Sponsoring a spouse or partner for permanent residence in Canada is an excellent way to reconnect with loved ones. If you are a Canadian citizen or permanent resident, you can sponsor your loved one for permanent residence. However, understanding the eligibility requirements and the application process can be challenging.
The blog explores the eligibility criteria for sponsorship and an overview of the sponsoring process.
Who can Sponsor?
Understanding the eligibility for sponsorship is the initial step in bringing your spouse or partner. You must meet the following criteria to become eligible for sponsoring your dear ones:
You must be 18 years
A Canadian citizen/ resident or a registered Indian
Living in Canada
Living outside Canada, you must show intent to return to Canada when your sponsored partner becomes a permanent resident.
Permanent residents cannot sponsor someone while living outside Canada.
You must provide for the basic needs of those you sponsor, not receive social assistance (except for disability), and sign a financial support undertaking for at least three years after your permanent residency.
Quebec Spousal Sponsorship
Quebec Residents who wish to sponsor their spouse or partner for immigration must adhere to specific requirements. After being approved as a sponsor by Immigration, Refugees and Citizenship Canada (IRCC), they must meet Quebec’s immigration sponsorship criteria.
This includes signing an undertaking with the province and having the Quebec Ministry of Immigration assess their income. Sponsors must understand these additional steps if they wish to bring their loved ones to Quebec.
Who is not eligible to bring your spouse/partner to Canada?
Now that you have understood the eligibility requirements, it’s essential to ensure you do not fall into any situations that would make you ineligible to sponsor your spouse or partner.
You are not eligible to sponsor your spouse, common-law, or conjugal partner in Canada if:
You gained PR status less than five years ago after being sponsored by a spouse or partner.
You have signed an undertaking for a previous spouse or partner who has not been a permanent resident for more than three years.
You are still financially responsible for a previous spouse or partner, bound by the three-year undertaking.
You are in default on an immigration loan, performance bond, or court-ordered family support payments.
You failed to provide the financial support you agreed to when sponsoring someone in the past (this does not apply to Quebec residents).
You are declared bankrupt and have not yet been discharged (not applicable to Quebec residents).
You receive social assistance for any reason other than a disability.
You were convicted of, or threatened or attempted to commit, a violent crime, sexual offence, or an offence causing bodily harm to a relative.
You are in a penitentiary, jail, reformatory, or prison.
You have applied to sponsor your current spouse and haven’t received a decision.
You can’t legally stay in Canada due to being subject to a removal order.
What makes you Eligible to Sponsor a spouse or partner in Canada?
Canadian permanent residents and citizens have the opportunity to sponsor their spouse or partner for permanent residency. To qualify, the sponsored person must be at least 18 years. Their relationship with the sponsor must meet specific criteria, including legal marriage or a committed partnership.
Various Types of Relationships Eligible for Sponsorship
When sponsoring a partner for Canadian permanent residency, it is essential to understand the different relationship types recognized by immigration authorities. Each category has distinct criteria that must be met for the relationship to be recognized by IRCC.
A Spouse is a person legally married to the sponsor. The individuals must be legally married to each other, with the marriage recognized in both the country where it took place and in Canada. Both spouses must have been physically present at the marriage ceremony.
A Common-law partner is an individual who has lived with the sponsor in a conjugal relationship continuously for at least one year. They should demonstrate a significant commitment by sharing a home, supporting each other financially and emotionally, and presenting themselves publicly as a couple. Having children together can further validate their common-law relationship.
A conjugal partner must be in a conjugal relationship with the sponsor for at least one year while living outside Canada. They must also show significant attachment, mutual interdependence, and obstacles that prevent them from marrying or living together. Examples of such obstacles include immigration barriers, religious restrictions, or cultural limitations related to sexual orientation.
In most cases, the sponsored partner must be admissible to Canada. If the spouse or common-law partner lives in Canada, they need valid temporary resident status (like a work permit or visitor status) or must qualify for an exemption.
Who must be Admissible to Canada for Sponsorship?
The sponsored individual must generally be admissible to Canada.
If the spouse or common-law partner resides in Canada, they need valid temporary resident status (work permit, study permit, or visitor status).
They may also be exempt from needing temporary resident status under a public policy in 2005.
The sponsored partner must have valid documents by the time they receive permanent residency.
Under A25 (1) of the Immigration and Refugees Protection Act, spouses or common-law partners without valid temporary resident status can be sponsored.
Even if the partner is inadmissible due to:
Overstaying a visa, visitor record, work permit, or study permit.
Working or studying in Canada without legal status.
Entering Canada without the required visa or documentation.
Entering Canada without a valid travel document.
What are the benefits enjoyed by Permanent Residents in Canada?
Permanent residents in Canada enjoy a range of rights and privileges that allow them to live and thrive in the country.
