an open work permit while waiting for the PR application to process. While maintaining legal status in Canada is important, SCLPC is more lenient towards applicant’s overstay situation. Immigration Canada would not turn down a SCLPC application simply because applicant is Out of Status in Canada.
As so many marriage of convenience abusing the immigration system, IRCC now request more to prove the relationship is genuine, continuous and not enter for attaining PR purpose. It become harder than it used to be, from applicant’s perspective. While it is easier to prove by living together in Canada, SCLPC applicant does not have appeal right should IRCC refuse the application.
MNI & LICO
MNI, minimum necessary income is threshold required any Canadian citizen or PR must demonstrate before they apply to sponsor their oversea family member(s). Only spouse or common law partner and their dependent child(ren) are exempted from meeting the MNI. LICO stands for low income cut-off, established by Statistics Canada. MNI is LICO +30%.
Sponsor and co-signer’s total income must meet or exceed the MNI on the date of the sponsorship application until the day the family members are granted status as permanent residents.
| Family Size | MNI 2018 | MNI 2017 | MNI 2016 |
|---|---|---|---|
| 2 persons | $40,381 | $39,813 | $39,371 |
| 3 persons | $49,642 | $48,945 | $48,404 |
| 4 persons | $60,271 | $59,426 | $58,768 |
| 5 persons | $68,359 | $67,400 | $66,654 |
| 6 persons | $77,095 | $76,015 | $75,174 |
| 7 persons | $85,836 | $84,631 | $83,695 |
| 7 persons + , each add | $8,740 | $8,616 | $8,522 |
Extend staying in Canada as a visitor
Family members may be on temporary resident visa in Canada before or during the application. To maintain valid legal status in Canada could be crucial.
Many clients understand there is a limit of time when visiting family or friend in Canada. If there is no specific stamp or CBSA officer writing states otherwise, you are allowed to stay in Canada for 6 months. At the end of your authorized stay in Canada, besides leaving the country, you have another option is to extend you’re the length of your stay by filing a VR (Visitor Record) application. Of course, you need to provide reason of prolonging the stay and justify other requirements. An Authorized Representative should be able to help you.
Overcome inadmissibility
Canada government cares about whether a temporary resident may post threat to Canada on ground of health, security etc. So some foreign national may be declared as inadmissible to Canada after IRCC examine his or her situation. The only remedy in scenario like this is to apply TRP (Temporary Resident Permit) to overcome. You are required to provide compelling reason and evidence that your visiting Canada won’t post any threat to the country or reasons of coming is weight much more than the potential harm might incur. There may get involved Humanitarian and Compassionate factors. This would be a time you need to consult an Immigration lawyer or immigration consultant