Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada — Part 2: The immigrant’s guide (IMM 3999)

Immigrating to Canada

The enclosed instructions and forms are sent to the principal applicant (you) by the sponsor (a Canadian citizen or permanent resident) who wishes to support the application for immigration to Canada of a person (you) as a member of the family class. The sponsor agrees to sign a contract (the sponsorship undertaking) by which he or she promises to provide, for a specific number of years, coverage of your basic requirements (food, shelter, clothing, fuel, utilities, household supplies, personal requirements, dental care, eye care and other health care not provided by public health care) and those of the family members who will be accompanying you to Canada. It is important that you familiarize yourself with the contents of this guide before you complete the forms and return them to your sponsor. Your sponsor cannot submit the sponsorship forms until he or she receives your application.

We are committed to issuing visas for routine cases of spouses, common-law partners, conjugal partners and/or dependent children as quickly as possible after the Case Processing Centre in Mississauga (Ontario, Canada) (Case Processing Centre in Mississauga) receives complete applications from the sponsor. However, a number of factors could have an impact on the outcome of your application or the time needed to process it. There can be no guarantee that the sponsorship will be approved or that the visas will be issued. A list of factors that can slow down processing of applications has been provided to your sponsor.

About the family class

The family class includes, among others, persons who are the sponsor’s

• spouse
• common-law partner
• conjugal partner
• dependant son or daughter (see Dependant Children)

Note: You cannot be sponsored as a spouse, common-law partner or conjugal partner if the sponsor gave a previous sponsorship undertaking in favour of a spouse, common-law partner or conjugal partner and three years have not passed since that spouse, common-law partner or conjugal partner became a permanent resident of Canada.

Spouse

You are the sponsor’s spouse if you are a person of the opposite sex aged 16 or older and are legally married to the sponsor.

Note: A marriage between two persons of the same sex will be recognized, for immigration purposes, where the marriage:

1. was legally performed in Canada; or
2. if performed outside of Canada, the marriage must be legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:
   • Belgium
   • the Netherlands
   • South Africa
   • Spain
   • the State of Massachusetts.

For additional information on same-sex marriages, consult our website at www.cic.gc.ca.

You cannot be sponsored as a spouse if

• you or the sponsor were the spouse of another person at the time of your marriage, or
• you have lived separate and apart from the sponsor for at least one year and you or the sponsor are in a common-law relationship with another person.

Common-law partner

You are a common-law partner if you are a person of the opposite or same sex, who is living with the sponsor in a conjugal relationship and have done so for a period of at least one year.

If your application is approved and you become a permanent resident of Canada, you will have to meet the definition of a common-law partner before you can exercise any rights or privileges associated with common-law status.

Conjugal partner

You can be sponsored as a conjugal partner if you have maintained an opposite or same-sex conjugal relationship with your sponsor for at least one year; that is, you have been in a committed and mutually interdependent relationship of some permanence where you have combined your affairs to the extent possible (a marriage-like relationship).

This last category is intended for partners of Canadian sponsors who would ordinarily apply as common-law partners but cannot meet the definition (were not able to live together continuously for one year with their sponsor), usually because immigration rules prevent long stays in one another’s countries. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. Such factors as marital status or sexual orientation, in addition to an immigration impediment, usually prevent both partners from entering into a common-law relationship or marrying.

Non-cohabitation for purely personal or economic reasons (for example, did not want to give up a job or studies) does not normally qualify as a sufficient impediment. Applicants should be able to provide evidence that they have tried to live together as common-law partners. For example, they might have explored options for living together in one another’s countries, such as work or study permits, visitor visas, long-term visitor status, etc.

Note: There is no fiancé(e) category in Canada’s immigration legislation. If you and your sponsor are fiancé(e)s, you must marry before your sponsor submits the sponsorship and immigration applications. Your application may be refused if you apply as a fiancé(e).

Dependent children

Your child or a child of your spouse or common-law partner will be considered a dependent child if that child

A. is under the age of 22 and not married or in a common-law relationship; or

B. married or entered into a common-law relationship before the age 22 and, since becoming a spouse or a common-law partner, has

• been continuously enrolled and in attendance as a full-time student in a post secondary institution accredited by the relevant government authority and
• depended substantially on the financial support of a parent; or

Is 22 years of age or older and, since before the age of 22, has

• been continuously enrolled and in attendance as a full-time student in a post secondary institution accredited by the relevant government authority and
• depended substantially on the financial support of a parent; or

C. is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to provide for him/herself due to a medical condition.

Dependent children must meet the above requirements both on the day CPC-M receives a complete application for a permanent resident visa and, without taking into account whether they have attained 22 years of age, on the day a visa is issued to them.

