Sponsorship of Children

Sponsorship of children within the context of the Canadian immigration system includes sponsorship of:

 

• Dependent children
• Orphaned children
• Adopted children

Dependent Children

 

Canadian citizens and permanent residents can sponsor their biological or adopted children for permanent residency. Unfortunately, not every child is eligible to be sponsored. The prospective applicant must be a definition of “dependent child” as per the Immigration and Refugee Protection Regulations (IRPR). Children under the age of 22 y.o. who are single may, generally, be sponsored. However, some exceptions apply for the overaged children as well.

 

Orphaned Children

 

It is possible to sponsor a child whose both parents are deceased if the child is:

 

• A brother, sister, nephew, niece, grandson or granddaughter of a Canadian citizen/permanent resident sponsor;
• Is under 18 years of age;
• Is single.

Adopted Children

 

If a sponsor adopted a child overseas, it is possible to bring the child as a permanent resident to Canada under the sponsorship program, provided that:

 

• Adoption was valid in the country where it took place; and
• The adoptive parent(s) and the child established a genuine parent-child relationship.

To be approved as a sponsor, a Canadian citizen/permanent resident must meet certain eligibility criteria. There is generally no financial requirement in sponsorship of dependent children, however, there are situations where the sponsor must meet the Low Income Cut Off (LICO) while sponsoring a child.

 

Upon submission of sponsorship application, a sponsor undertakes to be financially responsible for the child either for 3 years, 10 years or until the child reaches the age of 25, depending on the child’s age when becoming a permanent resident. This undertaking is enforceable from the time an applicant becomes a permanent resident and it cannot be cancelled, despite any changes in the sponsor’s employment or personal situation.

 

One should not underestimate professional advice given during the sponsorship application, as a mere mistake or misunderstanding of rules and regulations by the applicants may end in the exclusion of their family members from being sponsored in the future.

 

Our team at ICC specializes in sponsorship cases. Contact us and one of our counsels will thoroughly review your situation, advise if your relative meets the definition of a family member eligible to be sponsored, evaluate sponsor’s eligibility and prepare a tailored sponsorship application.