Some of them include:
They can access most social benefits available to Canadian citizens, including healthcare and education.
They can live, work, and study anywhere in Canada without restrictions.
They are protected by Canadian law and the Canadian Charter of Rights and Freedoms to uphold their rights.
They can apply for Canadian citizenship after meeting specific residency requirements.
However, permanent residents cannot cast their votes in federal or provincial elections. They may be ineligible for specific jobs that require high-level security clearance.
By fulfilling residency obligations and adhering to Canadian laws, permanent residents can maintain their status and enjoy these privileges while contributing to Canadian society.
Are you dreaming of living and working in Canada? Also, stressed about the mountain of paperwork and confusing legal requirements? Then, you will probably realize that Canadian immigration law is complex and requires a lot of paperwork. It is important to note that Canadian immigration constantly changes, and a misstep could cost you everything.
According to a Toronto Star report, enlisting the help of an experienced immigration lawyer nearly doubles your likelihood of a positive outcome. So, it is recommended that the help of an experienced immigration lawyer can nearly double your likelihood of a positive outcome.
This blog will explore the benefits of hiring an immigration lawyer and how they help you to navigate the Canadian immigration process smoothly.
What are the Benefits of Hiring an Immigration Lawyer?
Expertise and Knowledge: Immigration lawyers possess in-depth knowledge of constantly changing immigration laws and regulations. They ensure your application is accurate, complete, and submitted on time.
Customized Legal Strategy: Lawyers can create a strategy tailored to your unique circumstances, identify potential roadblocks, correct them quickly, and advocate for your case effectively.
Avoiding Costly Mistakes: An immigration lawyer’s attention to detail helps you prevent errors or omissions that could lead to rejection or delays. They ensure all forms are properly filled out and documents are correctly submitted.
Access to Resources: Lawyers can access legal databases, precedents, and connections within the immigration system, expediting the process and providing valuable insights.
Personalized Guidance: Attorneys can provide guidance that considers an individual’s unique circumstances and goals.
What makes an Immigration Lawyer the Smarter Choice Over an Immigration Consultant?
Let us explore the key reasons why choosing an immigration lawyer can be more beneficial than an Immigration consultant:
Regulated by Law Societies: Immigration lawyers are regulated by provincial or territorial law societies. Lawyers must meet strict standards for education, ethics, and conduct. In contrast, immigration consultants may not be subject to the same level of oversight, potentially leading to inconsistencies in their qualifications and competence.
Extensive Legal Knowledge and Resources: Lawyers can access confidential legal research tools and resources that consultants do not. This gives them a strategic edge in preparing strong applications and handling complex cases.
Representation Before Legal Bodies: Only immigration lawyers can represent you before the Immigration and Refugee Board (IRB) and in court. They can provide comprehensive legal support if complications arise during your immigration process. Consultants cannot represent you in court.
Professional Conduct Rules: Lawyers are obliged to act in the client’s best interests and maintain honesty, integrity, and transparency while engaging with the clients. Consultants are not bound by the same legal ethics, increasing the risk of misleading claims.
Expertise in Handling Complex Cases: Lawyers are trained to handle complicated immigration cases, legal disputes, and appeals, ensuring thorough legal representation beyond basic application processing.
Choosing an immigration lawyer ensures guidance and legal protection throughout your immigration journey, which consultants cannot assure.
How to Protect Yourself from Immigration Fraud?
Immigration fraud is a growing threat, preying on the hopes of individuals seeking a better life in Canada. Unfortunately, this can make individuals vulnerable to fraudulent schemes. Some individuals and companies may promise quick and easy solutions, but these may be fake, and applicants may end up losing a good amount of money.
Learn how to recognize the red flags, verify credentials, and protect your personal information to ensure your Canadian dream doesn’t become a nightmare.
Here are essential steps to safeguard your application and future from immigration scams:
Ensure the individual or company is a member of a recognized professional organization, such as the Canadian Bar Association (CBA) or the College of Immigration and Citizenship Consultants (CICC).
Always request written agreements that clearly outline the services provided, associated fees, and terms of the arrangement to avoid hidden costs or false promises.
Before providing personal information, ensure that websites are secure.
Be wary of anyone promising quick approvals or guaranteed visas. No one can guarantee application approval.
Be cautious if asked to pay into a personal bank account. Legitimate firms typically use corporate accounts.
Be cautious if someone claiming to be a CBSA employee requests personal information or demands money. The CBSA never asks for your SIN or credit card by telephone, text, or email.
If you believe you have become a victim of immigration fraud, report it immediately to local authorities, Immigration, Refugees and Citizenship Canada (IRCC), and professional regulatory bodies like the CICC or CBA.
Why Hiring an Immigration Lawyer is a Smart Investment for Your Future?
