Family Class

Helping families reunite in Canada is a key objective of Canada's immigration policy. Members of the Family Class are people sponsored to come to Canada by a relative, a spouse, a common-law partner or a conjugal partner who is a Canadian citizen or a permanent resident of Canada. Family Class Immigrants are sponsored for a Canadian Immigrant Visa by a close relative who is either a Canadian citizen or a Canadian permanent resident. The Canadian relative is known as the Sponsor. To qualify as a Family Class Immigrant, an applicant must be the Canadian Sponsor's: spouse; or fiancé(e); or parent or grandparent; or dependent child ; or orphaned brother, sister, nephew, niece, or grandchild -- under 22 and unmarried.

Also included are children under 19 who are either orphaned or placed with a child welfare authority for adoption and who the Sponsor intends to adopt. If the Sponsor has no relative as listed above and no relatives who are Canadian citizens or Canadian permanent residents, he or she may sponsor one other relative.

The Sponsor must be able to demonstrate the financial ability to provide for the essential needs of the Family Class Immigrant and dependents. The financial ability requirements are eased when sponsoring a spouse and/or an unmarried child(ren) under 22 years old.

The Sponsor must enter into an agreement with the Government of Canada (or the Government of Quebec, if that is where the Sponsor resides) whereby he or she agrees to provide for the essential needs of the Family Class Immigrant and dependents for a prescribed period of time. Failure to meet any of the commitments provided for in this agreement could result in legal action being taken against the Sponsor.

The Sponsor must be: a Canadian citizen or permanent resident; at least 19 years old; physically residing in Canada (or able to demonstrate an intention to reside in Canada by the time the sponsored family member lands in Canada); not in prison; not bankrupt; and not under a removal (deportation) order if a permanent resident.

Canadian citizens and permanent residents living in Canada, 19 years of age or older, may sponsor close relatives or family members who want to become permanent residents of Canada. Sponsors must promise to support the relative or family member and accompanying family members for a period of three to 10 years to help them settle in Canada. Applicants and their family members are subject to medical, criminal and background checks.

Definition of a Dependent Child

Dependent children of a sponsored foreign national may be included in that person's application. A dependent child is either a biological child or an adopted child. Children can be dependent if they meet one of the following conditions:

• They are under age 22 and unmarried or not in a common-law relationship;
• They have been full-time students since before age 22, attend a post-secondary educational institution and have been substantially dependent on the financial support of a parent since before age 22 and, if married or a common-law partner, since becoming a spouse or a common-law partner; or
• They are aged 22 or over and have been substantially dependent on the financial support of a parent since before age 22 because of a physical or mental condition.

You can sponsor relatives or family members from abroad if they are:

• Spouses, common-law or conjugal partners 16 years of age or older
• Parents and grandparents
• Dependent children, including adopted children.
• Children under 18 years of age whom you intend to adopt.
• Brothers, sisters, nephews, nieces or grandchildren who are orphans, under the age of 18 and not married or in a common-law relationship.

Sponsors must support their sponsored family members or relatives after they become permanent residents of Canada.

• Spouses, common-law and conjugal partners must be supported for three years.
• A sponsor's dependent children under age 22 must be supported for 10 years or until they reach the age of 25, whichever comes earliest.
• A sponsor's dependent children aged 22 or over must be supported for three years.
• Other family members, including their own dependent children, must be supported for 10 years.

Foreign students

Canada welcomes foreign students and recognizes the contribution they make to Canada's academic, business and cultural communities. A foreign student is a temporary resident who has been approved by an immigration officer to study in Canada.

An application to come to Canada as a foreign student is normally approved at a visa office outside Canada, although in some cases, applicants may apply at a port of entry if they have a letter of acceptance from a Canadian educational institution. A study permit identifies the level of study and length of time the individual may study in Canada. Courses of less than six months do not require a study permit.

Minor children in Canada attending pre-schools, or primary or secondary schools do not require a study permit unless they are children accompanying parents who are in Canada as visitors.

Foreign students must meet certain requirements when applying for study permits. Officers look at many factors before deciding whether an applicant qualifies for a study permit. People wishing to study in Canada must:

• Present a letter of acceptance from the educational institution where they intend to study;
• Be able to pay the tuition fees for the course or program of studies that they intend to pursue;
• Be able to financially support themselves and any family members who are with them during their period of study;
• Be able to cover the transportation cost for themselves and any family members to and from Canada;
• Have passed the CIC medical examination, if required; and
• Have received a Certificat d'acceptation du Québec (Quebec certificate of acceptance, or CAQ) if they intend to study in Quebec.

Foreign students are allowed to work in Canada if they meet one of the following requirements:

• The work is on campus at the institution at which they are registered as full-time students in a degree-granting course of study (no work permit is required);
• The work is an essential part of the program of study;
• The student attended a publicly funded post-secondary school on a full-time basis and is working in a study-related job for up to one year after graduation;
• The work is graduate assistant work; or
• If an existing source of funding is temporarily cut off through no fault of the student.

Study permits can be renewed, but the application for renewal must be made before the study permit expires. In order for a renewal to be granted, students must have met all of the conditions of their permit and have complied with the provisions of the Immigration and Refugee Protection Act. Students who have previously worked or studied in Canada without proper authorization can be denied study permits

Temporary foreign workers

Under the Immigration and Refugee Protection Act, foreign nationals may work temporarily in Canada under certain conditions. Those who wish to do so are generally required to have a job offer and a work permit.

Upon receipt of an approved job offer, an immigration officer will decide if the foreign worker qualifies for the work permit and assess the person's health and security requirements. A work permit is usually valid only for a specified job, employer and time period. In most cases, applications must be submitted from outside of Canada.

Some temporary foreign workers do not require work permits, including:

• Some commercial speakers, seminar leaders and guest speakers;
• Some performing artists, students, athletes, sports officials, journalists and providers of emergency services;
• Business visitors; and
• Diplomats, consular officers and other representatives or officials of other countries.

A more complete list of exemptions and the conditions that apply is available from Citizenship and Immigration Canada.There is a fee for work permits. Temporary workers may not undertake full-time studies and may not change jobs or employers unless authorized by CIC.

Additional procedures apply for foreign workers who intend to work in Quebec.

Employers who wish to hire temporary foreign workers must normally have the job offer approved by Human Resources Development Canada. HRDC assesses the economic effect on the Canadian labour market and provides a confirmation either for an individual job or for a group of jobs. If the job provides acceptable Canadian wages and working conditions and qualified Canadians are not available, HRDC will approve the job offer. HRDC may also provide an opinion on specific types of jobs where labour market shortages exist. The government may reach agreements with industry sectors facing worker shortages to make it easier for them to hire foreign workers quickly.

It is an offence for Canadian employers to hire anyone they know is not authorized to work in Canada. Only temporary residents possessing valid work permits can work in Canada legally.