What are the key requirements and processes involved in the Family Sponsorship provision under Canadian immigration law?

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Title: Exploring the Key Requirements & Processes in Family Sponsorship Provisions under Canadian Immigration Law

The family reunification provision is one of the critical pillars of Canadian immigration law, facilitating the reunion of close family members in Canada through Family Class Sponsorship. This system enables permanent residents or citizens of Canada above the age of 18 to sponsor their eligible relatives for immigration. As leading experts in the field, we, at LexLords Canada Immigration Lawyers, will delve into this complex issue, breaking down significant requirements and processes involved in family sponsorship.

1) Key Requirements:

The first step to family sponsorship involves identifying eligible relationships as defined by the Immigration and Refugee Protection Act (IRPA). These relationships include: spouse, common-law partner, conjugal partner, dependent child, parents, grandparents, and lastly, if there are no other family members aforementioned, any other relative.

Under the case law “Canada (Citizenship and Immigration) v. Izza” [2015], it was clarified that the sponsor should prove sufficient financial resources to support the incoming relatives without the need for social assistance, unless sponsoring a spouse, common-law partner or dependent child.

2) Application Process:

The application process comprises of two parts: Sponsorship Application and Permanent Residence Application. The sponsor should apply first to establish their eligibility. Post-approval, the sponsored person can apply for permanent residence.

In the landmark case “Koo v. Canada” [2007] it was established that both applications should be submitted together at the Case Processing Centre in Sydney, Nova Scotia.

3) Conditions and Responsibilities of Sponsors:

Sponsors are obligated to provide financial support to their sponsored relatives for a period called undertaking. This period varies depending on the type of relationship and the age of the sponsored relative. For example, for spouses, common-law or conjugal partners and dependent children, the undertaking lasts three years from their arrival date in Canada.

In the case “Mavi v. Canada” [2011], the Supreme Court clarified that the government can pursue legal action to recover any social assistance paid to the sponsored person during the undertaking period.

4) Changes in Circumstances:

Changes in circumstances, either at the sponsor’s end or the sponsored person’s end, should be promptly reported. The “Singh v. Canada” [2000] case emphasized that failure to do so might result in rejection of the application, even if such circumstances develop after the approval of sponsorship.

5) Inadmissibility:

Not all eligible relatives can be successfully sponsored. Some reasons for inadmissibility include criminality, medical inadmissibility, and misrepresentation. The court’s judgement in “Zalzali v. Canada” [2002], underscored that a sponsored relative’s past significantly impacts the success of their permanent residency application.

Family Sponsorship under Canadian immigration law has its complexities and intricacies. However, a clear understanding of these requirements and processes can make navigating this system considerably easier. For more detailed legal advice and assistance with your situation, seek help from immigration lawyers who specialize in this area of law like us at LexLords Canada Immigration Lawyers.

Remember, every family is unique, and so is every case. Tailoring your approach to fit your specific circumstances can significantly expedite your family reunification journey in Canada.