Permanent Residence: (FOLLOW THE IRPR - TABLE OF CONTENT PART 5, 6, 7,8, AND IRCC requirement maybe? - COMPLETE EACH BRIEFLY)
A person from another country can not enter, remain, and live in Canada permanently unless they first get a permanent resident visa.
There are various immigration routes that allow individuals to obtain Canadian permanent residency. For instance, one can achieve permanent resident status through economic immigration, business immigration, sponsorship, or refugee/humanitarian programs.
Economic Classes
SKILLED WORKERS
Express Entry:
Express Entry is an online system for skilled workers applying to move to Canada. If you qualify, you can also apply for the Provincial Nominee Program through Express Entry, which speeds up the process. It's the way the Canadian government manages applications for skilled workers wanting to live in Canada permanently. The main federal economic programs it manages are the Federal Skilled Worker (FSW), Canadian Experience Class (CEC), and Federal Skilled Trades (FST).
Federal Skilled Worker (FSW): The Federal Skilled Worker Class is a group of skilled individuals who can become permanent residents in Canada because of their ability to financially support themselves. You should plan to live in a province other than Quebec and be admissible to Canada.
The skilled worker should attain at least the minimum required points based on the following six factors:
Education
Proficiency in the official languages of Canada
Experience
Age
Arranged employment
Adaptability, containing other pointability qualifications….
Canadian Experience Class (CEC): The Canadian Experience Class is a group eligible for permanent residency based on work experience in Canada and the ability to support themselves and their family, financially. Not all work experiences in this category qualify individuals, but if they do, a specific level of language proficiency should be met, depending on the level of work experience. You should also plan to live in a province other than Quebec and be admissible to Canada.
Canadian Experience Class (CEC)
The Canadian Experience Class is a group eligible for permanent residency based on work experience in Canada and the ability to support themselves and their family, financially in Canada. Not all work experiences in this category qualify individuals, but if they do, a specific level of language proficiency should be met, depending on the level of work experience.
To enter Canada, you must meet admissibility requirements and be admissible. It's also important to plan to live outside the province of Quebec, which has its own selection process for skilled workers. While completing your profile, IRCC will inquire about the Canadian province or territory where you intend to live, but you're not obliged to settle there as settling there is not mandatory. However, if you're a Provincial Nominee, you must live in the nominating province or territory.
Minimum Requirements:
1- Canadian skilled work experience
Within the three years before applying for permanent residence, you must have at least one year of full-time work experience (or the equivalent in part-time work experience) in specific occupations listed in TEER Categories 0, 1, 2, or 3 of the National Occupational Classification, excluding restricted occupations.
During your employment, you should have performed the actions and duties outlined in the occupational descriptions of the National Occupational Classification for the relevant occupation, including all of the essential duties, and most of the main duties.
If you were studying full-time while working (even if you were on a co-op work term), that time doesn't count as work experience. Any time spent in self-employment or doing unauthorized work won't be considered as work experience. Nevertheless, some exception might apply.
Your skilled work experience must involve paid work, including wages or earned commission. Volunteer work or unpaid internships are not considered.
Who is not eligible for Canadian Experience Class
If you are a refugee claimant in Canada, working without authorization, or your work experience was gained without temporary resident status in Canada, you will not be
eligible for the Canadian Experience Class?
2- Language ability
Your language proficiency in English or French must be assessed by a designated organization or institution using an approved language test. The results should meet the required threshold in each of the four language skill areas. Your language test results must remain valid for two years from the test date and must still be valid on the day you submit your permanent residence application.
If you have work experience in more than one occupation, you must meet the language proficiency threshold for the occupation in which you have more work experience.
For TEER categories 0 or 1, a minimum language proficiency of CLB 7 for English or NCLC 7 for French is required. For TEER categories 2 or 3, the minimum language proficiency is CLB 5 for English or NCLC 5 for French.
