Understanding the Eligibility and Process for a Canadian Permanent Resident Dependent

Understanding the journey to bring a Canadian Permanent Resident Dependent to live in Canada is one of the most vital aspects of Canadian immigration. When an individual achieves Permanent Resident (PR) status, the primary goal often shifts to reuniting with family members, ensuring they can share in the prosperity and stability that Canada offers. This detailed blog post serves as a comprehensive guide, breaking down the definitions, eligibility requirements, and procedural steps mandated by Immigration, Refugees and Citizenship Canada (IRCC) for sponsoring dependents.

The process is governed by strict regulations designed to ensure both the integrity of the immigration system and the well-being of the sponsored family members. Whether you are sponsoring a spouse, a common-law partner, or children, grasping the specific legal definitions is the first, and most critical step.

The Core Definition: Who Qualifies as a Dependent?

The definition of a ‘dependent’ is specific and subject to change based on Canadian immigration legislation. For family reunification and sponsorship applications, Immigration, Refugees and Citizenship Canada (IRCC) uses a strict set of criteria to determine eligibility. It is essential to use the definition that is current at the time your application is officially received (the lock-in date).

1. Dependent Children

The most common category of dependent is the child of the principal applicant or the sponsor. To qualify as a dependent child under current IRCC regulations, the individual must meet both of the following criteria:

• Age Limit: The child must be under the age of 22.
• Marital/Common-Law Status: The child cannot be married or in a common-law relationship.

The Exception for Financial Dependency

There is a crucial exception to the age and marital status rules for children who meet the following conditions:

• Physical or Mental Condition: The child must have been unable to be financially self-supporting due to a physical or mental condition.
• Continuous Dependency: They must have been financially dependent on the parent (the sponsor or the principal applicant) since before the age of 22.

This exception ensures that vulnerable individuals who require ongoing parental support are not disqualified solely based on age.

2. Spouses, Common-Law Partners, and Conjugal Partners

While often sponsored under the dedicated Spousal Sponsorship Class, a spouse or partner is considered a dependent family member. The criteria here focus heavily on the authenticity of the relationship:

• Spouse: Legally married to the sponsor.
• Common-Law Partner: A person who has lived with the sponsor in a conjugal relationship for at least one continuous year, supported by physical proof (joint leases, shared bank accounts, utility bills).
• Conjugal Partner: A person living outside of Canada who has been in a conjugal relationship with the sponsor for at least one year but cannot live with the sponsor due to significant legal or immigration barriers (e.g., divorce laws, persecution of same-sex relationships).

Sponsorship Pathways for Canada Permanent Resident Dependents

A Canadian Permanent Resident sponsors family members through the Family Class immigration program. This program is distinct from economic or humanitarian streams and is designed specifically to prioritize family reunification.

The Sponsor’s Responsibilities: The Undertaking

A permanent resident who sponsors a dependent must sign a formal agreement with the Canadian government known as an “Undertaking.” This is a legally binding promise to provide financial support for the sponsored dependent(s) for a set period, ensuring they do not need to rely on provincial social assistance programs.

The length of the undertaking varies based on the family member:

Relationship to Sponsor	Length of Undertaking
Spouse, Common-Law, or Conjugal Partner	3 years from the date the dependent obtains PR status.
Dependent Child (under 22)	10 years, or until the child turns 25, whichever comes first.
Dependent Child (over 22, qualifying exception)	3 years from the date the dependent obtains PR status.

Crucial Note on Finances (LICO): For most immediate family sponsorships (spouses, common-law partners, and dependent children), the sponsor does not need to meet the Low Income Cut-Off (LICO) financial threshold. This is a significant relief compared to sponsoring non-immediate relatives (like parents or grandparents), which has rigorous income requirements. The primary requirement is proving the ability to support the family member without accessing social assistance.

Eligibility Requirements for the Sponsor (The PR)

Not every Canadian Permanent Resident is eligible to sponsor a dependent. The sponsor must meet strict criteria at the time of the application and throughout the processing period.

1. Age and Status

• The sponsor must be at least 18 years old.
• The sponsor must be a Canadian Citizen residing in Canada or a Permanent Resident residing in Canada.

2. Residence Requirement

If the individual is a Permanent Resident (not a citizen), they must generally be residing in Canada when the application is submitted and until the sponsored person becomes a PR. Citizens sponsoring a spouse or dependent children may apply while living abroad, provided they can prove their intent to return and live in Canada with their family member once the dependent obtains PR status.

3. Inadmissibility Restrictions

A PR cannot sponsor a dependent if they are subject to certain prohibitions, including:

• Being incarcerated (in jail or prison).
• Having defaulted on a previous sponsorship undertaking (e.g., failing to pay child support or spousal support).
• Being in default on an immigration loan.
• Receiving social assistance for reasons other than a disability.
• Having a history of serious criminal convictions, especially those involving violence or sexual offenses.

