Family Sponsorships: Dependents & Adopted Children
Aside from sponsorship applications for marital and conjugal partners, the Immigration, Refugees and Citizenship Canada (IRCC) also accepts sponsorship applications for dependent and adopted children under the Family Class.
This article will explain how to apply under this class and what the eligibility requirements are for both the parent sponsor and the applying dependent child.
The Objective: Family Reunification
As written in Section 3 of Canada’s Immigration and Refugee Protection Act, the Canadian government is devoted to the reunification of families in Canada, encouraging families who may be separated by distance to come to Canada and live together. Under the Act, Canadian Immigration permits parents to sponsor their dependent children for permanent residence in Canada.
Who Can Sponsor?
The Immigration and Refugee Protection Act permits Canadian citizens and permanent residents of Canada to sponsor their dependent children to come to Canada as permanent residents.
As per the usual requirements, the sponsor must be at least 18 years old, must reside in Canada, and is not subject to bars against sponsorship. Canadian citizens living outside Canada may also sponsor their dependent children so long as they can demonstrate that they will live in Canada upon approval of the application.
Take note that the length of undertaking – which is a document that binds the sponsor to give financial support for the basic needs of the sponsored – for dependent children is different from that of with spouses, common-law, and conjugal partners.
For dependent children under 22 years old, the length of undertaking is 10 years from the day your dependent child becomes a permanent resident or until your dependent child reaches 22 years of age.
For dependent children that are 22 years old and over, the length of undertaking is 3 years from the day your dependent child becomes a permanent resident. Note that sponsoring dependent children that are 22 years old and over is only possible if certain conditions are met.
Who Can You Sponsor?
Dependent children are typically defined as children who are under 22 years of age at the time of the application and is not married or in a common-law relationship. Once the application of a dependent child under the Family Class is submitted, their age freezes or locks in (as far as IRCC is concerned).
The lock in rule is important for dependent minors as it allows for them to be sponsored so long as IRCC receives the application before the child turns 22 years of age. Even if the processing of the papers takes long, the age of the dependent minor is considered to be locked in at the time that the application is received.
IRCC categorizes dependent children under three different categories:
- Type A: The most typical category – children under 22 years of age and is not married or in a common-law relationship.
- Type B: This refers to dependent children applications made before August 1, 2014 when Canadian Immigration’s age limits for dependent children were different. Parents who are currently planning to sponsor their dependent children as of the current year (2021) need not concern themselves with this category.
- Type C: In this category, the dependent child is aged 22 years and above but depends on the financial support of a parent before reaching the age of 22 due to a medical condition for which the dependent child is unable to financially provide for himself/herself.
Do take note that if your dependent child has a child of his/her own, that child must be declared in the application regardless of whether he/she is in the custody of your dependent child. Not doing so could risk losing permanent residence status.
If the dependent child in question has a child of his/her own, the minimum necessary income (MNI) requirement is triggered.
SIDEBAR: What is the Minimum Necessary Income
The MNI is an income level requirement set by the Canadian government to ensure that a resident who is sponsoring family members to come to Canada can provide for his/her family members’ needs. It is based on the low income cut-off (LICO). The LICO is set every year by the government and it is an income threshold used to determine whether a family is considered low income. At this point, it is worth discussing the difference between LICO and MNI since it is a usual point of confusion.
The LICO varies depending on family size; the larger the family, the larger the LICO. It also varies depending on current economic indicators which is why it changes annually. Again, this is set by the government.
On the other hand, the MNI is LICO with the 30% on top. For example, if the LICO is $20,000, the MNI is therefore $26,000 because LICO + 30% is equal to $26,000.
As the MNI is based on the LICO, it is affected by the variations of the LICO. To be able to sponsor certain family members to come to Canada, the family must be above the MNI for their family size.
Adopted Children
Adopted children fall under the umbrella of dependent children. As such, parents are also permitted to sponsor their adopted children under the Family Class. However, IRCC requires certain conditions for sponsoring adopted children. First, the sponsor must submit proof of adoption and genuine relationship between the child and parent to ensure that the purpose of the sponsorship is not primarily for the child to gain permanent resident status in Canada. In addition, the following conditions must be met:
- Be legal in all countries concerned (i.e., Canada, and the child’s home country);
- The relationship between the adopted child and his/her biological parents (who, if living, have given their consent for the child to immigrate) must have legally ended, and;
- Meet the requirements of the Hague Convention (if applicable).
Confused? Yes, international adoptions can be very complicated and if done incorrectly, it may become more problematic than necessary. In addition, it is highly recommended that you consult with the country or territory where the adoption is taking place from to see if other requirements apply. We recommend that you speak to an immigration lawyer in order to navigate this complex process.