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Sponosor your spouse dependent child in Canada class

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发表于 8/12/2018 16:50:12 | 显示全部楼层 |阅读模式
 楼主| 发表于 8/12/2018 18:39:10 | 显示全部楼层
本帖最后由 郭国汀 于 8/12/2018 18:43 编辑

Spouse or Common-Law Partner in Canada ClassMarginal note:Class
For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
A foreign national is a member of the spouse or common-law partner in Canada class if they
  • are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
  • have temporary resident status in Canada; and
  • are the subject of a sponsorship application.

Excluded relationships
  • A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

    • the foreign national is the sponsor’s spouse or common-law partner and is under 18 years of age;
    • the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;
    • the foreign national is the sponsor’s spouse and

      • the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or
      • the sponsor has lived separate and apart from the foreign national for at least one year and

        • the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or
        • the foreign national is the common-law partner of another person or the conjugal partner of another sponsor;



    • the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or
    • subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.


  • Exception
    Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  • Application of par. (1)(d)
    Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph,

    • the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    • the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.


  • Definition of former Act
    In subsection (2), former Act has the same meaning as in section 187 of the Act.


  • SOR/2004-167, s. 43;
  • SOR/2010-195, s. 13;
  • SOR/2015-139, s. 3.

Previous Version
Withdrawal of sponsorship application
A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.
Approved sponsorship application
For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Requirements — family member
The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:
  • subject to subsection 25.1(1), the person is a family member of the applicant both at the time the application is made and at the time of the determination of the application; and
  • at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident.


  • SOR/2014-133, s. 7.

Previous Version
Requirements for accompanying family members
A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that
  • the person who made the application has become a permanent resident; and
  • the family member is not inadmissible.


  • SOR/2008-202, s. 10(F).

Previous Version
DIVISION 3  Sponsors Sponsor
  • Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

    • is at least 18 years of age;
    • resides in Canada; and
    • has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.


  • Sponsor not residing in Canada
    A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
  • Five-year requirement
    A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.


  • SOR/2012-20, s. 1;
  • SOR/2015-139, s. 4.


 楼主| 发表于 8/12/2018 18:54:06 | 显示全部楼层
Sponsoring your spouse or common-law partner who lives with you in Canada
You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada and has temporary resident status.
Your spouse or common-law partner can’t become a permanent resident in Canada if they’re inadmissible for any reason other than not having legal immigration status in Canada. A public policy also covers spouses and common-law partners who will be assessed for permanent residence even if they have no legal immigration status in Canada. Before applying, your spouse or common-law partner in Canada must resolve any other situation that made them inadmissible.
To qualify under the Spouse or Common-Law Partner in Canada class, the sponsored person must:
  • be the spouse or common-law partner of a Canadian citizen or permanent resident in Canada and
  • have legal immigration status
Your spouse or partner may be eligible for an open work permit. For more information, see the section about Working and studying for spouses and partners below.

Important information: if your spouse or partner is already working or studying in Canada and would like to continue, they must apply for an extension before their work or study permit expires.

Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.
If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.


 楼主| 发表于 8/12/2018 18:58:28 | 显示全部楼层
Working and studying – spouses and common-law partners in Canada
If your spouse or common-law partner already has a work or study permit, he or she may continue to work or study as long as the permit is valid. It is illegal to work or study without authorization from IRCC.

Can my spouse or partner work in Canada?
If your spouse or common-law partner already has a work permit, he or she may continue to work as long as the permit is valid.
If your spouse or common-law partner is living in Canada with you and is applying as a member of the Spouse or Common-Law Partner in Canada class, they can also apply for an open work permit when they apply for permanent residence. They must include a completed Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 484.21KB) and the correct fee, explaining that they are applying for an open work permit.
If your spouse or common-law partner has already submitted an application for permanent residence but hasn’t applied for an open work permit, they can submit a completed IMM 5710 and the correct fee to this address:
  • CPC – Vegreville
    WP - Unit 777
    6212-55 Avenue
    Vegreville, AB
    T9C 1X6

See the Help Centre for information about Open work permits for spouses and partners.
Note: If you’re applying under the Spouse or Common-Law Partner in Canada class and you’ve submitted an application for an open work permit, your work permit will normally be processed within four months.