The Canadian Experience Class does not have a specific education requirement. However, to enhance your Express Entry ranking, you have two options:
1- If you studied in Canada, you can earn points for your Canadian certificate, diploma, or degree.2- If you have foreign education, you can earn points by providing an educational credential and an assessment report showing equivalence to a Canadian certificate, diploma, or degree.
Terminology and definition
One year of work experience This means you worked a total of 30 hours per week for 1 year in the 3 years before you apply. For example: Full-time at 1 job Thirty hours per week for 12 months is equal to 1 year full-time (1,560 hours). Equal amount in part-time work Fifteen hours per week for 24 months is equal to 1 year full time (1,560 hours) You can work as many part-time jobs as you need to meet this requirement. Full-time work at more than 1 job Thirty hours per week for 12 months at more than 1 job is equal to 1 year full time (1,560 hours). Any hours you work above 30 hours per week will not be counted.
Federal Skilled Trade (FST):
The Federal Skilled Trades Class encompasses skilled trade occupations listed in the National Occupational Classification (NOC), including:
Major Group 72 (technical trades and transportation officers),
Major Group 73 (general trades),
Major Group 82 (supervisors in natural resources),
Major Group 83 (occupations in natural resources),
Major Group 92 (processing, manufacturing, and utilities supervisors),
Major Group 93 (central control and process operators),
Minor Group 6320 (cooks, butchers, and bakers), and
Unit Group 62200 (chefs).
In most cases, applicants under the Federal Skilled Trades Class must show they have Settlement Fund (funds equal to half the minimum necessary income for the skilled trades worker and their family), available, transferable, and free from debts However, certain situations, outlined as exceptions, exist for specific foreign nationals.
Skilled trades workers in the NOC-listed occupations may become permanent residents based on their financial (economic) establishment ability in Canada within a skilled trade, with the intention to reside outside Quebec.
Minimum requirements
1- Language ability:
You demonstrate language proficiency by meeting specific language test thresholds. To meet language requirements for the Federal Skilled Trades Program, you must take approved language tests assessing your writing, reading, listening, and speaking abilities. Ensure the test results are entered in your Express Entry profile, and the language tests are valid for two years from the test date, remaining valid on the day you apply for permanent residence.The minimum scores required are:
CLB 5 for English speaking and listening,
CLB 4 for English reading and writing,
NCLC 5 for French speaking and listening, and
NCLC 4 for French reading and writing.
2- Skilled trades work experience:
Within the five years before applying, you have at least two years of full-time work experience in the skilled trade occupation specified in their application, performing essential duties listed in the National Occupational Classification.
You must meet the employment requirements of the skilled trade occupation, excluding the need for a certificate of qualification from a provincial authority.
You must indicate that you performed the actions and duties outlined in the occupational descriptions of the National Occupational Classification, including all of the essential duties, and most of the main duties.
3- Job offer or certificate of qualification, fulfilling at least one of the following:
Hold a certificate of qualification from a provincial or federal authority.
Hold a valid work permit in Canada with specific employment conditions.
Hold a valid work permit under certain circumstances and have a qualifying job offer.
Have a valid offer of employment for at least one year from up to two employers.
Have a qualifying job offer without a valid work permit, approved by an officer based on a valid assessment.
Hold a valid work permit or work authorization in Canada on the application date and issuance date, meeting specific conditions.
What is a certificate of qualification
A certificate of qualification is a document that confirms your eligibility to work in a specific skilled trade in Canada. It signifies that you have successfully passed a certification exam and fulfilled all the requirements to practice your trade in the province, territory, or under a federal authority that issued the certificate. The assessment for obtaining this certificate involves an evaluation of your training, trade experience, and skills. Depending on the issuing body, it may be referred to as a "certificate of qualification" or a "qualification certificate."