You cannot predict the outcome of an immigration case with certainty. Similarly, you cannot foresee all the associated expenses involved in an immigration case due to various influencing factors. The cost of engaging an immigration lawyer may vary depending on the complexity of the matter and the lawyer’s fee structure. However, this expense is often a wise investment rather than merely an added cost.
By taking the help of an experienced immigration lawyer, you significantly increase your chances of a successful application. Their expertise helps you navigate complex legal procedures, avoid costly errors, and handle potential challenges efficiently. Ultimately, this can save time and money in the long run and provide invaluable peace of mind.
Expert Immigration Services from ImmiLaw Immigration Law Professional Corporation
Immigration law is complex and constantly evolving, meaning even minor errors can lead to significant legal and financial repercussions. Hiring an immigration lawyer can significantly boost your chances of a successful application, whether you are a student, professional, or part of a family seeking a new future.
ImmiLaw Immigration Law Professional Corporation aims to deliver cost-effective, client-focused solutions customized to your specific immigration needs. We provide transparent pricing and personalized support to help you navigate the complexities of the immigration process with ease. Our expertise ensures that your application is accurate, complete, and compliant with the latest immigration laws, reducing the risk of delays or rejections.
Remember, the cost of hiring an immigration lawyer is an investment in your future. Don’t take chances with your legal status—contact us today to schedule a consultation and to achieve your immigration goals.
As 2025 begins, Canada is welcoming foreign skilled workers to settle in through its Provincial Nominee Programs (PNPs). Recently, Manitoba and Alberta held draws that opened doors for many candidates eager to start a new chapter in Canada.
The article will delve into the details of recently held draws, the opportunities are available for prospective immigrants and the requirements they must fulfil to qualify.
Manitoba PNP Draw
Manitoba conducted its first PNP draw of the year, issuing 197 Letters of Advice to Apply (LAAs) across two streams: Skilled Worker in Manitoba Stream and Skilled Worker Overseas Stream.
Skilled Worker in Manitoba Stream
Letters of Advice to Apply Issued: 145
Lowest CRS Score: 838
Eligibility: Candidates or their spouses must have completed post-secondary education in Manitoba.
Skilled Worker Overseas Stream
Letters of Advice to Apply Invitations Issued: 52
Lowest CRS Score: 615
Priority for candidates from the Winkler area.
Among the candidates invited, 52 had valid Express Entry profiles, enhancing their chances for permanent residency through additional points in the Express Entry system.
About Manitoba Provincial Nominee Program (MPNP)
Manitoba was the first province in Canada to introduce a Provincial Nominee Program (PNP) in 1998. The program aimed at attracting skilled immigrants to support the province’s economic growth. The Manitoba Provincial Nominee Program (MPNP) has been instrumental in increasing the province’s population and supporting its labour force.
The Manitoba Provincial Nominee Program is a key immigration pathway designed to attract skilled workers, entrepreneurs, and international graduates to the province.
The MPNP offers five main immigration streams:
Skilled Worker in Manitoba Stream: This stream is for temporary foreign workers and international graduates with a permanent job offer from a Manitoba employer.
Skilled Worker Overseas Stream: For skilled workers outside Canada who have a strong connection to Manitoba.
Manitoba Business Investor Stream: For individuals looking to begin or invest in a business in Manitoba.
International Education Stream: This is for international students who have completed post-secondary education at institutions in Manitoba and want to settle permanently there.
Morden Community Driven Initiative: Specifically for tradespeople like welders and plumbers who wish to settle in Morden.
Who can Apply for the Manitoba Provincial Nominee Program?
You may qualify for MPNP:
If you have relevant work experience and can demonstrate a strong connection to Manitoba or
If you are working in Manitoba temporarily and have a permanent job offer from your employer. or
If you are looking to establish or invest in a business in Manitoba. or
If you graduate from a recognized post-secondary institution in Manitoba and wish to settle permanently.
Additional Criteria
To qualify, applicants must meet specific criteria, including
Scoring at least 60 points on the MPNP Points Assessment Grid that evaluates factors such as age, education, work experience, and language proficiency.
Demonstrating a connection to Manitoba, which can be strengthened by having friends or relatives living in the province.
Showing the intention and ability to economically establish in Manitoba.
Hence, the MPNP provides various pathways for skilled individuals and their families to immigrate to Manitoba, contributing to the province’s growth and diversity.
Results of Alberta Advantage Immigration Program (AAIP) Draw
On December 23, 2024, the Alberta Advantage Immigration Program (AAIP) conducted a draw and issued 588 invitations to candidates who met specific eligibility criteria. The lowest-ranked candidate invited had a score of 55. The draw invited candidates who fall under the Alberta Opportunity Stream.
Understanding Alberta Advantage Immigration Program (AAIP)
The Alberta Advantage Immigration Program (AAIP) is a provincial initiative to attract skilled workers and entrepreneurs to Alberta. Through this program, prospective immigrants can receive an Alberta Provincial Nomination Certificate, which allows them to apply for Canadian PR.