Can my spouse or partner study in Canada?
If your spouse or common-law partner already has a study permit and wants to keep their temporary resident status as a student, they may submit an Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709] (PDF, 488.83KB). See the guide for more instructions.
Otherwise, we will advise your spouse or common-law partner in writing when they’re eligible to apply for a study permit.

Sponsoring your dependent children
You can sponsor your dependent children outside Canada who meet the following definition:

Definitions of dependent children
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:
  • They’re under 22 years old, and
  • They don’t have a spouse or common-law partner
Children 22 years old or older qualify as dependants if they meet both of these requirements:
  • They have depended on their parents for financial support since before the age of 22, and
  • They are unable to financially support themselves because of a mental or physical condition
Dependants must continue to meet these requirements until they enter Canada as a permanent resident.
If we received your permanent residence application on or before October 23, 2017, a previous definition of dependent children may apply.
Important: If the person you are sponsoring (or their child) has one or more children in the sole custody of their other parent, you must still declare the child in the application. Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam. Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. If a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
Not sure which type of dependant your child is? Check if your child qualifies as a dependant by answering a few questions.

The person you’re sponsoring has a child in the sole custody of a previous spouse. Do they need to include this child in their application?
Yes. Children in the custody of a previous spouse or partner are considered dependent children.
Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam.
Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. Also, if a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.


 楼主| 发表于 8/12/2018 20:10:55 | 显示全部楼层
Overcome criminal convictions
Note: This is only a guide. A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, an Electronic Travel Authorization (eTA), or when you arrive at a port of entry.





Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.”
This includes both minor and serious crimes, such as:
  • theft,
  • assault,
  • manslaughter,
  • dangerous driving,
  • driving while under the influence of drugs or alcohol, and
  • possession of or trafficking in drugs or controlled substances.
You can find a list of criminal offences in the Criminal Code of Canada and the Controlled Drugs and Substances Act.
If you were convicted of a crime when you were under the age of 18, you may still be able to enter Canada.

What you can do
Depending on the crime, how long ago it was and how you have behaved since, you may still be allowed to come to Canada, if you:

Deemed rehabilitation
Deemed rehabilitation, under Canada’s immigration law, means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.
You may be deemed rehabilitated depending on:
  • the crime,
  • if  enough time has passed since you finished serving the sentence for the crime and
  • if you have committed more than one crime.
In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

Individual rehabilitation
Rehabilitation means that you are not likely to commit new crimes.
You can apply for individual rehabilitation to enter Canada. The Minister, or their delegate, may decide to grant it or not. To apply, you must:
  • show that you meet the criteria,
  • have been rehabilitated and
  • be highly unlikely to take part in further crimes.
Also, at least five years must have passed since:
  • the end of your criminal sentence (this includes probation) and
  • the day you committed the act that made you inadmissible.
If you are applying for criminal rehabilitation along with your temporary resident (visitor visa, study permit or work permit) application, you can submit everything together and apply at the nearest Visa Application Centre.
If you are a foreign national who needs an Electronic Travel Authorization (eTA), you have to submit a separate application for criminal rehabilitation before you apply for your eTA. You can do so by following the procedures below. Once you have received confirmation of your rehabilitation, you may apply for an eTA. If you apply for your eTA before you receive your rehabilitation, your application will be assessed based on the information currently available, and may result in the refusal of your application.
If you are submitting a separate application for criminal rehabilitation you must complete the application and submit it directly to the visa office responsible for your region by mail or courier only. You must also pay a processing fee.