To obtain a certificate of qualification, you need to be assessed by the province or territory where you want to live and work. Each province and territory has its own set of requirements and certification process. This assessment may involve going to the province or territory for evaluation, and you might require an employer in Canada to provide you with experience and training. If the province or territory doesn't issue certificates for your trade, having a valid job offer in your trade is necessary for eligibility in this program.
In cases where your trade is federally regulated, such as airplane mechanics, it falls under federal jurisdiction rather than provincial or territorial regulation.
The Federal Skilled Trades Program doesn't have a mandatory education requirement. However, if you studied in Canada, you can earn points for a certificate, diploma, or degree. For foreign education, you need both a completed educational credential and an assessment report showing equivalence to a Canadian certificate, diploma, or degree.
To enter Canada, you must be admissible and meet admissibility requirements.
While completing your profile, IRCC will inquire about the Canadian province or territory where you intend to live, but you're not obliged to settle there as settling there is not mandatory. However, if you're a Provincial Nominee, you must live in the nominating province or territory.
Your application might be denied if your work experience doesn't match the description in the National Occupational Classification (NOC) or if you weren't qualified to independently practice the trade during that time. Also, only paid work (with wages or commission) is considered; volunteer work or unpaid internships won't be counted.
Atlantic Immigration Program (AIP):
The Atlantic Immigration Program is for skilled foreign workers and graduates from Canadian institutions who want to live and work in one of the four Atlantic provinces. The Atlantic immigration class refers to individuals who may become permanent residents in Canada because of their potential to achieve economic stability in the country. The program helps employers find qualified candidates for jobs they couldn't fill locally. You might be considered as a member of the Atlantic immigration class if:
An Atlantic province government issues an Endorsement Certificate for you. This certificate must be valid when you apply for a permanent resident visa and when the visa is issued.
You plan to live in the Atlantic province that issued the Endorsement Certificate.
You fulfill either the work experience criteria or recent graduate requirements.
You hold a job offer from a designated employer and obtain a settlement plan, which offers helpful resources and contacts to assist you and your family in adapting to your new life in Atlantic Canada.
You satisfy the educational prerequisites. If you studied outside Canada, you must obtain an Educational Credential Assessment (ECA) report, which indicates how your education aligns with Canadian standards.
You got your English or French language proficiency assessed by an approved organization or institution. The results must be within the last two years and show that you meet the required language skills.
You have transferable and available funds without debts or other obligations to support yourself and your family upon arriving in Canada. However, if you are authorized to work, currently employed, and living in Canada, you are not required to provide proof of settlement funds..
Terminology and definitions:
Atlantic province: Refers to one of the four provinces of New Brunswick, Nova Scotia, Prince Edward Island, or Newfoundland and Labrador.
Endorsement Certificate: An endorsement certificate is an official document issued by a province in Canada that confirms approval or support for a job offer extended by a designated employer.
Designated employer: It refers to an employer who has been authorized or designated by a province to offer job opportunities to foreign workers, particularly in programs like the Provincial Nominee Program (PNP) or the Atlantic Immigration Program. Designated employers play a crucial role in the immigration process, especially when a job offer is a prerequisite for a candidate's application for permanent residency.
Settlement fund: It refers to the financial resources that newcomers to Canada are required to have to support themselves and their family members upon arrival. This fund is expected to cover living expenses, including housing, utilities, and other basic needs. The purpose of the settlement fund is to ensure that immigrants have the financial means to establish themselves in their new community and address initial costs until they secure employment or settle into their new life. The specific amount required may vary based on immigration programs and family size.
Provincial Nominee Program (PNP)
This program is for those who aim to live in certain Canadian provinces or territories and have the ability to financially support themselves and their families in Canada. If eligible, the province will issue a Nomination Certificate in the individual’s name that qualify them to apply for permanent residence within the specified timeframe. The province of Quebec and territory of Nunavut are not have PNP and immigrating to those destinations follows different paths. The participating provinces and territories in the PNP are:
Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland and Labrador
Northwest Territories
Nova Scotia
Ontario
Prince Edward Island
Saskatchewan
Yukon
You may apply for the Provincial Nominee Program via Non-Express Entry or Express Entry processes
Non -Express Entry process: If eligible, applicants nominated under a non-Express Entry PNP stream should apply for permanent residence directly through the website of the respective province or territory.
