Immigration Corner | Can my father sponsor me?

Dear Ms Powell,

My father is a Canadian citizen. I am in my last year at school, and I am unmarried. Can my father sponsor me? If so, what documents do I need to substantiate my case?

SA

Dear SA,

You did not indicate your age. However, you should know that your father will only be able to sponsor you if you qualify as a dependent under the Immigration and Refugee Protection Act (IRPA), or if you can qualify as an eligible family member under the family class.

WHO IS A DEPENDENT?

A ‘dependent child’ is defined under IRPA and supporting regulations as a child that must be a student who fulfils the legislative criteria. This means that there must be a relationship between the parent and the child. The child must be either a biological child, or a child that has been formally adopted. The child must be under 22 years old and not married or in a common-law relationship.

An adopted child will not be considered as a dependent if it is deemed that the adoption was done primarily for the purpose of the child receiving status in Canada, or there was no proof that there was a genuine parent-child relationship.

IRPA further states that if the dependent is over 18, but under 22 years old, the child must be continuously enrolled in and attending a post-secondary, accredited institution and actively pursuing a course of academic, professional, or vocational training on a full-time basis.

However, if the child is not enrolled in school and 22 years old or above, and the child is deemed to be substantially financially dependent on his parent, before becoming 22 years old, and will continue to be dependent, the child could qualify for sponsorship. The key – the child must not be financially self-supporting due to a physical or medical condition. A medical report from one of the authorised medical practitioners will be required.

SUPPORTING DOCUMENTS

The first step is to provide documents to prove that you are a biological or adopted child. You will need to produce your birth certificate with your father’s name, or a court order declaring that you are his biological child. If you are adopted, you will need to provide a court order and the written judgment.

The visa officer will need evidence that you have been in a government-accredited institution on a full-time, continuous basis. You may submit documents such as official transcripts from your school, proof of payment of tuition fees, class notes, marked papers or school yearbook as evidence.

OTHER OPTIONS

If you do not qualify as a dependent child, your father may be able to sponsor you if he does not have a spouse or common-law partner that he could sponsor and he does not have any other relative in Canada. The general rule is that an individual may sponsor one relative, related by blood or adoption, of any age, provided there is no closer relative to sponsor and there is no other relative in Canada.

You should also note that your father will need to provide proof that he is able to take care of you financially; and you will also need to pass the medical, criminal and security verifications.

I recommend that you consult with a Canadian immigration lawyer to review your qualifications and family history, to determine the best option for you. You should ask about options under the Express Entry System and establish an immigration plan.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. Submit your questions and comments to info@deidrepowell.com.