If you are an adopted child or acting on behalf of an adopted child, make sure you are using the right kit; contact your sponsor for more information.

Note: If you became a permanent resident of Canada sometime in the past but have subsequently left the country and have since been living outside Canada, you may not have lost your permanent resident status. If you have not lost your permanent resident status, you may not be sponsored. For further information on re-entry of permanent residents to Canada, see the guide Applying for a Travel Document on our website.

If you were born outside Canada and one of your parents was a Canadian citizen at the time of your birth, you most likely are a Canadian citizen and as such, cannot be sponsored. Consult our website for more details on Canadian citizenship and how to apply for a proof.

Persons who should be included in the application

If you are being sponsored as a member of the family class, your spouse or common-law partner (except where your spouse or common-law partner is the sponsor) must be included in your application as a family member. You must also include all your dependent children from your current and previous relationships, whether they will be going with you to Canada (accompanying family members) or not (non-accompanying family members).

Note that the visa office will not issue permanent resident visas to family members whom you identify as not accompanying you to Canada.

All your family members, whether accompanying you or not, must be declared on your application and be examined. If family members are not examined, it is generally not possible to sponsor them at a later date. This includes children in the custody of a former spouse or common-law partner.

In addition, failure to declare family members on your application and have them examined goes against your duty to provide truthful and accurate information, and may cause you to be found inadmissible to Canada.

Medical instructions

Who must undergo a medical examination

You and all your family members who are not already Canadian citizens or permanent residents must undergo and pass a medical examination, whether they will be joining you in Canada or not.

Members of the family class include:

• spouse
• common-law partner
• conjugal partner
• dependent children

Custody of a dependent child

All your dependent children must undergo a medical examination whether;

• You have sole or joint custody, or
• Custody is with the other parent

If a child does not undergo a medical examination, you will not be able to sponsor them at a later date

Your previous medical result

If you or your family members have already had a medical examination for immigration to Canada, you must provide proof. This may be found:

• On your original work permit
• On a page in your passport

Depending on the validity date, you may be asked to redo the medical examination.

How to proceed

If you are required to undergo a medical examination you must follow these steps

Step	Action
1	Make an appointment with a Designated Medical Practitioner (DMP) for you and each required family member. DMP in your region: http://www.cic.gc.ca/dmp-md/medical.aspx
2	Fill out Appendix C and bring it and the following items if applicable for you and each of your family members to your medical appointment: Appendix C Passport and photocopies of the biographical data pages (this is the page that shows the date of birth, the country of origin, etc.) If no passport is available, provide an official identity document bearing a photo and the date of birth of the family member Eye glasses or contact lenses Previous medical reports, prescriptions or treatments 5 recent photos, taken within six months preceding the date of your examination Immigration client identification number (ID #), if known
3	The DMP will give you Copy 2 of the Medical Report: IMM 1017 EFC - Medical Report Section A. Include the original of Copy 2 with your application. (Photocopies will not be accepted.)
4	The DMP will send your results to the appropriate medical office for processing.

Authorized doctors

Only examinations performed by a physician on Canada’s list of Designated Medical Practitioners (DMPs) will be recognized for immigration purposes

The doctor cannot provide you with the results of the medical examination however he or she will tell you if you have a health-related problem. The doctor cannot provide any advice on the immigration process.

Additional photograph requirements

Persons living in the countries listed below must also provide a negative and two photos (See Photo Specifications section within this document) for themselves and each family member: Bhutan, India, Nepal, Pakistan, Sri Lanka, Vietnam.

Medical fees

You are responsible for paying all costs related to the medical examinations.

About the medical examination

The medical examination is defined as any or all of the following:

• Complete physical examination for all family members;
• Chest X-ray and a radiologist’s report for everyone aged 11 years and older;
• Urinalysis for everyone aged 5 years and older;
• Blood test for everyone aged 15 years and older;
• HIV testing for everyone aged 15 years and older and
• HIV testing for children who have received blood or blood products or who have a known HIV mother

Medical validity

Medical results for applicants who pass a medical examination and who are not subject to medical surveillance are valid for 12 months from the examination date or the date of the X-ray, whichever is earlier.

