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Family Class

Family Class. IRPRegs ss. 116-137 http://www.cic.gc.ca/manuals-guides/english/op/op02e.pdf Included Relationships (s1(1), 1(2), 1(3) 116) Spouse, common law partner, or conjugal partner Dependent Child (biological, adopted, step-child) < 22 and single, or

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Family Class

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  1. Family Class IRPRegs ss. 116-137 http://www.cic.gc.ca/manuals-guides/english/op/op02e.pdf Included Relationships (s1(1), 1(2), 1(3) 116) • Spouse, common law partner, or conjugal partner • Dependent Child (biological, adopted, step-child) • < 22 and single, or • full-time student, or physically/mentally unable to be financially self-supporting • common law partner (individual cohabiting in conjugal relationship for ≥ 1 year, unless cohabitation not possible due to persecution/any form of penal control) • Mother or father • Grandmother or grandfather

  2. Excluded relationships (s. 125): • fiancé(e) (to be dealt with under s. 25(1) H&C) • spouse or common-law partner < 16 years old • sponsor has existing sponsorship undertaking in respect of a spouse/common-law partner • sponsor is married to, or in common-law relationship with, someone else • spouse/common-law partner or child who has custody or is legally “empowered to act on behalf of” inadmissible dependent child (s.23) • relationships entered into “primarily for purpose of obtaining permanent residence in Canada”

  3. Spouse or Common-Law Partner in Canada Class (ss. 123-129) • permits in-land application for sponsorship as long as foreign national has temporary resident status in Canada and undertaking is in effect • dependent of applicant may also acquire permanent resident status if application by foreign national includes request for dependent to remain in Canada as permanent resident, and dependent is admissible

  4. Sponsorship (ss. 130-137) Eligible to sponsor: • ≥18 years old • Ineligible to sponsor: • in default of court-ordered spousal or child support payments, or sponsorship undertaking • indebted to HMRC (may include deposit, removal costs, social assistance repayment) • undischarged bankrupt • in receipt of social assistance except for reasons of disability • does not meet minimum necessary income, unless sponsoring spouse/common law partner or single, childless child < 22

  5. is subject to report of inadmissibility, subject to removal order • detained in jail/prison • convicted in or outside Canada during previous 5 years of a sexual offence/offence against the person in relation to a dependant

  6. Sponsorship application suspended until final determination of proceedings against sponsor or co-signer for: • revocation of citizenship • report on inadmissibility • offence punishable by maximum term ≥10 years Default of undertaking begins when: • gov’t makes payment that sponsor promised in undertaking to repay • obligation in sponsorship undertaking is breached

  7. Default ends when: • sponsor reimburses government concerned • sponsor ceases to be in breach Time limits for sponsorship (s. 132): Acquisition of temp. resident permit or permanent residence + • Spouse: 3 years • Dependent child < 22: 10 years or until child reaches 25, whichever comes first • Dependent child > 22: 3 years • Other: 10 years

  8. H&C in first draft of regulations • Exemption from requirements for permanent residence still require applicant to have arrangements for financial support other than social assistance and be otherwise admissible • Fiancé(e) must marry within 90 days of arrival and demonstrate proof of marriage within 180 days • Intended common-law partner must cohabit and demonstrate within 15 months that they meet definition of “common-law partner”

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