Can I sponsor my GIRLFRIEND?
Dear Miss Powell,
I
READ your articles all the time. Thank you for them. I have a personal question. I am interested in sponsoring my girlfriend and our son. I am a permanent resident of Canada and I have been travelling back and forth for the past three years to see them. With this COVID situation, I think it is best to get them here. My girlfriend already has her COVID shot and should be getting the next one soon. How do I start the process to get them here? How much money do I need to show that I have? What is the first step that I should take?
PR
Dear PR,
Family is important and since the pandemic, many individuals are looking to sponsor their loved ones to join them here in Canada. The first step is to ensure that all the parties involved are eligible. Immigration Refugee and Citizenship Canada (IRCC) will evaluate you, the sponsor, and the persons being sponsored to see if you qualify.
WHO CAN SPONSOR?
Anyone seeking to sponsor a spouse or common-law partner must first be over 18 years old and a citizen, permanent resident or a person registered in Canada as an Indian under the Canadian Indian Act.
You already indicated that you are a Canadian permanent resident. You did not say when and how you became a permanent resident. If you were sponsored by someone else to Canada, at least five years must have passed since you became a permanent resident.
Additionally, if you have sponsored anyone else within the last three years, you may still be deemed financially responsible for him/her and you could still be bound to take care of this person. This issue would be one of the factors considered by IRCC.
OTHER IMPORTANT FACTORS TO CONSIDER
There are several other factors to take into consideration and, therefore, I strongly recommend that you consult directly with an immigration lawyer to assist you with a personal assessment of your eligibility. I am assuming you are not currently writing me from jail, as you would not be eligible.
You should be prepared to answer questions such as: Do you live in Quebec? Are your tax returns up to date? Are you receiving social assistance from the government for any other reason that disability? Will you continue to live in Canada when the persons being sponsored have become permanent residents? Do you have a criminal record? Were you convicted of attempting, threatening to commit, or committing a violent criminal offence? Have you committed any offence against a relative or any sexual offence inside or outside Canada? Have you failed to pay any support payments? Is there a court-ordered child or spousal support payment outstanding?
Additionally, you must be able to show that you can provide for yourself, your girlfriend and child. Your bank statement is not required. There is no minimum income that you need to show when sponsoring a spouse, partner, or dependent child. However, you will be required to undertake to provide for them and ensure that they do not need social assistance.
ASSESSMENT OF YOUR SPOUSE/PARTNER
Expect that your relationship with your girlfriend and son will be scrutinised. You can sponsor your child, no problem there. However, be prepared to answer questions such as: Is your name on his birth certificate? Were you present at the birth? Do you have photographs of time spent together? Was a DNA test done? A DNA test is not necessary and not a required document for sponsorship application.
You must be able to show that your relationship with her is a serious, committed one. Since she is the mother of your child, then this is a positive thing.
IRCC will examine the documents provided to see if your application falls within the category of a common-law or conjugal relationship. Your girlfriend could be deemed to be your commonlaw partner if you provide proof that you have lived with your partner for at least 12 consecutive months in a marriage-like relationship. Did you live with her before coming to Canada?
If you have not lived with your girlfriend for a minimum of 12 consecutive months, then she may be deemed a conjugal partner. A conjugal partner is someone with whom you have a serious and committed relationship for at least one year, lives outside of Canada, and unable to live with her due to reasons beyond your control. Your application must clearly show this.
Your partner will need to provide her biometrics, do a medical and a criminal background check will also be done. She must not be deemed inadmissible by IRCC. Both your son and partner must have valid passports.
I hope this helps you to be prepared for your consultation with an immigration lawyer, who will be able to assist you to submit an eligible and accurate application. This could save you valuable time and money.