In-Laws And Relatives: What's The Legal Verdict In Canada?

Canada's immigration law has evolved significantly over the years, and the list of relatives who are included as members of the family class for immigration has changed with societal norms. If you or your accompanying spouse has a relative in Canada, it could make it easier to qualify for certain immigration programs like the Federal Skilled Worker (FSW) program. However, not all Canadian family members can be considered toward your FSW eligibility. Your relative must be either a Canadian Citizen or Permanent Resident and have an eligible degree of relationship with yourself or your spouse. Eligible relatives that can increase your FSW points include spouses, common-law or conjugal partners, and dependent children, who take priority over parents and grandparents. In-laws are considered relatives in Canada if they are related by blood, marriage, common-law partnership, or adoption.

In-laws and immigration

Family reunification is one of the main objectives of Canadian immigration policy. This foundational principle, "to see that families are reunited in Canada", is enshrined in law as one of the stated purposes of Canada's Immigration and Refugee Protection Act (IRPA). Nevertheless, the list of relatives who are included as members of the "family class" for immigration to Canada has fluctuated with societal norms.

Foreign nationals who immigrate to Canada can bring their dependent children. In 2002, the eligibility age of a dependent child increased from 19 to 22. Currently, unmarried children (and those not in a common-law relationship) under the age of 22 are considered dependents for immigration purposes. Children who are 22 or older but are continuously enrolled in school full-time or who are physically or mentally unable to be financially self-supporting are also considered dependents. This is about to change. Proposed regulatory amendments will decrease the maximum age of dependent children to 18 for all immigration programs to Canada.

The Express Entry system awards 15 points to candidates with siblings in Canada. To get these points, candidates need to show that the sibling is a Canadian citizen or permanent resident who is 18 or older. The sibling in Canada must share a mother or father with the principal Express Entry applicant or their spouse or common-law partner. This relationship can be through blood, marriage, common-law partnership, or adoption.

A common-law relationship is recognized by Canadian law once a couple has cohabited in a marriage-like relationship for at least one year. The conjugal partner immigration category was created in recognition that the mandatory cohabitation requirement is impossible in some situations, especially for same-sex couples or for couples of different nationalities. This allows sponsors to support the immigration of a partner living outside of Canada with whom the sponsor has been in a serious committed relationship for at least a year. Family class immigration applications from spouses, common-law or conjugal partners, and dependent children are given the highest priority, ahead of parents and grandparents.

Common-law relationships

In Canada, a common-law relationship is recognized by law once a couple has cohabited in a marriage-like relationship for at least one year. This is similar to a marriage where the parties are temporarily separated but still consider themselves married and intend to live together soon. The longer the period of separation without cohabitation, the harder it is to establish that the common-law relationship exists. A common-law relationship ends upon the death of one partner or when at least one partner does not intend to continue the relationship.

In Quebec, common-law relationships are referred to as de facto unions. For tax purposes, a couple is considered to be in a common-law relationship after living together continuously for at least two years. Intestacy laws in Quebec dictate that a common-law spouse is always entitled to nothing. In the rest of Canada, a common-law partner may have a claim to their spouse's estate, but this involves filing a claim, and there is no guarantee it will be approved.

In terms of immigration, common-law partners can be considered relatives. For example, if you are applying for the Federal Skilled Worker (FSW) program, having a relative in Canada can add 5 points to your application, which is based on a 67-point pass mark. In this context, a relative must be either a Canadian Citizen or Permanent Resident, and have an eligible degree of relationship with yourself or your spouse. This can be through blood, marriage, common-law partnership, or adoption.

If you are immigrating to Canada, your common-law partner can sponsor you. Both parties must complete and submit the form IMM 5532 (Relationship Information and Sponsorship Evaluation) and may submit evidence that they have been living together for at least a year.

Family reunification

Spouses, common-law partners, and conjugal partners (including same-sex relationships) are considered family members for reunification purposes. Dependent children, including those over 22 who are full-time students or unable to support themselves financially, are also included. Stepchildren and adopted children can accompany their parents to Canada with the proper documentation. Additionally, parents and grandparents can be sponsored, but there are limited spaces available, and prospective sponsors must submit "expressions of interest" during predetermined intake periods.

It is important to note that Canada does not have family reunification programs for extended family members, such as adult siblings, aunts, uncles, and cousins. Sponsorship is generally limited to close relatives, and the sponsor must not have any closer living relatives they could sponsor instead. In some cases, more distant relatives may be sponsored if the sponsor does not have any previous family members to sponsor.

To initiate the reunification process, individuals must file for their relatives within the first year of being resettled in Canada through the UNHCR or private sponsorship. Refugees may also take advantage of the One-Year Window of Opportunity Provision, which allows them one year to apply for reunification with family members left behind or whose whereabouts were unknown when they first arrived in Canada.

Sponsorship

Canada is committed to family reunification and has a number of immigration programs that allow citizens and permanent residents to sponsor their family members to become permanent residents. These programs make it easier for citizens and permanent residents to bring their spouse and immediate family members to Canada with reduced processing times.

Eligible Canadian citizens and permanent residents may apply to sponsor their spouse or child at any time. Candidates applying to sponsor their parents or grandparents must be invited to do so and must apply within the deadline provided. It is very difficult to sponsor your sibling to come to Canada as a Canadian citizen or permanent resident. To be eligible, the sibling in Canada must share a mother or father with the principal Express Entry applicant or their spouse or common-law partner. This relationship can be through blood, marriage, common-law partnership, or adoption.

To sponsor a parent or grandparent, citizens and permanent residents must demonstrate that they can financially support their family by meeting the Minimum Necessary Income (MNI) for the size of their family unit. They must also agree to financially support their sponsored family members if needed. The undertaking is valid for 3 years from the day the sponsored relative becomes a permanent resident, or 10 years from the day a dependent child under 22 years of age becomes a permanent resident (or until the child turns 25), whichever comes first. Sponsors who are unable to permanently support their parent or grandparent may be eligible for a Super Visa, a long-term, multiple-entry visa.

It is important to note that having an eligible relative in Canada does not guarantee eligibility for Canadian immigration. To apply through the Federal Skilled Worker (FSW) Program, candidates must also meet minimum eligibility requirements related to work experience, education, and language ability. Having a relative in Canada simply adds 5 points to the application under the adaptability factor, which can help push the application above the FSW program's 67-point pass mark.

Eligible relatives

Spouses must be legally married, with their marriage recognized by the jurisdiction in which it took place, and they must hold valid documents such as a marriage certificate. A common-law relationship is recognized by Canadian law when a couple has cohabited in a marriage-like relationship for at least one year. Conjugal partners are those who have been in a spouse-like relationship for at least one year, but who, due to convincing reasons, could not cohabitate during that time.

Dependent children are those under the age of 22 who are unmarried and not in a common-law relationship. Children over the age of 22 who are continuously enrolled in school full-time or who are physically or mentally unable to be financially self-supporting are also considered dependents.

Parents and grandparents can be sponsored by their adult child provided that the Canadian child has been living in Canada for at least three years and can demonstrate sufficient financial assets.

To claim points for having a sibling in Canada, the sibling must be a Canadian citizen or permanent resident, be 18 years of age or older, and share a mother or father with the principal applicant or their spouse or common-law partner. This relationship can be through blood, marriage, common-law partnership, or adoption.

It is important to note that cousins and close friends are not included in the list of eligible relatives, and that having an eligible relative in Canada does not guarantee eligibility for Canadian immigration.

Frequently asked questions