Note: These applications can take over a year to process. Make sure you plan far enough in advance of your travel to Canada.


Record suspension or discharge
If you have been convicted in Canada and want to apply for a record suspension (formerly known as a pardon), check with the Parole Board of Canada. If you get a Canadian record suspension, you will no longer be inadmissible.
If you received a record suspension or a discharge for your conviction in another country, check with the visa office that serves the country or region where you live. It will tell you if the pardon is valid in Canada.
This will help make sure that when you arrive in Canada, a border services officer has enough information to decide if you can enter Canada. The officer will still check to make sure you are not inadmissible for other reasons.

Temporary resident permit
A temporary resident permit lets you enter or stay in Canada if:
  • it has been less than five years since the end of your sentence or
  • you have valid reasons to be in Canada.
If you have a valid reason to travel to Canada, but you are inadmissible, we may issue you a temporary resident permit. An immigration or border services officer will decide if your need to enter or stay in Canada outweighs the health or safety risks to Canadian society.
Even if the reason you are inadmissible seems minor, you must show that your visit is valid.



 楼主| 发表于 8/12/2018 20:44:30 | 显示全部楼层
Step 1. Get your application package
Get your application package, including your checklist, forms and instructions.
To get the right instructions and checklist, select from the drop-down menus:
  • who is being sponsored
  • the country where the sponsored person resides
  • the country where the documents you’ll submit with the application were issued
Your document checklist:
  • tells you which forms you need
  • lists all the documents you must submit, and
  • links you to instructions to fill out each form.
You must print, fill out and submit a copy of this checklist with your application. Place it at the top, as the cover of your application.


 楼主| 发表于 8/12/2018 20:48:20 | 显示全部楼层
Step 2. Gather your documents
Important: if you don’t include all the requested forms and documents listed on the checklist, we will return your application without processing it. If you’re unable to submit an item on the document checklist, you must include a detailed explanation of why you can’t submit this document so that your application is not returned as incomplete.


To make sure you send us an application with all the requested documents:
1) Use your checklist to make sure you send all the documents you need to submit:
For each item on the checklist, choose the situation that applies to you and check the correct box.
  • Only submit documents that apply to your specific situation. We’ll contact you if we need more information.
  • For any documents that are not in English or French, you must attach the following, unless your checklist specifies otherwise:
    • a certified copy of the original document; and
    • The English or French translation, and
    • An affidavit from the person who completed the translation. See Translation of documents below.

Important notes about using the checklist:
  • We’ll return applications with missing, incomplete, or unsigned forms.
  • If there are one or more sections of your checklist which do not apply to you, write N/A or Not Applicable in the margins of each of these sections on your checklist.
  • Check the country-specific requirements to see if you need to submit any original documents. If the country specific requirements tell you that you must submit an original document instead of a copy, you must submit the original or we will return your application. See below for more information about country specific requirements.
2) Check your country-specific requirements
You’ll find your country specific requirements on the family sponsorship application kit webpage.
Checking your country specific requirements will help make sure you send the correct documents for each item on the checklist and will increase the chance that your application will be accepted for processing.
  • To see additional forms or documents required for the person being sponsored (principal applicant) and their family members, select the country where they reside.
You may need to follow special instructions about specific documents based on the country you’ll get the documents from. For example, there are specific requirements for civil documents from different countries (e.g. birth certificates, other proof of identity, child custody documentation, family booklets, etc.).
  • To see instructions about specific documents, select the country where the document is issued. For example, if you are living in the United States but you are submitting a birth certificate issued in the Philippines, check the requirements for “Philippines” to make sure the document you are submitting is the right one.

Note: your application will be returned if any of the requested documents are missing (see section 10 of the Immigration and Refugee Protection Regulations (IRPR) for more information).

Make sure all photocopies are clear and easy to read. Other than copies of original documents used for translations, photocopies do not need to be certified. Don’t send originals unless we ask for them, because they will not be returned.

