Immigration to Canada | Permanent Residence | Family Class

Most Canadian citizens and permanent residents are permitted to sponsor relatives to come to Canada in order to be granted permanent residence. There are detailed eligibility requirements for sponsor and we are pleased to assist our clients by assessing the individual circumstances of each potential sponsor. An eligible sponsor is permitted to sponsor members of the family class.

Membership in the family class is defined in Section 117 of the Immigration and Refugee Protection Act. It has been argued that the definition is not consistent with Canadian values. For example, family class members do not include: most brothers and sisters, nephews, nieces, aunts or uncles.

A person is a member of the family class if they are:

the sponsor’s spouse, common-law partner or conjugal partner;
a dependent child of the sponsor;
the sponsor’s mother or father;
the mother or father of the sponsor’s mother or father;
a person described in Section 2 of the Act, subparagraph (b)(i), (ii) or (iii)as a dependent child and in respect of whom the sponsor became the guardian while the person was under the age of 18, if:
1. the person’s parents are deceased or the person has been declared, by a competent authority in the country where the person resides, to be abandoned,
2. it is not possible for the person to be adopted in the country where he/she resides,
3. the competent authority of the country where the person resides has authorized the person in writing to leave the country in the company of the sponsor or authorized representative, and
4. the sponsor resided in Canada at the time he/she became the person’s guardian and the competent authority of the person’s province of intended destination has issued a written statement confirming that it does not oppose the guardianship and that the guardianship will be recognized for the purposes of provincial law;
a person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and who is:
1. a child of the sponsor’s mother or father,
2. a child of a child of the sponsor’s mother or father, or
3. a child of the sponsor’s child.
a person under 18 years of age who the sponsor intends to adopt in Canada if:
1. the adoption is not primarily for the purpose of acquiring any privilege or status under the Act,
2. where the adoption is an international adoption and the country in which the person resides and the province of intended destination are parties to the Hague Convention on Adoption, the competent authority of the country and of the province have approved the adoption in writing as conforming to that Convention, and
3. where the adoption is an international adoption and either the country in which the person resides or the person’s province of intended destination is not a party to the Hague Convention on Adoption
  1. the person has been placed for adoption in the country in which he/she resides or is otherwise legally available in that country for adoption and there is no evidence that the intended adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption, and
  2. the competent authority of the person’s province of intended destination has stated in writing that it does not object to the adoption; or
a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father
1. who is a Canadian citizen, Indian or permanent resident, or
2. whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.
The term “dependant child” is defined in the Immigration Regulations as a child who:
1. has one of the following relationships with the parent, namely,
  1. is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
  2. is the adopted child of the parent; and
2. is in one of the following situations of dependency, namely,
  1. is less than 22 years of age and not a spouse or common-law partner,
  2. has depended substantially on the financial support of the parent since before the age of 22 or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student
    1. continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and
    2. actively pursuing a course of academic, professional or vocational training on a full-time basis, or
  3. is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.

The Immigration and Refugee Protection Act allows for sponsorship of foreign nationals who are in a same-sex relationship with a permanent resident or citizen of Canada.

Spouses and common-law partners of permanent residents and Canadian citizens may be sponsored from within Canada under the Spouse in Canada Class. However, in many cases it is more advisable to file the sponsorship application from outside of Canada. We provide a detailed assessment of each individual case and advice on which application is most beneficial in your situation.

Low Income Cut Off (LICO)

In most cases, if landed immigrants or Canadian citizens want to sponsor members of the Family Class, they are required to demonstrate that they are able to support all of the people that they wish to sponsor as well as all of their dependants already in Canada. This is accomplished using a formula designed by the government.

Refer to the low-income cut-off table below and go down the column until you come to the line that corresponds with the number of people who already depend on you for support in Canada as well as the number of people you intend to sponsor. This is the amount of income you must have to sponsor your relatives for immigration to all provinces but Quebec. For Quebec please access the CIC Website.

Under special circumstances you may be able to bring family to Canada where you cannot meet the LICO amount. Please contact our office for a consultation and further information on this issue.

Low Income Cut-off (LICO)

Effective until December 31, 2010

Size of Family Unit	Minimum necessary income
1 person (the sponsor)	$22,171
2 persons	$27,601
3 persons	$33,933
4 persons	$41,198
5 persons	$46,727
6 persons	$52,699
7 persons	$58,673
More than 7 persons, for each additional person, add	$5,974

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Immigration to Canada | Permanent Residence | Family Class

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Low Income Cut-off (LICO)

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