Express Entry process: Applicants should first create an Express Entry profile and get accepted into the pool. They must meet the eligibility criteria for one of the Express Entry programs and one of the provinces or territories participating in the Provincial Nominee Program (PNP). Additionally, they need to receive a nomination from the respective province or territory.
Terminology and definitions:
Nomination Certificate: A Certificate of Nomination is an official document issued by a Canadian province or territory, endorsing a foreign national for a specific immigration program, such as the Provincial Nominee Program (PNP). It signifies that the individual has been nominated for permanent residency.
Express Entry pool: The Express Entry pool is a platform in the Canadian immigration system where individuals interested in immigrating to Canada through economic immigration programs submit their profiles. This pool includes candidates for programs such as the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class. Candidates in the pool are ranked based on a Comprehensive Ranking System (CRS), and those with high scores are invited to apply for permanent residence during regular draws conducted by Immigration, Refugees and Citizenship Canada (IRCC)
Quebec Skilled Worker Class
BUSINESS IMMIGRANTS:
Canada invites accomplished business professionals who are in search of new opportunities and challenges. The Business Immigration Program is crafted to promote and simplify the entry of these individuals. Both the federal and provincial/territorial governments extend a warm welcome to business immigrants, providing services to assist them in initiating businesses and establishing a life in Canada.
Start-Up
The Canada Start-up Visa Program seeks immigrant entrepreneurs with the ability to innovate, create jobs for Canadians, and compete globally. It aims to attract individuals who can contribute to the Canadian economy by establishing and growing businesses outside the province of Quebec. This program aligns with Canada's goal of fostering innovation, supporting local employment, and enhancing international competitiveness. The start-up business class allows a maximum of five applicants to be considered for the same business.
To qualify as a member of the start-up business class, you need to fulfill the following conditions:
You should have obtained a Letter of Support which is commitment from one or more designated entities. This commitment must be less than six months old at the time of applying for a permanent resident visa.
You must submit language test results from a designated organization that is less than two years old. The results should show a minimum achievement of level 5 in all four language skill areas in either official language, as per the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens.
You should have initiated a qualifying business
You must have available funds, not tied to debts, equal to half the minimum annual income required to support themselves and their family in urban areas with a population of 500,000 or more.
Important Tip: These funds should not include any investment made by a designated entity into their business.
Optional work permit for the Start-up visa
If you've applied for permanent residence through the Start-Up Visa Program (SUV), you may qualify for an optional work permit. This permit allows you to work in Canada as an entrepreneur exclusively for the purpose of developing your business. It is specific to the Start-up Visa Program, valid for one year.
When applying for a work permit, you can potentially bring your spouse or common-law partner along with your dependent children. However, They ALL need to meet the requirements for temporary residence. Family members joining you can apply for an open work permit if eligible, and dependent children accompanying you can apply for a study permit. It is important to note that each family member needs to complete a separate application for a visitor visa, work permit, or study permit.
You can submit all family applications alongside your work permit application.
Terminology and definitions:
Designated Entity: A designated entity refers to an organization or entity that has been officially recognized or appointed for a specific purpose within a regulatory framework or program. Under the start-up business class program, a designated entity (a designated organization), engages in activities such as making commitments, providing advice, or participating in peer review panels. Designated entities permitted to invest in or assist potential start-ups through the Start-up Visa Program are listed below:
Venture capital funds
Angel investor groups
Business incubators
These organizations independently select which business proposals to evaluate, each having its own process and criteria for assessment. This may involve presenting your business concept in person or submitting a detailed business plan. If an organization opts to review your business idea, it will evaluate its potential for success; and if they decide to support your business, you will receive a Letter of Support.