What is the eligibility to qualify for the Alberta Opportunity Stream?
If you wish to settle in Alberta, you must meet the following criteria for the Alberta Opportunity Stream under the Alberta Advantage Immigration Program (AAIP).
Valid Job Offer: A full-time job offer from an Alberta employer in an eligible occupation (excluding specific NOC categories).
Education: At least a high school education equivalent to Canadian standards.
Work Experience: At least 12 months of full-time work experience in Alberta within the last 18 months.
Language Proficiency: A minimum Canadian Language Benchmark (CLB) of 4 or Niveaux de compétence linguistique canadiens (NCLC) level of 4 or higher.
Work Permit: A valid eligible work permit (excluding PGWPs) that expires on December 31, 2025, or later.
The Alberta Opportunity Stream (AOS) provides a pathway to permanent residency for foreign workers currently employed in Alberta and international graduates from approved Alberta post-secondary institutions. A part of the Alberta Advantage Immigration Program (AAIP), it aims to attract individuals whose skills meet the province’s labour market needs.
International students can apply if they have completed their studies in Alberta and are working on a PGWP.
To qualify, applicants must demonstrate at least six months of relevant work experience in Alberta, meet language proficiency requirements, and adhere to income standards. However, those who studied in other Canadian provinces are not eligible under this stream unless they hold a different type of work permit.
If you want to immigrate to Canada through the PNP or another skilled worker pathway, please contact us for complete guidance and tailored assistance. Our experienced team supports creating EE profiles, choosing PNP programs, and providing additional services. We are here with you at every step of the immigration journey.
The information provided in this article is for general informational purposes only and does not constitute legal, financial, or professional advice. Readers are encouraged to seek guidance from qualified professionals for specific concerns. While we strive for accuracy, we cannot guarantee the completeness of the information presented, and it should not be viewed as a comprehensive analysis. Opinions expressed may change over time. ImmiLaw Immigration Law Professional Corporation does not endorse any third-party advice or services mentioned.
Sponsoring your spouse, common-law, or conjugal partner for Canadian permanent residence is an exciting step toward building a life together in Canada. One of the significant advantages during this transition is the opportunity for your partner to apply for an Open Work Permit (OWP).
The OWP enables them to work for any employer legally in Canada while their application for permanent residence is being processed.
However, the sponsored person must apply for the OWP from within Canada after submitting the sponsorship application.
Key Points to Remember
Spouses must maintain legal status in Canada while waiting for their OWP.
They cannot start working until the OWP is approved.
Applications are submitted online through the IRCC secure account.
How to check your Eligibility for Open Work Permit (OWP)?
To apply for an Open Work Permit (OWP) during the sponsorship process, the sponsored individual must meet specific criteria:
Genuine Relationship: The sponsored person must have a genuine relationship with the sponsor.
Residency Requirement: The sponsored individual must reside in Canada with the sponsor.
Inclusion in PR Application: IRCC must acknowledge the sponsored individual’s Permanent Residence (PR) application to confirm receipt.
Who cannot apply for an Open Work Permit during the Sponsorship process?
Individuals cannot apply for an Open Work Permit during the sponsorship process if:
Their PR application is refused, withdrawn, or returned.
They intend to apply for a work permit at a port of entry.
What are the procedures for an Open Work Permit application?
Based on the temporary status of the applicant, the procedure varies when applying for an Open Work Permit (OWP) in Canada for a spouse or partner.
If the Spouse/Partner has a valid Temporary Status
Those with a valid work permit, study permit, visitor visa, or electronic travel authorization (eTA) can apply.
After receiving the Acknowledgment of Receipt (AOR) from IRCC for their Permanent Residence (PR) sponsorship application, the sponsor can apply for an OWP.
Special Case: If their temporary resident status will expire in 2 weeks or less and they’ve already submitted their PR sponsorship application, they can apply for an OWP without waiting for the AOR.
If the Spouse/Partner does NOT have Temporary Status
They must wait for an “Approval in Principle” letter for their PR sponsorship application.
However, they cannot apply for an OWP under any other public policy or pilot program.
What is the Processing Time for Sponsoring a Spouse or Partner in Canada?
Open Work Permit (OWP) Processing Time
If you are applying under the Inland Sponsorship program and submit an OWP application, the usual processing time is within 4 months.
Factors such as application volume, completeness, and additional documentation requirements can affect processing times.
Visitor Visa Processing
Once you submit the sponsorship application and receive an Acknowledgment of Receipt (AOR) from IRCC:
Your spouse or partner’s visitor visa application will automatically qualify for expedited processing.
You must submit a visitor visa application.
Applying for an OWP after Arrival in Canada
Once the sponsored person gains temporary resident status in Canada, they can apply for an OWP upon arrival.
