Dependent Children

Persons who are deemed ‘dependent children’ may be sponsored by a Canadian citizen or permanent resident parent.  A Canadian citizen sponsor may be outside of Canada while sponsoring a dependent child, but a sponsor who is a permanent resident must be in Canada.

The question of whether a child is ‘dependent’ is related to factors such as age (being under the age of 22).  Alternatively, certain situations of mental or physical condition, can deem a person as a ‘dependent child’ at age 22 or above; the mental or physical condition must be to an extent that the child relies on the parent for financial support.  The condition if too severe, may trigger issues related to medical admissibility.

Some complexity may arise when custody of a child is with one parent who is not the parent who is sponsoring the child to immigrate to Canada.  Such cases may require specialized legal assistance at court(s), and/or may require additional representations to the Immigration Department.

Sponsorship of a Dependent Child to Canada 

According to the Canadian government, a dependent child is either the biological or adopted child of the parent, is under the age of 22 years, and is neither in a common-law relationship or married. The dependent child of the sponsor’s spouse, conjugal partner, or common-law partner can also be considered.

The question of whether a child is ‘dependent’ is related to factors such as age (being under the age of 22).   Alternatively, certain situations of mental or physical condition, can deem a person as a ‘dependent child’ at age 22 or above; the mental or physical condition must be to an extent that the child relies on the parent for financial support.  The condition if too severe, may trigger issues related to medical admissibility. 

Criteria to Sponsor a Child to Canada

In order to go through the sponsorship of dependent child process to help the child immigrate to Canada, an individual must meet certain criteria:

• They must be at least 18 years of age
• They must be a Canadian citizen or a Canadian permanent resident, and reside in Canada

They must also demonstrate the ability to financially support the person being sponsored.  This is usually demonstrated by meeting the minimum income requirement for family sponsorship. This varies based on the size of the household. For 2018, the minimum income ranges from $40,379 per year for a household with two people to $85,835 for a household with seven people. Each additional person adds $8,740 to the minimum requirement. Within Quebec, the range is from $23,855 for a household of one person to $50,953 for a household of five persons, with $5,171 being added for each additional person.

Certain criteria may disqualify someone from using the dependent child sponsorship Canada program. They cannot be:

• Bankrupt
• In prison
• Charged with a serious offense
• Under a removal order

How to Sponsor a Child or Multiple Children in Canada 

Before you complete the steps to sponsor a dependent child or children in Canada, you must sign an undertaking to provide financial support for their basic needs, including food, clothing, shelter, and other needs. The length of the undertaking is three years from the day your dependent child becomes a permanent resident.

After signing the undertaking, the next step is completing and filing the application under the Family Class of Sponsorships. This application will include some required information about the sponsor:

• Given name (first name) and family name (last name or surname)
• Date of birth
• Territory or country of birth
• Primary residential address in Canada
• Email address
• Number of household members
• Number of persons being requested to sponsor
• Names of the persons being requested to sponsor
• Signature
• Document number for proof of status in Canada
• Proof of residence (permanent resident card, confirmation of permanent residence, Canadian citizenship card, passport)

You will also need to submit any required fees with your application.

Role of a Canadian Immigration Lawyer for Child Sponsorships

Some complexity may arise when custody of a child is with one parent who is not the parent who is sponsoring the child to immigrate to Canada.  Such cases may require specialized legal assistance at court(s), and/or may require additional representations to the Immigration Department. Chaudhary Law Lawyers can assist you with the process of immigrating your children to Canada.

Frequently Asked Questions about Dependent Sponsorship to Canada

Who qualifies as a dependent child for family sponsorship?
Persons who are under 22 years of age and are neither in a common-law relationship or married. Alternatively a person over the age of 22 with a medical or physical condition that compels a child to rely on the parent for financial support.

How to add a dependent after a sponsorship application is submitted?
Written material including forms and a government fee are required to add a dependent after the sponsorship has been submitted. There may also be a need to explain the delay in adding the dependent.

What is the average processing time for a dependent child sponsorship to Canada?
Sponsoring a child is given a high processing priority and in straightforward cases the processing time can be as little as six months.  

Recent News and Blogs on Dependent Sponsorship Law in Canada

• What to Do If You Did Not Declare a Relative under 117(9)(d)

For more information, please book a consultation or contact Canadian immigration lawyers at Chaudhary Law Office by completing the form.