Designated organization: With respect to the language requirement for the Start-up visa, a designated organization is an agency approved by IRCC through which you can take any of the following approved language tests:
English
CELPIP: Canadian English Language Proficiency Index Program. You need to take the CELPIP-General test.
IELTS: International English Language Testing System. You need to take the IELTS General Training test.
PTE Core
French
TEF Canada: Test d’évaluation de français
TCF Canada : Test de connaissance du français
Please note that LINC centres (Language Instruction for Newcomers to Canada) are not authorized testing agencies for those applying for a start-up visa.
Qualifying business: A qualifying business for an applicant is one that:
The applicant actively and continuously manages from within Canada.
An essential part of its operations takes place in Canada.
It is incorporated in Canada.
The ownership structure of the business should comply with specified percentages. This entails that when securing a commitment from a designated organization, each applicant—up to a maximum of five individuals applying as owners—must hold 10% or more of the voting rights associated with all outstanding shares of the corporation at that particular time; and the combined ownership of applicants and the designated organization should exceed 50% of the total voting rights linked to all outstanding shares of the corporation at that specific time.
Exception: A business not meeting all the requirements might still be considered a qualifying business if the applicant intends to fulfill these requirements after obtaining a permanent resident visa.
Voting rights: Voting rights mean the power a business owner has to vote on company matters. Each share they own allows them to participate in voting when decisions are made.
Available fund (Settlement fund): The Canadian Government does not provide financial assistance to new immigrants through the start-up visa program. When submitting your application, you must provide evidence of having sufficient funds to support yourself and your family upon arrival in Canada. It's important to note that you can’t borrow this money from another person. The required amount varies based on the size of your family and may change annually.
Self-Employed
The Self-employed Persons Program is part of the economic immigration category. If you are chosen, this program allows you to permanently move to Canada. A self-employed person is a foreign national with relevant experience who intends and is capable of being self-employed in Canada, making a substantial contribution to specific economic activities.
A self-employed person selected by a province: Relevant experience for a self-employed person chosen by a province is defined according to the laws of that province.
A self-employed person not selected by a province: Relevant experience, for a self-employed person (excluding those selected by a province), means having a minimum of two years of experience. This timeframe covers the five years before applying for a permanent resident visa, continuing until a decision is reached on the application. The experience criteria differ based on the field:
Cultural Activities:
Two one-year periods of self-employment in cultural activities,
Two one-year periods of participation at a world-class level in cultural activities, or
A combination of one year of self-employment (A) and one year of world-class participation (B).
Athletics:
Two one-year periods of self-employment in athletics,
Two one-year periods of participation at a world-class level in athletics, or
A combination of one year of self-employment (A) and one year of world-class participation (B).
Purchase and Management of a Farm:
Two one-year periods of experience in the management of a farm.
SELECTION CRITERIA
To assess whether a foreign national, as a member of the self-employed persons class, and their family members can achieve economic establishment in Canada, an officer will consider the following factors:
Age, up to a maximum of 10 points, for your age on the date on which your application is made. 16 or under and 54 or above will not gain any point for this factor.
Education, up to a maximum of 25 points: You can't combine points from multiple educational credentials as are awarded based on the credential that gives the highest points. However some exceptions apply.
Proficiency in the official languages of Canada, up to a maximum 24 points: You must indicate whether English or French is your first official language in Canada. Proficiency in the chosen language needs to be evaluated by a designated organization or institution. If you wish to claim points for proficiency in your second official language, you must submit an evaluation, conducted by a designated organization or institution, with your application. This evaluation must be less than two years old at the time of application. You’ll be given points based on your ability to listen, speak, read, and write.
You have the option to choose from these accepted language tests:
English:
CELPIP: Canadian English Language Proficiency Index Program. You need to take the CELPIP-General test.