Note: Sponsorship and related applications, like OWPs and visitor visas, are processed faster if the AOR is received.
Ensure all required documents are included to avoid delays.
How do you apply for an Open Work Permit (OWP) in Canada?
Let us delve into various steps involved in the OWP application process in detail:
Confirm that you meet the eligibility criteria, such as being a temporary resident, international student, or spouse of a skilled worker.
Gather all documents, including proof of identity, legal status in Canada, and any additional paperwork specified by the application guidelines.
Create a secure account on the Immigration, Refugees and Citizenship Canada (IRCC) website to access the application process.
Carefully fill out the required forms accurately, answering questions about your current situation and the type of work permit you are applying for.
You can pay the application fees online, typically a $100 open permit holder fee and a $155 work permit fee.
After ensuring all information is correct and complete, submit your application through the IRCC portal.
Monitor your application status through your IRCC account. Processing times can vary, so applying well in advance is advisable.
You can contact ImmiLaw Immigration for expert assistance to ensure the smooth and prompt submission of your application. Our team provides personalized guidance, helps prepare accurate documentation, and ensures compliance with all Canadian immigration requirements.
What critical information is essential after applying for an Open Work Permit (OWP)?
Your spouse will not be legally allowed to work in Canada until they receive their OWP unless they have another form of authorization.
They must maintain their legal status as a temporary resident while waiting for the OWP.
They can only start working only after receiving the OWP from IRCC.
If your spouse already possesses a valid Canadian work permit, they can continue working as long as they apply for the OWP before their current permit expires.
If the OWP application is approved, IRCC will send a confirmation online and mail the work permit.
If refused, IRCC will return the application and refund the OWP-holder fee.
How to Check the Status of an Open Work Permit Application?
You can check the status of your OWP application by logging into your IRCC secure account, where you can view real-time updates and messages about your application.
Alternatively, you can use the Client Application Status (CAS) tool on the IRCC website. This tool requires details such as your unique client identifier (UCI), application number, and personal information like name and date of birth.
If you have applied through a consultant or agent, contact them directly for updates. Note that status updates will only be visible after receiving an Acknowledgment of Receipt (AOR) from IRCC.
Frequently Asked Questions (FAQs)
1. Can I work while waiting for my Open Work Permit? No, you cannot work until you receive your OWP unless you have another form of authorization.
2. How do I check the status of my OWP application? You can check the status by logging into your IRCC secure account or using the Client Application Status tool on the IRCC website.
3. Should I maintain legal status while waiting for my OWP? Yes, you must maintain your legal status as a temporary resident in Canada during the processing period.
4. When can I start working after receiving my OWP? You can start working as soon as you have the OWP in hand.
5. What if my OWP application is refused? If your application is refused, the IRCC will return it. You are also eligible for a refund.
To avoid refusal and any obstacles in the application process, you may contact ImmiLaw Immigration for expert guidance and support. We can help ensure your application is complete and meets all requirements, increasing your chances of approval.
Maintained status is a vital bridge for temporary residents in Canada who are awaiting a decision on their extension application. By applying before their current permit expires, visitors, students, and foreign workers can stay legally in the country without disruption.
Under the maintained status, individuals can continue working, studying, or staying as visitors. They remain under the same terms as their original permit until a decision is reached. This legal provision ensures continuity and provides peace of mind. Through this article, we delve into the details of what maintained status is, how it functions, and its implications.
What is Maintained Status under Canadian Law?
Under Canadian immigration law, Maintained status is a legal term that indicates temporary residents are allowed to remain in Canada while their application for an extension of their status is being processed. To qualify for Maintained status, temporary residents must apply for an extension of their work or study permit before their current permit expires.
What If You Apply to Extend Your Permit?
When a work or study permit extension application is submitted:
Temporary residents can maintain their jobs without interruption while awaiting a decision on their extension application.
Students can attend classes and participate in academic activities without any legal issues during this period.
However, Suppose an applicant seeks to switch from one type of permit to another (for example, from a work permit to a study permit). In that case, they cannot work or study until a decision is made on the new application.
What happens after your permit expires?
When a temporary resident’s permit expires they can:
Submit an extension application before expiration and benefit from maintained status; then, they can stay legally in Canada.
Maintained status covers any gap between the expiry of the old permit and the issuance of the new one, preventing any status violation.
Immigration officers recognize maintained status when assessing PR applications.
The new permit typically indicates that the individual maintained their legal status during the interim period.
Can I Travel Outside Canada while on Maintained Status?
Always keep in mind that Maintained status is valid only within Canada. However, you may leave the country with some sort of restrictions mentioned below:
Re-entry as a temporary resident is possible only for those with a valid Temporary Resident Visa (TRV) or who are TRV-exempt.
