How does parent sponsorship work?
Canadian immigration supports the idea of Canadian citizens and permanent residents sponsoring their foreign parents or grandparents to become permanent residents in Canada. The program allows invited parents and grandparents to work, study, and benefit from social services like other permanent residents. Every sponsored applicant has to initially apply and await approval to be a sponsor on the family sponsorship program. Upon approval, the foreign parent or grandparent can send in their applications for permanent residency.
What are the basic requirements of the parent sponsorship program?
Income requirement
All Canadian sponsors for the parent sponsorship program must present proof of income of a minimum of 30% above the standard LICO (Low-income cut-off level). This minimum income requirement varies according to the total family size which includes the sponsored applicant, their immediate dependents, and other family members. Applicants must only tender proof of the minimum income requirement for the last three years to be eligible.
Notice of assessment (evidence of income)
Income tax returns are the most acceptable proof of income for meeting the minimum income requirement for the parent sponsorship program. Immigration authorities assess them as documentary evidence when reviewing an applicant's financial status for sponsoring their parents or grandparents into the country.
Signed 20-year sponsorship undertaking
Sponsored applicants must be willing to sign a 20-year sponsorship undertaking of being financially responsible for their parents or grandparent for the next 20 years. This includes their basic financial needs and extends to other medical needs including health insurance and caregiver services if needed.
10,000 yearly application limit
Canadian citizens and permanent residents must note that the immigration authorities only accept a margin of 10,000 parent sponsorship applicants annually. The cap for a new year is renewed in January which provides applicants with enough time to send in their applications awaiting approval. Every annual cap remains open until the next year, however, with an application limit of 10,000 Canadian permanent residents.
Super Visas for parents and grandparents
Canadian immigration never issues visitor visas to family relatives that are being or could be potentially sponsored by a Canadian citizen or permanent resident. Interestingly, there’s room for foreign parents and grandparents to get into the country under the Super Visa immigration policy. Super Visa allows visits from parents or grandparents for not more than two years at a stretch - with a 10-year multi-entry margin for repeated visits.
Other restrictions
Like every Canadian immigration option, sponsored applicants must pass all criminal record screenings, mandated medical check-ups, and security checks to prove they are not inadmissible. Canadian sponsors face the restrictions of not having sufficient income to sponsor their parents or grandparents without going bankrupt or seeking social assistance.
Do you need a lawyer to make an immigration appeal?
Rejections happen a lot under the parent sponsorship program considering the slim acceptance limit of 10,000 applicants. Often than not, most sponsors fail to present acceptable proof of meeting the minimum income requirement. Cases of refusals or rejections can be forwarded to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board.
Immigration appeals should be made within a 30-day time frame after receiving the refusal decision. These appeals are categorized under equitable jurisdiction which allows a Canadian judge to consider a reapplication under humanitarian or compassionate grounds. Note, the IAD does not have legal jurisdiction to reverse the refusal decision made on certain applications. For example, rejections of previously undeclared relatives. Issues like these can be appealed to the Federal Court for further assistance.
Contact SRD Legal for more info and support
Would you like to begin your parent sponsorship application soonest? Contact SRD Legal for a FREE ASSESSMENT to review your eligibility and parents’ or grandparents’ qualifications for the program. Kindly click here or simply email our team of immigration law experts for further inquiry on family sponsorship applications.