IELTS: International English Language Testing System. You need to take the IELTS General Training test.
PTE Core
French:
TEF Canada: Test d’évaluation de français
TCF Canada : Test de connaissance du français
Experience, up to a maximum of 35 points; assessing your relevant experience from the five years before applying for a permanent resident visa (signing your application) until the decision on your application is made; and
Adaptability, up to a maximum of 6 points on the basis of any combination of the following elements:
3 to 5 points for educational credentials of your spouse or common-law partner
5 points for Previous study in Canada; whether by you or your accompanying spouse or common-law partner, with a valid study permit, completed as full-time study for a duration of at least two years at a post-secondary institution, must have been undertaken after the age of 17. It is not necessary to have obtained a degree or diploma for these two years of study
5 points for previous work in Canada; whether you, accompanying your spouse or common-law partner have accomplished at least one year of full-time employment in Canada with a valid work permit.
5 points for family relationships in Canada: You or your accompanying spouse or common-law partner have a family member (parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt or uncle, or grandchild of a parent, niece, or nephew) currently living in Canada as a Canadian citizen or permanent resident.
The maximum possible score is 100, with the current passing mark set at 35 points, but it may change.
Terminology and definition
Specified economic activities: For a self-employed person, excluding those selected by a province, specified economic activities refer to cultural activities, athletics, or the purchase and management of a farm. In the case of a self-employed person selected by a province, the definition is determined by the laws of that province.
Quebec (Investor/Entrepreneur/Self-Employed)
FAMILY SPONSORSHIP
Family Classes
The primary aim of the Family Class program is to ensure the reunion of families in Canada. This program encompasses individuals eligible for permanent residency, provided they fulfill the specified requirements. Through the Family Sponsorship Program, individuals from other countries can be included in the family category based on relationships such as spouses, common-law partners, children, parents, or other family members, as defined by Canadian citizenship or permanent residency regulations. The sponsor in Family Sponsorship Program commits to supporting family members, pledging to meet their basic needs for a designated period. This commitment is known as an undertaking. The basic requirements covered by the undertaking include food, clothing, shelter, fuel, utilities, household supplies, personal needs, and additional goods and services such as dental care, eye care, and other health needs not provided by public health care.
The following can be considered part of the family class and sponsored if, in relation to a sponsor, they are:
the sponsor’s spouse, common-law partner, or conjugal partner; however, they must meet the other requirements according to the Canadian law
a child dependent on the sponsor;
the sponsor’s mother or father;
the mother or father of the sponsor’s mother or father;
A person below 18 years old, who is not married or in a common-law partner, if their parents have passed away, and the person meets certain criteria
A person under 18, whom the sponsor plans to adopt in Canada, may be eligible if the adoption is not primarily for immigration purposes and is determined to be in the best interests of the child. For international adoption, the home country must be part of the Hague Convention (with necessary approvals). In non-Hague countries, the adoption must be legal, free from child trafficking concerns, and approved by the Canadian province. An adopted child over 18 might be eligible for sponsorship under specific circumstances. The adopted child must meet all other requirements.
a relative of the sponsor in specific circumstances
It's crucial to understand that if these individuals were not listed in the sponsor's application when they applied for permanent residence or if they don't meet the other eligibility criteria of the Family Class Sponsorship Program, they may not be considered as family members of the sponsor and could be excluded.
It is crucial to ensure that to ensure that the qualifications, relationships, or any other stipulated factors are consistently valid and maintained from the time of application until the application is thoroughly reviewed and processed by immigration authorities. It means that the conditions or criteria set for the application must be met by all parties at two key points in the immigration process:
At the Time of Application: The applicant and any associated individuals must satisfy the specified requirements when they submit their immigration application. This involves meeting criteria such as relationships, eligibility, or any other conditions outlined in the application process; and
During the Assessment of the Application: The fulfillment of requirements is an ongoing process. It's not just about meeting the conditions when you submit the application but also maintaining that eligibility throughout the assessment period. If, for example, relationships change or eligibility criteria are no longer met during the processing period, it may impact the application's outcome.