Upon re-entry, individuals cannot resume work or study until a final decision is made on their extension application.
For instance, a student awaiting a study permit extension can leave Canada but won’t be able to resume studies until the new permit is issued. It is highly recommended to remain in Canada during this period.
How Can You Prove Your Maintained Status at the Border?
If you re-enter Canada on Maintained status, you must produce the following documents:
Application Status: Provide application evidence like Acknowledgment of receipt (AOR) if applied online or application copy and proof of delivery if it’s a paper submission.
Financial Proof: You must produce financial stability status such as bank statements, pay stubs, or other documentation to support yourself while awaiting the decision on your application.
How Are Application Dates and Times Determined?
Immigration, Refugees, and Citizenship Canada (IRCC) utilize Coordinated Universal Time (UTC) to ensure fairness in application processing across different time zones. You must submit applications before midnight UTC on the day the current status is set to expire.
The applicant loses their Maintained status rights if an application is received after midnight UTC on the expiry date.
Failing to submit an application before the specified deadline results in the loss of Maintained status. which can affect an individual’s ability to remain in Canada legally while waiting for a decision on their extension application
Frequently Asked Questions
What is the significance of maintained status in Canada? Maintained status allows individuals or families to stay in Canada legally while their application for an extension of a previous permit is processed. They do not lose their legal status during this time.
When does maintained status begin? Maintained status begins automatically upon the expiration of a previous permit if an extension application has been submitted.
Can I continue working if I apply for a work permit extension? Yes, of course, if you apply for an extension with the same employer before your current permit expires, you can continue working under the same conditions.
What happens if I apply for a work permit with a different employer? If you apply for a work permit with a different employer, you must stop working when your previous permit expires and wait for the decision on your new application.
As a student, can I continue studying while on maintained status? Yes, students can continue studying under their previous study permit conditions if they apply for an extension before it expires.
What to do if my application is refused while on maintained status? If your application is refused, you will be out of status in Canada. Depending on your situation, you can apply for restoration of status.
Can I leave Canada while on maintained status? Yes, individuals can leave Canada while on maintained status and may re-enter as temporary residents if they have a multiple-entry visa or are TRV-exempt.
How can I prove my maintained status? Proof of your application for an extension is generally accepted as proof of maintained status, provided it was submitted while your previous permit was valid.
What if there’s a gap in dates between my permits? You may notice gaps in dates between your permits. However, the renewed permit usually states that you maintained your status until the new one was issued.
What if my previous permit expires before I receive a decision? If your previous permit expires and you have applied for an extension, you remain on maintained status until a final decision is made, allowing you to stay in Canada legally.
You may contact us for immigration-related concerns. Our team at ImmiLaw Immigration is ready to assist you with your immigration needs, including visa applications, study permits, and permanent residency options. With our immigration lawyer, you will receive expert guidance that simplifies the complexities of the immigration process and ensures that your application is completed accurately and submitted on time.
Are you looking to bring your parents or grandparents to Canada? Many families face this big decision, and figuring out the best way to do it can be a bit tricky. You have two options: the Super Visa and the Parents and Grandparents Program (PGP).
Each pathway has its features and benefits, and it all depends upon which one fits your family’s needs. Whether you want them to visit for a while or settle down permanently, understanding these programs will help you make the right choice.
The blog will discuss the ins and outs of these programs and help you determine which one best meets your family’s needs.
Feature Super Visa Parents and Grandparents Program (PGP)
Feature
Super Visa
PGP
Duration of Stay
Up to 5 years per entry
Permanent
Work Authorization
Not allowed
Allowed
Study Authorization
Not allowed
Allowed
Tax Residency
May be considered a resident
Considered a resident
Social Programs Access
Limited; sponsor covers costs
Eligible for programs
About Super Visa
The Super Visa is designed for parents and grandparents of Canadian citizens or permanent residents, allowing them to visit Canada for extended periods.
Key facts to note include the following:
Duration of Stay: Holders can stay in Canada for up to five years at a time without needing to renew their visa frequently.
Multiple Entries: The visa allows multiple entries over 10 years.
Eligibility Requirements: Sponsors must demonstrate sufficient income to support their relatives during their stay, provide proof of medical insurance coverage for at least one year, and establish relationships with the applicants.
About Parents and Grandparents Program (PGP)
The Parents and Grandparents Program allows eligible sponsors to bring their parents or grandparents to Canada as permanent residents.
Important aspects include:
Permanent Residency: Successful applicants gain PR status, allowing them to live, work, and study in Canada indefinitely.
Eligibility Criteria: Sponsors must meet minimum income thresholds for the past three years and sign a sponsorship agreement committing financial support.
Application Process: The PGP operates through a lottery system, making it highly competitive and offering limited opportunities yearly.
