Family Sponsorship in Canada: The complete requirements

Sponsorship applications are often not checked thoroughly, and the immigration department of Canada is facing quite some problems for making mistakes and rejecting valid applications. There have been incidents where applications were rendered useless by stating all the documents have not been provided. However that was not true as they had been included in the packages. Best family sponsorship lawyer Canada has been getting complaints from clients who went through all the legal processes to make sure everything happened seamlessly but were still rejected. People are demanding an online process now that the manual is turning out to be faulty. However the immigration department is not showing any hopes for this.

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Basic Requirements

There are criteria to fulfill when it comes to becoming a sponsor yourself as a Canadian yourself, as well as getting your sponsorship request approved according to best family sponsorship lawyer Canada.

If you want to be a sponsor

  1. You have to be an adult, which is at least eighteen years of age.
  2. An agreement between you and the sponsored has to be signed confirming the fact that you will take up their financial burden.
  3. If you are bringing your spouse you have to give them financial support for the three years after they become permanent residents.
  4. You must also support your child financially, for at least ten years or until they are 25 years of age.

In the year 2015, about 70,000 applications were made for family sponsorship but only 48,000 were allowed the residence. The waiting time too, seemed very problematic and extremely long as best family sponsorship lawyer Canada reports.

A number of actions have been taken by the government to make the allocation program easier.

Increased Allocation

This pact has raised the number of spouses and family to be allowed a residence in Canada largely. What was once counted as 47,000 has now reached 64,000 in the year 2017. By 2020 it might rise to 70,000 a year. If space is not an issue then the applications will be quickly processed as best family sponsorship lawyer Canada remarks.

Funding

An extra $25 million has been placed by the government to support immigration programs. This mainly targets the backlog.

Simpler Process

The application process will be modified to be made simpler so that the applicants face fewer issues. The number of forms, checklists, police and health check documents these are made simpler, and also a few of them will be required later.

Shortened Commitment Processing

This has been shortened to 12 months. This means that the applications already in the system will be processed within the next 12 months and the upcoming applications will be processed in the 12 months following that according to best family sponsorship lawyer Canada.

The last rule is applicable to applications both from within and without Canada. Only 80% of the documents will make it through while the rest will be put through a process more complex.

All these steps have been taken to make sure the applicants face fewer problems regarding the process and that families are reunited faster.

The Types of Immigration Appeals before IAD

The Immigration Appeal Division is actually a part of the IRB.  This is an independent tribunal which had been created to oversee the matters of immigration.  This is not a part of federal immigration department and it isn’t connected to the CBSA or Canada Border Services Agency.   The IAD come across different types of immigration appeals says Brampton immigration lawyer where the Canadian permanent citizens or residents are involved. This includes appeals from the families who have been refused, removal of the order appeals, and family sponsorship, and the residency obligation appeals.

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Sponsorship Appeals

The citizens of Canada or the permanent residents whose application to sponsor a close relative for immigrating to Canada has been rejected y IRCC might appeal the decision to IAD.  However, Brampton immigration lawyer says that not all sponsorship application can be appealed.  For instance, in a case of parental sponsorship, if the application had been refused or had been misinterpreted, an appeal cannot be made.  A lawyer has to be consulted in all cases for confirming the appeal rights which exists in each case and to assist with the appeal process.  An application for family sponsorship might be rejected for various reasons.  You need to confirm the lawyer in all cases for assisting with the appealing process.  A family sponsorship application might be rejected for different reasons but for the spousal sponsorships, the most refusal ground is that the relationship isn’t genuine.  As per Brampton immigration lawyer, in this kind of appeal, it is necessary to gather new evidence which will show that the relationship is real.  Both the sponsor and the foreign spouse are going to be allowed for testifying the appeal hearing and you try and address the research of the immigration officer who rejected the case.

Removal Order Appeals

In case the immigration authorities issue some removal order against some permanent resident of Canada for committing a serious crime or for having committed a misrepresentation.  The affected might file for an appeal if required if he/she has to stay in Canada.  Nonetheless, not all removal order cases are allowed to appeal. You cannot make an appeal if the person is inadmissible because of a conviction of a serious crime and has been punished with imprisonment for 6 months says the Brampton immigration lawyer. A foreign national who doesn’t have a permanent resident visa will not be able to appeal a removal order to IAD.  Foreign national can appeal to the Federal Court if they are allowed by IAD and the person is given the permission to remain in Canada.  Otherwise, the person is going to be removed from Canada.  You have the option of staying your appeal in the place where the person is being allowed to stay in Canada.

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Residency Obligation Appeal

The permanent residents of Canada need to be present in Canada physically for 730 days out of every five years. Brampton immigration lawyer mentions that if the permanent resident doesn’t fulfill the residency requirement, he or she might lose out the status of permanent residency.  In case of loss of this permanent residency because of the failure to comply with the requirement of residency, an appeal can be made to IAD. In case they are allowed, the permanent resident is going to be allowed to maintain their status.  However, if the case is dismissed, the permanent resident status will be lost.

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