Spouse or Common-Law Partner in Canada Class
For eligibility in the Spouse or Common-Law Partner (CLP) in Canada class, the individual must be the spouse or common-law partner of a sponsor, cohabit with that sponsor in Canada as require, have temporary resident status, and be the subject of a sponsorship application.
The individual will not fall under the Spouse or Common-Law Partner in Canada class if the foreign national is the sponsor's spouse or common-law partner, and the sponsor already has an active sponsorship commitment for a spouse or common-law partner, with the specified period for that commitment not yet concluded.
The spouse or common-law partner will not be considered the sponsor's spouse or CLP in the following situations:
At the time of their marriage, either the sponsor or the spouse was the spouse of another person;
The sponsor has lived separately from them for at least one year, and either the sponsor is the common-law partner of another person or has a conjugal partner, or the foreign national is the common-law partner of another person or the conjugal partner of another sponsor.
During the marriage ceremony either one or both spouses were not physically present. Exemptions may apply in very special cases.
At the time the sponsor applied for permanent residence and became a permanent resident, the spouse or common-law partner was not included in the sponsor's permanent resident application, or if included, refused to be examined when required.
If a sponsor withdraws their sponsorship application for a family member before they become a permanent resident, the application won't proceed. Put simply, if the person supporting the visa changes their mind, before the family member become a permanent resident, the application won't move forward. But, if the application has already been approved and the sponsored family member has become a permanent resident, the sponsorship agreement should remain in effect.
Who can sponsor:
A sponsor must meet the following criteria:
Be a Canadian citizen or permanent resident who is at least 18 years old;
Reside in Canada; and
Have submitted a sponsorship application for a member of the family class or the spouse or common-law partner in Canada class in accordance with the requirements of the sponsorship program.
A Canadian citizen sponsor not residing in Canada may sponsor a foreign national, such as their spouse, common-law partner, conjugal partner, or eligible dependent child, if they intend to reside in Canada when the sponsored individual becomes a permanent resident and can provide evidence of this intention.
Undertaking: definition and:
This obligation starts on the day the foreign national enters Canada with a temporary resident permit, obtains one after applying to stay in Canada as a permanent resident, or becomes a permanent resident, depending on the situation. The obligation ends
For the sponsor's spouse, common-law partner, or conjugal partner: Three years after they become a permanent resident.
For a dependent child under 22: Ten years or until they turn 25, whichever comes first.
For a dependent child aged 22 or older: Three years after becoming a permanent resident.
For the sponsor's mother, father, or accompanying family member: Twenty years after becoming a permanent resident.
For any other foreign national: Ten years after becoming a permanent resident. I THINK THIS ONE IS FOR THE CASE WHERE THEY RECEIVE SOCIAL ASSISTANCE CHECK WITH THE IRCC WEBSITE TO SEE.
In the case of an undertaking to a province's competent authority:
For the sponsor's spouse, common-law partner, or conjugal partner: Three years after they become a permanent resident.
For a dependent child under 22: The later of the day they turn 22 or the last day of the ten-year period.
For a dependent child aged 22 or older: Ten years after becoming a permanent resident.
For the sponsor's mother, father, or accompanying family member: Twenty years after becoming a permanent resident.
For any other foreign national: Ten years after becoming a permanent resident.
For sponsoring a person aged 22 or older (or under 22 if they are the sponsor's spouse, common-law partner, or conjugal partner), a written agreement must be signed before approval, between the sponsor, any co-signer (if applicable), and the person being sponsored, including:
A commitment to provide for the person and their family during the applicable period.
A declaration that financial obligations won't hinder fulfilling the agreement and commitment to the Minister.