For a quick and temporary visit, the Super Visa is the best choice. It offers faster processing compared to the Parent and Grandparent Program, which is limited by a lottery system and annual intake caps. However, if your relatives are looking for long-term residency, applying for PR through the PGP is a better option.
Who is Eligible for the Super Visa and Parents and Grandparents Program?
To qualify for a Super Visa, your parents or grandparents must meet the following criteria:
Host Requirements:
They need a host who is their child or grandchild who must be:
A Canadian citizen, permanent resident, or registered Indian
At least 18 years old
Lives in Canada.
Capable of meeting the minimum necessary income requirements as per the family size.
A sponsorship agreement saying they are willing to provide financial support for the duration of their visit.
Health Insurance:
The Super Visa requires your parents or grandparents to obtain health insurance from either:
A Canadian insurance company, or
An insurance provider outside Canada approved by the Minister of Immigration, Refugees, and Citizenship.
Your parents or grandparents must purchase health insurance that meets these conditions:
Valid for at least one year from the entry date.
Purchased from either a Canadian insurance company or an approved foreign insurer.
Covers health care, hospitalisation, and repatriation
Provides at least $100,000 in emergency coverage
What are the minimum income requirements for a Super Visa?
To qualify for the Super Visa, sponsors must meet the minimum necessary gross income based on their family size.
Let us explore the income thresholds:
Family Size ( No. of Persons)
Minimum Gross Income (CAD)
1
29,380
2
36,576
3
44,966
4
54,594
5
61,920
These income levels ensure that sponsors have the financial capacity to support their parents or grandparents during their stay in Canada. You may contact us for more details and personalised needs.
Parents and Grandparents Program (PGP) Eligibility
To be eligible to sponsor your parents or grandparents through the PGP, you must meet the following criteria:
RCC must invite you to apply.
At least 18 years old.
Live in Canada and be a Canadian citizen, permanent resident, or registered Indian under the Canadian Indian Act.
Meet minimum income requirements
A sponsorship agreement stating you are willing to provide financial support for the duration of their visit.
What are the Income Requirements by Family Size for PGP?
To sponsor parents or grandparents under the PGP for the 2024 intake, sponsors must meet specific minimum income requirements based on their family size over the past three years.
Let us find out the minimum income requirements needed:
Family Size (People)
2021 Income (CAD)
2023 Income (CAD)
2023 Income (CAD)
2
32,898
43,082
44,530
3
40,444
52,965
54,743
4
49,106
64,306
66,466
5
55,694
72,935
75,384
6
62,814
82,259
85,020
7
69,934
91,582
94,658
Beyond 7 members, you must add more to every Additional Member.
How to Apply for PGP?
As an applicant, you must submit a letter of invitation from your child or grandchild residing in Canada. This letter should include:
A promise of financial support for the duration of the visit
A list of individuals included in the family size calculation, including names and dates of birth.
The total number of people in the household.
For Quebec residents, if IRCC approves the sponsorship application, they will instruct you to submit an undertaking application to the Quebec immigration ministry. It is crucial to wait to submit this application until IRCC provides confirmation, as premature submissions will not be processed.
What is the Application process for a Super Visa?
To apply for a Super Visa, the applicant must:
Be outside Canada at the time of application.
Have a Visa printed by a visa office
Have a child or grandchild who is a Canadian citizen or permanent resident living in Canada.
Not be inadmissible to Canada for health or security reasons.
Provide documents such as birth certificates that establish the relationship between the applicant and their child or grandchild.
Undergo a medical examination, with instructions provided by the visa office after application submission.
Prove they will voluntarily leave Canada at the end of their stay.
What are the key aspects related to visitor status for Super Visa?
Visitor Status Granted by Super Visa
The Super Visa grants visitor status only; holders are not authorized to work or study in Canada during their stay.
However, they may be considered residents of Canada for tax purposes, which requires them to file Canadian income tax returns annually.
Permanent Resident Status through PGP
There are many benefits for Sponsored individuals, including:
Sponsored parents and grandparents gain the legal right to live permanently in Canada.
They can work in Canada without restrictions
They have access to healthcare services in Canada
After fulfilling residency requirements, sponsored individuals can apply for Canadian citizenship
They can enjoy access to various Canadian social programs.
Their sponsor is responsible for covering any social assistance costs they receive during the undertaking period (20 years outside Quebec; 10 years in Quebec)
What are the processing times for PGP?
The cutoff date to apply for the 2024 intake of the PGP was August 2, 2024. Applicants for this intake were randomly selected from those who submitted their interest to apply in 2020.
The IRCC reports a processing time of approximately 24 months for those who have submitted their PGP applications.
There have been long wait times, and submitting an interest to sponsor form does not guarantee that a family member will receive an invitation to apply.
The IRCC aims to accept 20,500 complete applications from the 35,700 invitations from May 21, 2024.