Important information: While processing your application, we may ask for more documents and there may be delays if you don’t submit them. Should you fail to respond by the deadline given, your application could be refused for not complying with an officer’s request.

Police certificates
The principal applicant and each family member 18 or older (who are not already Canadian citizens or permanent residents), must submit police certificates from the following country or countries with the application:
  • Current country of residence if you (or they) have lived there for six months or more.
    and
  • The country where you (or they) resided for most of your (or their) life since the age of 18.
Note: Some countries need a consent form from IRCC to issue a police certificate. Find out if any person included on the application needs a police certificate requires a consent form. If any country requires a consent form from IRCC to issue a police certificate, the consent form should be submitted to us in place of the police certificate. Once received, we’ll assess the consent form and start the police certificate request.
Important: If required police certificates (or consent forms if applicable) can’t be submitted with your application, a detailed explanation must be provided explaining why these are not being provided. This will likely delay the processing of your application.
See How to get a police certificate for up-to-date information about obtaining police certificate from any country.

Photos
If your application is approved, we’ll use the photos you include in your application package to create a Permanent Resident Card for you (and your family members, if applicable).
To avoid delays in getting your Confirmation of Permanent Resident document (which you’ll need to travel to Canada or become a permanent resident from within Canada), and/or your permanent resident card, it’s important that the photos meet certain specifications. See Appendix C for photo specifications.




Translation of documents
You must send the following for any document that is not in English or French, unless otherwise stated on your document checklist:
  • the English or French translation; and
  • an affidavit from the person who completed the translation (see below for details); and
  • a certified copy of the original document.
Translations may be done by a person who is fluent in both languages (English or French and the unofficial language).
If the translation isn’t done by a member in good standing of a provincial or territorial organization of translators and interpreters in Canada, you must submit an affidavit swearing to the accuracy of the translation and the language proficiency of the translator. A certified translator will provide both a certified translation and certified copies of the original documents.
The affidavit must be sworn in the presence of:
In Canada:
  • a notary public
  • a commissioner of oaths
  • a commissioner of taking affidavits
Authority to certify varies by province and territory. Consult your local provincial or territorial authorities.
Outside of Canada:
  • a notary public
Authority to administer oaths varies by country. Consult your local authorities.

Important information: Translations must not be done by the applicants themselves nor by members of the applicant’s family. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.

Note: An affidavit is a document on which the translator has sworn, in the presence of a person authorized to administer oaths in the country where the translator is living, that the contents of their translation are a true translation and representation of the contents of the original document. Translators who are certified in Canada don’t need to supply an affidavit.







Certified true copies
To have a photocopy of a document certified, an authorized person must (as described below) compare the original document to the photocopy and must print the following on the photocopy:
  • “I certify that this is a true copy of the original document”,
  • the name of the original document,
  • the date of the certification,
  • his or her name,
  • his or her official position or title, and
  • his or her signature.



Who can certify copies?
Persons authorized to certify copies include the following:
In Canada:
  • a notary public
  • a commissioner of oaths
  • a commissioner of taking affidavits
Authority to certify varies by province and territory. Check with your local provincial or territorial authorities.
Outside Canada:
  • a notary public
Authority to certify international documents varies by country. Check with your local authorities.
Applicants themselves or members of their family may not certify copies of your documents. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.






 楼主| 发表于 8/12/2018 21:11:36 | 显示全部楼层
Step 3. Fill out the forms
Use your checklist to prepare the forms.
The last page of your checklist includes a list of all signatures that are required for each person included on the application. If any requested forms are not fully completed and signed (if applicable), or not included in the application package, your application will not be accepted for processing and will be returned to you.

Note: If you are less than 18 years of age, your form(s) must be signed by one of your parents or a legal guardian.


Note: Need help with a PDF document? Get help to open an application form.

You can also get help to complete an application form. If you’re having technical problems with a PDF document, see the Help Centre for common problems with form validation.