A statement by the person to make reasonable efforts for their own and their family's basic requirements.
The sponsor's undertaking may be co-signed by the sponsor's spouse or common-law partner, provided that the spouse or common-law partner meets the specified requirements. In this case:
The sponsor's income is calculated according to certain criteria.
The co-signing spouse or common-law partner shares joint and several or solidary responsibility with the sponsor for fulfilling the obligations in the undertaking and is similarly liable for any breaches of these obligations.
A sponsor, who became a permanent resident or Canadian citizen through spousal sponsorship, cannot sponsor a foreign national as a spouse, common-law partner, or conjugal partner unless they have held permanent resident or Canadian citizen status for at least five continuous years before filing the sponsorship application.
The sponsor must also meet the following requirements for a sponsorship application to be approved:
Demonstrate an intention to fulfill sponsorship obligations.
Not be subject to a removal order.
Not be detained in any penitentiary, jail, reformatory, or prison.
Not have been convicted under the Criminal Code, including offences against family members or those under care and control, or convictions related to sexual offences, violence, or bodily harm against specific individuals. Conditions may apply.
No criminal convictions in Canada or abroad for certain offenses. . Conditions may apply.
No default on sponsorship undertakings or court-ordered support payments.
Not an undischarged bankrupt.
No default on debt repayment to the Canadian government.
Compliance with provincial laws if residing in a specific province.
Not receiving social assistance for reasons other than disability.
Sufficient income, varying based on location and specific cases. The income requirement does not apply if the sponsored person is the sponsor's spouse without dependent children, the sponsor's spouse with a dependent child without dependent children, or in specific circumstances outlined in the law. To determine the sponsor's eligibility for a specific category, like sponsoring parents or grandparents, their total income is assessed based on the income reported in the tax assessments for the three years before the application. This income excludes certain sources like provincial allowances, social assistance, and specific government benefits. If there's a co-signer, their income is also considered. This process ensures the sponsor meets financial requirements. Updated evidence of income may be needed during the application process. If there's new information suggesting the sponsor can't meet their responsibilities or if more than a year has passed since the application, the officer may ask the sponsor for updated proof of income before deciding on the permanent residence application.
It's crucial to be aware that, even if the immigration requirements are satisfied, the processing of a sponsorship application may be suspended if the sponsor or co-signer is involved in specific legal proceedings. The application will remain on hold until these legal matters are resolved.
Undertaking and commitment in the province of Quebec: Special Considerations
If the sponsor resides in the Province of Quebec and the government has an agreement:
The sponsor's commitment follows the requirements of Quebec's immigration law.
The application will only be approved if the Province confirms the sponsor's ability to fulfill the commitment.
Certain federal requirements do not apply in this case.
Should I notify IRCC of changes in my family circumstances during processing:
It is the responsibility of the sponsor or applicant to inform IRCC of any changes in family circumstances, including but not limited to the following:
Newborns
Family members previously ineligible who become eligible due to regulatory amendments
A previously single family member's spouse or common-law partner
Previously non-accompanying family members who now become accompanying
Adoption of a child
Death of a family member
Marriage or divorce
Change in contact information
Decision to withdraw
Appointment or change of immigration representative
Appointment or change of designated individual
MENTION THE INADMISSIBILITY REQUIREMENT
INCLDUE THE REQUIREMENT OF Undertaking
Terminology and definition
Undertaking:
Undertaking binding:
A valid sponsorship Undertaking
Agreement:
Co-signer:
Spouse:
Common-law Partner
Conjugal partner
Dependent Child
Accompanying family member
Non-accompanying family member:
Parent Grandparent
Permanent resident visa
Permanent resident status
Inadmissible vs admissible
Refugee Classes:
REFUGEE AND HUMANITARIAN AND COMPATIONATE GROUNDS
Pilot Programs:
CAREGIVER
RURAL AND NORTHERN IMMIGRATION PILOT (RNIP)