What are the processing times for Super Visa?
There is no yearly cutoff date for applying for the Super Visa.
Once an application is submitted, it typically takes about three months or less to process.
While the PGP involves a lengthy process with significant wait times and no guaranteed invitation, the Super Visa offers a more immediate option for parents and grandparents visiting Canada.
How to calculate Family size for the PGP?
Sponsor’s Family Members
The Sponsor: The individual applying to sponsor their parents or grandparents.
Spouse or Common-Law Partner:
The sponsor’s spouse, even if they are separated (in most cases).
If the spouse or common-law partner is co-signing the application, include them for all three years of the undertaking.
If they are not co-signing, include them only for the years they meet the definition of a spouse or common-law partner.
Dependent Children
The sponsor’s dependent children.
The dependent children of the spouse or common-law partner
Any dependent children of the dependent children
Only include children for the years they meet the definition of a dependent child.
People Being Sponsored
Principal Applicant – The individual being sponsored (parent or grandparent)
Their spouse or common-law partner and their separated spouse unless either is in a common-law relationship with another person.
Dependent Children:
The principal applicant’s dependent children
The dependent children of their spouse or common-law partner
Any dependent children of the dependent children
Always remember that the calculation must encompass all family members of the principal applicant, even if they are not coming to Canada or are already permanent residents or Canadian citizens.
How to calculate Family size for the Super Visa?
Host and Their Family Members
The host
The host’s spouse or common-law partner, even if separated (usually).
Dependent children of the host and their spouse or common-law partner
You and any other Super Visa applicants applying at the same time (such as your spouse or common-law partner)
Children who meet the definition of a dependent child must be included regardless of custody and child support arrangements.
Previously Approved Super Visa Applicants
Include any previously approved Super Visa holders who were part of another letter of invitation signed by the host or their spouse/common-law partner that is still applicable.
Previously Sponsored Individuals
Include individuals for whom the host or co-signer has previously sponsored (or acted as a co-signer) where the duration of the undertaking is still in effect.
By accurately calculating family size for both programs, sponsors can ensure they meet income requirements and provide a complete application. You may contact us for a detailed consultation.
What Qualifies as a Dependent Child?
As per IRCC, a dependent child is:
who is younger than 22.
cannot be married or with no Common-Law Partner.
However, individuals aged 22 or older can qualify if:
They have depended on their parents for financial support before turning 22.
They cannot financially support themselves due to a mental or physical condition.
What documents are accepted to prove dependency?
Usually, the following documents are accepted to prove the legitimacy of the dependent relationship:
For Spousal Relationships
Marriage Certificate: A valid government-issued marriage certificate.
Joint Ownership Documents: Mortgage statements, bank statements, or lease agreements showing both names
Tax Returns: The first page of the most recent federal tax return indicating marital status.
For Domestic Partnerships
Domestic Partnership Registration: Proof of registration as a domestic partner
Proof of Financial Interdependence: Any three documents such as joint bank accounts, joint leases, or shared utility bills issued within the last 12 months.
For Parent-Child Relationships
Government-issued birth certificate: Must show the child’s parent(s) name(s).
Adoption Papers: Court-issued adoption decree and additional notarized documents if applicable.
Court Child Support Order: Shows the child’s parent(s) and confirms dependency.
Additional Supporting Documents
Proof of Cohabitation: Documents showing both parties reside at the same address, like utility bills or bank statements.
Affidavits or Notarized Letters: Confirming relationships, especially in cases with stringent requirements.
Now that you have enough details about both PGP and Super visas, you may be thinking about the expected fees required to sponsor your parents or grandparents through a PGP or Super visa. Let us break down the expected total costs for both pathways.
What will be the Estimated Fees for PGP and Super Visa?
Program
Fee Description
Amount (CAD)
Payment Timing
Super Visa
Visitor visa fee
100
Paid when applying
PGP
Sponsorship fee
85
Paid when applying
Principal applicant processing fee
$545
Paid when applying
Right of permanent residence fee
$575
Paid when an application is approved
Note: These fees are subject to change. Before applying, it is essential to check the official IRCC website for the most up-to-date information.
In conclusion, deciding between the Parents and Grandparents Program (PGP) and the Super Visa depends on what you need for your family. Suppose you want your parents or grandparents to visit Canada for long periods without becoming permanent residents. In that case, the Super Visa is a great option, allowing stays of up to five years. On the other hand, if you wish for them to live in Canada permanently, the PGP is the way to go. Consider your goals and circumstances carefully to determine which option best fits your family’s situation.
ImmiLaw Immigration Law Professional Corporation offers exceptional legal representation in immigration matters, particularly for those looking to sponsor their loved ones. Whether you are seeking to reunite with family members or navigate other immigration pathways, our team is committed to supporting your immigration journey at every step. Contact us for personalised needs and assistance.