The Application Process: A Step-by-Step Overview

The application process for bringing a Canadian Permanent Resident Dependent is detailed, requiring meticulous completion of forms and submission of extensive supporting documentation.

Step 1: Determine Eligibility and Gather Documents

The sponsor must ensure they meet all eligibility criteria, and the dependent must fit the IRCC definition. Documentation at this stage often includes:

• Proof of the sponsor’s PR status (PR card or Confirmation of Permanent Residence).
• Proof of relationship (marriage certificate, birth certificate, joint documents for common-law partners).
• Identity documents for both the sponsor and the dependent.

Step 2: Submit the Sponsorship and Permanent Residence Applications

The application package typically includes two main parts submitted together to IRCC:

1. Sponsorship Application: The forms completed by the Canadian sponsor, confirming their financial and residential eligibility and their commitment to the undertaking.
2. Permanent Residence Application: The forms completed by the dependent (or the principal applicant in family applications), detailing their background, travel history, and identity.

Step 3: Processing and Background Checks

IRCC assesses the application package for completeness (A-10 verification). Once accepted for processing, the dependent must pass several background checks, which are essential for screening against criminal and security threats:

• Security Checks: Verification of potential ties to organized crime or espionage.
• Criminality Checks: Police certificates from every country where the dependent has lived for six months or more since turning 18.

Step 4: The Medical Examination

Every dependent applying for permanent residence must undergo an Immigration Medical Examination (IME) performed by a panel physician approved by IRCC. This examination confirms that the dependent does not pose an excessive demand on Canada’s health or social services and is not a danger to public health.

Step 5: Final Decision and Landing

Once all checks are complete and the application is approved, the dependent will receive a Confirmation of Permanent Residence (COPR) document and, if applicable, a visa. Upon arrival in Canada, the dependent lands as a new Permanent Resident. If they were already in Canada during the application, they will be asked to complete their landing process domestically.

Post-Arrival Obligations and Dependent Status Maintenance

Once a Canadian Permanent Resident Dependent arrives in the country, they hold the same rights and responsibilities as the sponsor, provided they maintain their PR status.

Maintaining PR Status

The dependent must meet the PR Residency Obligation, which requires them to be physically present in Canada for at least 730 days (two years) out of every five years.

Sponsor’s Continued Undertaking

The sponsor’s financial undertaking remains in effect regardless of changes in the dependent’s circumstances (e.g., divorce, separation, or the dependent finding employment). The sponsor is obligated to fulfill the terms of the undertaking for the full duration specified (3 or 10 years).

Seeking Professional Guidance

Given the complexity of definitions, particularly regarding common-law relationships and dependent child status, it is highly recommended that PRs seeking to sponsor family members consult with a regulated Canadian immigration consultant or an immigration lawyer. These professionals can ensure that the application is accurately prepared, reducing the risk of refusal and streamlining the entire process with IRCC.

Frequently Asked Questions (FAQs) about Canada Permanent Resident Dependents

Q1: What happens if my child turns 22 while the application is processing?

This depends on the lock-in date. The dependent’s age is locked in on the date IRCC receives the complete application. If the child was under 22 when the application was received, they will generally remain eligible, even if they turn 22 before the final decision is made. However, if the application is returned incomplete and resubmitted after the child’s 22nd birthday, the child may lose eligibility unless they qualify under the financial dependency exception.

Q2: Does the sponsor have to be working to sponsor a dependent spouse or child?

No. For immediate family members (spouse, common-law partner, dependent children), the sponsor does not need to meet the Low Income Cut-Off (LICO) or be employed. However, the sponsor must demonstrate that they are not currently receiving social assistance (welfare), unless they are receiving disability benefits. They must also prove they can fulfill the financial undertaking without reliance on government aid.

Q3: Can a dependent child sponsor their own parents in the future?

Yes. Once the dependent child obtains their own Permanent Resident status and meets the necessary residency and financial requirements (including being 18 years of age or older), they are fully eligible to sponsor their own parents under the Parents and Grandparents Program (PGP) when that program opens for applicants.

Q4: If I sponsor a spouse, can they sponsor their child from a previous relationship?

Yes, provided that the child meets the IRCC definition of a dependent child (under 22, not married, or qualifies under the exception) and is listed on the principal applicant’s (the spouse’s) application. This is generally referred to as a “stepchild” in the context of the sponsorship application, and they must be included in the submission.

Q5: Can a PR who is living abroad sponsor a dependent?

A Permanent Resident (PR) must live in Canada to sponsor a dependent. Only Canadian citizens may sponsor a spouse or dependent child while living outside of Canada, provided they prove they intend to return to Canada to reside permanently with the sponsored person once they land. PRs who attempt to sponsor while habitually residing outside of Canada will typically have their application refused.