When you are planning to move to Canada, you undoubtedly want to have family members move with you. In addition to sponsoring your spouse or common-law partner, as a permanent resident or citizen of Canada you are also able to sponsor dependant children. These dependant children can be your own children or the child of your spouse/common-law partner that you are sponsoring, so long as they meet certain requirements.
What is a dependant child?
A person will qualify as a dependant child if they are both under 22 years old and do not have a spouse or common-law partner.
There are certain circumstances where a child 22 years old and over can qualify as a dependant if they meet the following requirements:
- Are unable to financially support themselves because of a mental or physical condition
- They have depended on their parents for financial support since before the age of 22
Types of Dependants
IRCC has three categories of dependants:
- Type A: The dependant is under the age of 22 and single (not married or in a common-law relationship)
- Type B: This type only applies if your child’s age was locked in before August 1, 2014. The dependant has been continuously enrolled, and in attendance, a full-time student at a post-secondary institution; and has substantially depended on the financial support of a parent since before the age of 22, or since marrying or entering into a common law relationship.
- Type C: The dependant is 22 years old or older and has been dependant substantially on the financial support of a parent since before the age of 22 and is unable to provide for themselves due to a medical condition.
Can you sponsor a dependant child to Canada?
In order to sponsor a dependant child, you first have to first determine whether you are eligible to be a sponsor as a Canadian citizen or permanent resident, which can be found on our page Requirements for Canadian Spousal Sponsorship.
If you are a Canadian citizen, your child may also be a Canadian citizen too, even if they were not born in Canada. If your child has a claim to Canadian citizenship, you do not have to sponsor them as a dependant child for them to come to Canada.
If you are a permanent resident, you must reside in Canada while the sponsoring application is processing. As a citizen, you are exempt from this residency requirement and can live abroad while the sponsorship application is processing. However, you will need to provide proof of your intent to return to Canada once your spouse/partner and dependant child have been granted permanent residency.
How do you sponsor a dependant child?
If you are looking to sponsor your spouse/partner and a foreign-born child – this can be their own child or a child you had together – your spouse/partner will be named as the principal applicant and the child as a dependant on the application. Furthermore, if the child you want to sponsor has a child of their own, you can include the grandchild as a dependant on the application
Other supporting documents will be required if you are looking to sponsor a dependant child that is your spouse/partner’s own child. If the dependant child is a minor (under 18) at the time of the application, and your spouse/partner has separated or divorced from their child’s other birth parent, copies of a full custody agreement must be provided to show the child is free to move to Canada. Furthermore, a Declaration from the non-accompanying parent/guardian for minors immigration to Canada form (IMM5604) must be completed and signed by the other parent.
It is important to note that once IRCC receives a complete sponsorship application from you, the age of the child is locked in at the age on the day the complete application was submitted. For instance, if your child was 21 at the time of the application submission, but throughout the processing time the child turned 22, they would still be considered a dependant child and be eligible to receive permanent residency.
If you are looking to sponsor a child that you have adopted, please note the sponsorship application process is different.
What are your obligations as a sponsor?
There is no minimum income requirement to sponsor a dependant child; however, you must provide proof that you have sufficient income or assets to support the people you are sponsoring once they arrive in Canada.
When you agree to sponsor a dependant child to Canada, you will have to sign an undertaking, that promises to give financial support for the basic needs of the dependant children, along with your spouse/partner. This undertaking is in effect as soon as your spouse/partner and their dependant children are granted permanent resident status. You will be responsible for this financial undertaking of a dependant child for a specific length of time:
- For a dependant child over 22 years old: the length of the undertaking is 3 years from the day the dependant child becomes a permanent resident
- For a dependant child under 22 years old: the length of the undertaking is 10 years from the day the dependant child becomes a permanent resident, or until the child becomes 25 years old, whichever comes first.
How Can We Help
The Law Office of Matthew Jeffery has over 20 years of experience in guiding individuals from start to finish through the sponsorship process. If you are interested in sponsoring your family, you can fill out our Free Assessment Form to see if we can help you.