Important information: It is a serious offence to give false or misleading information on these forms. The information on your application may be verified.

The sponsor must fill out and sign (if applicable) these forms:
  • Application to Sponsor, Sponsorship Agreement and Undertaking [IMM 1344] (PDF, 478.72KB)
  • Sponsorship Evaluation and Relationship Questionnaire [IMM 5532] (PDF, 2.21MB)
  • Sponsorship Evaluation [IMM 5481] (PDF, 742.74KB), only if you are sponsoring your dependent child who has no dependent children of their own. Unless instructed otherwise, sponsors in Quebec do not need to fill this out. See: Sponsors living in Quebec
  • Financial Evaluation [IMM 1283] (PDF, 1.24MB), only if you are sponsoring a dependent child who has their own dependent child. Unless instructed otherwise, sponsors in Quebec do not need to fill this out.
  • Use of a Representative (IMM 5476) (PDF, 648.31KB), if using a representative.

The person(s) being sponsored must fill out and sign (if applicable) these forms:
  • Application to Sponsor, Sponsorship Agreement and Undertaking [IMM 1344] (PDF, 478.72KB)
  • Generic Application Form for Canada [IMM 0008] (PDF, 553.83KB)
  • Additional Dependants/Declaration [IMM 0008DEP] (PDF, 424.19KB), only if you have more than five dependants on your application
  • Schedule A – Background/Declaration [IMM 5669] (PDF, 434.14KB), required for all principal applicants, and all dependants 18 years of age or older.
  • Additional Family Information [IMM 5406] (PDF, 570KB)
  • Sponsorship Evaluation and Relationship Questionnaire [IMM 5532 ] (PDF, 2.21MB)
  • Use of a Representative (IMM 5476), if using a representative.

Important information: Declaring all family members
If you’re applying for permanent residence in Canada, you must declare all of your family members. There are no exceptions to this requirement.
In addition, all family members must be examined as part of the process of applying for permanent residence in Canada, even if they will not come to Canada with the principal applicant.
Family members who aren’t declared and examined are excluded from the family class, which means you can’t sponsor them at a later date. If a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
Find more information about why you must declare all family members.

Validate your forms
Some forms have a “Validate” button, specifically the
  • IMM 1344 (Application to Sponsor, Sponsorship agreement and Undertaking)
  • IMM 0008 (Generic Application form for Canada) and
  • IMM 5669 (Schedule A).
You should fill out your forms on a computer and validate them electronically to make sure you’ve answered all questions. This reduces mistakes and helps you submit a form that is complete. When you click on the Validate button, any missing information will be identified by a pop-up error message or a red square around the fields that need to be completed.
Important: If you are unable to fill out your forms using a computer or are unable to successfully validate your forms, you must provide a written explanation for why you were unable to do so.
After being validated, the IMM 1344 and IMM 0008 will create barcode pages (see image below). When you’re preparing your application, place these barcode pages right underneath your checklist.
Note:The IMM 5669 (Schedule A) form will not produce a barcode page when it’s validated.
IMPORTANT: If you have any problems viewing or validating your forms, please see these Help Centre questions:
Note: The Help Centre information about viewing PDF documents applies to all PDF documents.
After you validate the forms to generate barcodes, print the form. Then, the applicable client must sign the form in ink. Unsigned forms will not be accepted.

Example barcode page (if applicable):

Be complete and accurate
Fill out all sections. If a section doesn’t apply to you, write “N/A” (or “not applicable”) next to the appropriate section. If your application is incomplete it may be returned to you (see section 10 of the IRPR for more information) and this will delay processing.
If you need more space for any section, use a separate sheet of paper. Make sure you label this sheet with your name and the question you are answering.
Use the following instructions to fill out the forms. Most of the questions on the forms are straightforward and extra instructions have only been given for some questions. You must answer all questions.


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