Canadian Immigration Categories

Family Class

1. Immediate family members can still be sponsored for admission to Canada subject to the following:
   • the new I&RPA introduces, for the first time, that common-law partners may be sponsored and define a ‘common-law partner’ to include a person who is cohabiting in a conjugal relationship with another person, having so cohabited for a period of at least one year;
   • provides that an individual in a conjugal relationship for at least one year with a person, but who is unable to cohabit with the person, due to persecution or any form of penal control, may be considered a common-law partner of that person;
   • add the words ‘and common-law partner’ where the term ‘spouse’ appears so that all provisions applicable to spouses are applicable to common-law partners;
   • exclude relationships of convenience entered into for immigration purposes;
2. For spouses and common-law partners in Canada, the Regulations:
   • create an in-Canada landing class for sponsored spouses, common-law partners and their dependent children;
   • allow in-Canada spouses and common-law partners to work while their application is in process; and
   • define the requirements to be met by spouses and common-law partners in Canada.
3. For fiancé(e)s and intending common-law partners, the IRP Regulations:
   • no longer include the relationship of fiancé(e) in the definition of family class;
   • prescribe that the application of a fiancé(e) or intending common-law partner, to a Canadian citizen or permanent resident, will be considered pursuant to subsection 25(1) of the IRPA under humanitarian and compassionate/public policy provisions.
4. For dependent children, the Regulations:
   • broaden the definition of a dependent child to include children under 22 years of age, (increased from 19 years), who are not in a conjugal relationship at the time of sponsorship or immigration application (even though they may have been in a conjugal relationship in the past); and
   • now include unmarried children over 22, if they are full-time students, mentally or physically disabled and dependent on their parents.
5. For sponsorship eligibility and duration, the Regulations:
   • reduce the age at which Canadian citizens or permanent residents are eligible to sponsor, from 19 to 18 years of age;
   • reduce the length of sponsorship undertaking from 10 to 3 years for spouses and common-law partners;
   • increase the duration of sponsorship undertaking for children from a maximum of 10 years to 10 years or age 22, whichever is longer;
   • simplify calculation of income for the purpose of sponsorship by allowing sponsors to use last year’s filed federal income tax form as evidence of adequate income; and
   • allow for the consideration of other evidence of income, when appropriate.

    

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