Additional information and links

All medical reports and X-rays for the immigration medical examination become the property of the Canadian Immigration medical authorities and cannot be returned to the person examined.

For inquiries regarding immigration processes or the status of your application once the examination has been completed, follow these steps:

Step	Action
1	Log on to our website.
2	Select “I Need To…” on the right hand side of the page.
3	Click on Check My Application Status.
4	Click on Client Application Status.

A list of Designated Medical Practitioners is available on our website at: http://www.cic.gc.ca/dmp-md/medical.aspx

Police certificates

You and your family members who are 18 years of age and older and are not permanent residents or Canadian citizens have to provide:

• a valid police certificate, or
• police clearance, or
• record of no information.

These documents are to be provided for each country other than Canada, in which you have lived for six consecutive months or longer since reaching the age of 18.

Note: If you or your family members were under 18 years of age (16 years of age in certain jurisdictions) for the entire time you lived in a particular country, you do not need to provide a police certificate for that country.

The certificate must have been issued no more than three months prior to submitting your application. If the original certificate is not in English or French, then you will need to submit both the certificate and the original copy of the translation prepared by an accredited translator.

It is your responsibility to contact the police or relevant authorities. When doing so, you may have to:

• pay a fee for the service, and
• provide information or documentation such as:
  • photographs,
  • fingerprints,
  • your addresses and periods of residence in the country or territory.

We will also do our own background checks to determine if there are grounds under which you and your dependants may be inadmissible to Canada. Please consult our website for specific and up-to-date information on how to obtain police certificates from any country.

Criminality

Generally, persons with a criminal conviction are not admitted into Canada. However, if a prescribed period has passed after they have completed their sentence or committed an offence and during which they were not convicted of a subsequent offence, they may be deemed to have been rehabilitated. If they are not deemed to have been rehabilitated, they may, under special circumstances, be eligible to apply for rehabilitation.

Offences outside Canada

If you were convicted of or committed a criminal offence outside Canada, your may be deemed to have been rehabilitated if 10 years have passed since you have completed the sentence imposed upon you or since you have committed the offence, if the offence is one that would, in Canada, be an indictable offence punishable by a maximum term of imprisonment of less than 10 years. If the offence is one that would, in Canada, be prosecuted summarily and if you were convicted for two or more such offences, that period is 5 years after the sentence imposed was served or to be served.

Offences in Canada

If you have a criminal conviction in Canada, you must seek a pardon from the National Parole Board of Canada before you apply for immigration to Canada. For further information, contact:

Clemency and Pardons Division
National Parole Board
410 Laurier Avenue West
Ottawa ON K1A 0R1
Telephone: 1 800 874-2652 (Callers in Canada and the United States only)
Facsimile: 1 613 941-4981
Website: www.npb-cnlc.gc.ca (the guide which includes application forms can be downloaded from the website)

If you have had two or more summary convictions in Canada, you may be deemed rehabilitated and no longer inadmissible if

• 5 years have passed since the sentence imposed was served or to be served,
• you have had no subsequent convictions and
• you have not be refused a pardon.

See Table 1 for a summary of the type of offences and length of rehabilitation periods.

If you or any of your family members have committed a criminal offence, you must provide, in addition to any police certificates or clearances, a full description of the circumstances surrounding the offence and the court record. This information will be reviewed by the visa office and you will receive further instructions.

Immigrating to Quebec

If you are being sponsored by a Canadian citizen or permanent resident living in the province of Quebec and you intend to settle there, you will receive from your sponsor an additional set of instructions and a form, the Application for Selection Certificate, to complete, sign and return to your sponsor.

If your sponsor meets all of the conditions of Quebec’s provincial legislation to provide an undertaking for you, a Certificat de sélection du Québec (CSQ) will be issued to you. A CSQ is a document issued by the Ministère de l’Immigration et des Communautés culturelles (MICC) indicating that you are a family class immigration candidate being sponsored by a resident of Quebec who meets the conditions of the provincial legislation.

For more information on Quebec’s requirements, go to the MICC website at www.immigration-quebec.gouv.qc.ca and click on Sponsors and Sponsored Persons.

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