Family Class Visa
 
Family Class Visa

 

The Government of Canada has created the Family Class Program to allow reunification of Canadian citizens and permanent residents of Canada with their close relatives and family members. Under this program, Canadian citizens or permanent residents, who meet certain requirements, may sponsor the foreign nationals who are members of the Family Class.

 

  

Under the Canadian immigration regulations, members of the family class include a:

sponsor’s spouse, common-law partner or conjugal partner;

a dependent child of the sponsor or a person the sponsor intends to adopt;

 the sponsor’s parents or grandparents;

and other relatives allowed under the regulations.

The type of relationship between the sponsor and the applicant has a major effect on the processing time of the application and the requirements that the sponsor and the applicant must meet.

The application procedure also differs somewhat depending on whether the sponsor resides in Canada or aboard or whether the sponsor is a resident of Québec or of another province. In all instances, however, the sponsor starts the sponsorship process by submitting a sponsorship application which is not subject to the point system.

 

 

Please contact our office for further information regarding the procedures for applying for immigration to Canada under the Family Class Program.

 

 

Sponsorship Appeals

 

A Canadian citizen or permanent resident of Canada whose application to sponsor a foreign national as a member of the family class is refused by a visa officer, must be given the reasons for the refusal and also told of his/her right to appeal the decision.

 

  

The Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada is the competent authority to hear appeals of sponsorship refusals by visa officers. The sponsor has 30 days after the refusal to make an appeal to the IAD. The IAD has the authority to allow an appeal if it is satisfied that

the decision appealed is wrong in law or fact or a combination of law and fact; or

a principle of natural justice has not been observed; or

 Humanitarian and compassionate considerations warrant special relief.

Factors such as :

Reunification of family members;

the nature and strength of the relationship between the sponsor and the sponsored family member;

the obligations to one another based on cultural background

Are some of the factors which the IAD may consider in allowing or rejecting an appeal. If the IAD allows an appeal, it sets aside the original decision and the matter is referred back to Citizenship and Immigration Canada for reconsideration.

It should be noted, however, that no appeal may be made to the IAD if the decision to refuse a visa was based on a determination that the sponsored family member was found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, or misrepresentation. The only exception to this rule exists in cases where the sponsored person is the sponsor’s spouse, common-law partner or child of the sponsor, where despite being found inadmissible on grounds of misrepresentation, appeal may be made to the IAD.

 

 

For further information regarding the Sponsorship Appeal Process, please contact our office.