Parent and Grandparent Sponsorship Lawyer: Guide to Sponsoring Parents and Grandparents to Canada

Sponsoring grandparents or parents falls under the Parents and Grandparents Program (PGP sponsorship) which aims to facilitate family reunification.

To sponsor your parents or grandparents, Canadian citizens or permanent residents must be invited to apply. A crucial step in this process is submitting the interest to sponsor form, which is essential for entering the pool of potential sponsors. Currently, IRCC is not accepting any more applications for the 2023 intake. For the 2023 intake, IRCC invited potential sponsors from the remaining pool of interest to sponsor forms which were submitted in 2020.

Once you are invited to apply, Principal Applicants, which are your parents or grandparents, can apply through the Permanent Residence online portal. Alternatively, if you retain a lawyer to apply on your behalf, your lawyer or representative will apply through the Representative portal.

Am I Eligible to be a sponsor as a Canadian Permanent Resident?

You can sponsor your biological or adopted parents and grandparents as long as you meet the sponsor eligibility requirements. You must be at least 18 years old, live in Canada, and have the required status. To be eligible to be a sponsor, you must be a Canadian citizen, a Canadian permanent resident, or a person who is registered in Canada under the Canadian Indian Act.

Who can I sponsor under the Parental Sponsorship Application 

If your parents or grandparents are divorced, you will be required to submit separate applications to sponsor both parents or grandparents. Dependent children, spouses, and common law partners can be included in the application, as long as they qualify as dependents. This means that your siblings, step-siblings, and/or half-siblings may be included in the application as long as they are under 22 years of age, and meet the IRCC definition of a dependent child. 

What are the eligibility requirements under the Parental Sponsorship Application?

One of the most important eligibility requirements is financial eligibility. If you do not have enough income to sponsor your parents or grandparents, then you can include a co-signer to help you meet the income requirement. Your co-signer must be your spouse, conjugal partner or common-law partner. However, your co-signer must also meet the same eligibility requirements as the sponsor, such as having the required status and being over 18 years old. The sponsor and co-signer must demonstrate that they have enough income to support all the people that they are both financially responsible for including the persons being sponsored. This calculation must include the sponsor and the co-signer as well.

Eligibility requirements for the sponsor will also differ depending on whether the sponsor resides inside of outside of Quebec. For those sponsors living in Quebec, you must meet Quebec’s immigration sponsorship requirements, and income is assessed differently as per the Quebec Ministry in charge of Immigration. For sponsors living outside of Quebec, you must commit to financially support your parents or grandparents for 20 years, starting when they become permanent residents and repaying any provincial social assistance that the sponsored family members get during that time. This support includes basic needs such as food, clothing, and shelter. You must also ensure they do not need to seek social assistance from the government during this time.

What Financial Documents do I need to submit?

If you are invited to apply, you must provide proof that you meet the income requirements for each of the 3 tax years before the date you apply. For example, a person who is applying for the 2023 intake will have their income assessed for tax years 2022, 2021, and 2022. Proof of income also includes a Notice of Assessments or equivalent documents issued by the Minister of National Revenue. To find out more, you can visit the IRCC website which provides the necessary income requirements for the total number of people you are responsible for and for the applicable tax years. Additionally, it's important to note that the sponsorship application processing fee is non-refundable if the application is not processed.

What makes you ineligible to sponsor 

There are several circumstances that may make a person ineligible to sponsor their parents and grandparents, such as being in jail, prison, or penitentiary, or having an immigration loan, performance bond, or court-ordered family support that hasn’t been paid back. Similarly, you may not be eligible to sponsor your parents or grandparents if you failed to provide financial support that you agreed to when signing a prior sponsorship agreement if you have declared bankruptcy and are not discharged if you receive social assistance other than for disability if you were convicted of a violent criminal offence, or an offence against a relative or any sexual offence inside/outside Canada, or if you cannot legally remain in Canada due to a removal order. Ultimately, the IRCC has the discretion to find a sponsor eligible to sponsor their parents and/or grandparents.

Your grandparents or parents also must meet the eligibility criteria for admissibility to Canada, including passing medical exams and security checks. They must not be inadmissible for reasons such as criminality, security, or health. To show that they meet the eligibility requirements, they will need to provide additional information that the IRCC requests during processing, such as medical exams, police clearances, and biometrics. 

Can my parents come to Canada now?

If you weren’t invited to apply and you’d like your parents and grandparents to come to Canada, they may be eligible to apply for a super visa that would allow them to stay in Canada for up to 5 years at a time, serving as an alternative way for them to be in Canada while pursuing Canadian permanent residence.

Although you do not need a legal representative to sponsor your parents or grandparents, having a representative can assist in alerting you to when IRCC invitations to apply are opened. Having a legal representative can also help in ensuring that you understand and comply with the various eligibility requirements. If you would like to learn more about the application process to sponsor your parents or grandparents, please contact us to schedule a consultation.

Why Hire AKM Law for Your Parents and Grandparents Sponsorship Application

Choosing AKM Law for your parental and grandparent sponsorship application guarantees access to a team with extensive expertise in immigration law, particularly in navigating the complexities of these specific processes. With a proven track record of success and a commitment to personalized service, AKM Law offers tailored legal solutions designed to align with your unique circumstances and objectives. Our comprehensive support extends from initial consultation to final approval, with transparent communication and accountability at every stage. By prioritizing a client-centered approach rooted in empathy and dedication, AKM Law ensures that your journey to reunite with your loved ones in Canada is guided with skill, diligence, and unwavering advocacy, ultimately leading to a successful outcome.

Family Sponsorship - AKM Law - Toronto Immigration Law Firm
Family Sponsorship | AKM Law | Toronto Immigration Law Firm

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