Skip to main content

Can my cousin file for me and my partner? - News - Jamaica Gleaner - Tuesday | November 6, 2012

Can my cousin file for me and my partner? - News - Jamaica Gleaner - Tuesday | November 6, 2012


by Deidre S. Powell, Contributor


My cousin is a permanent resident, soon to be citizen. Would he be able to file for me and my common-law partner?


- YW
Dear YW,
A Canadian citizen or a permanent resident of Canada can sponsor an eligible relative to become a permanent resident under the Family Class Category. This category may also extend to family member of any age or relationship, as well as their accompanying relatives, if they satisfy certain requirements.
In order for your cousin to sponsor you and your partner, he will need to meet a number of requirements such as:
He must not fall into any of the below categories:
  • Prove that he is to be a citizen or permanent resident of Canada by submitting a copy of his permanent resident/citizenship card.

  • Be at least 18 years of age.
  • Able to show that he has sufficient funds to provide for his personal needs, as well as, yours and your common-law partner.
  • He must not have any other relative living in Canada. He must not have a spouse or common-law partner, child, parent, grandparent, sibling, uncle, aunt, nephew or niece who could be sponsored as a member of the family class.
He must not fall into any of the below categories:
  • Signed a sponsorship agreement for any other relative in the past.
  • Defaulted on any child/ spousal support payments.
  • Defaulted on a court-ordered support order, such as alimony or child support.
  • Received government financial assistance for reasons other than a disability.
  • Convicted of a violent criminal offence, that has not been pardoned.
  • Defaulted on an immigration loan, or have late or missed payments.
  • Be in prison.
  • Declared bankruptcy and have not been released.

This list of circumstances preventing sponsorship is not exhaustive, but is a guide.
Your cousin will need to sign documents which show his commitment to provide financial support for you and your common-law partner accompanying you for a period of three to ten years, depending on your age.
The first step is for your cousin to make a sponsorship application to find out if he is eligible as a sponsor. If his application is approved, then you and your partner will need to submit the required forms, documents and satisfy the medical and criminal checks in Jamaica.
Deidre S. Powell is a lawyer, mediator and Notary Public  who is a member of the Jamaican and Ontario, Canada, bars, with main office located in Ottawa, Ontario. Her main areas of practice are in immigration, real estate, personal injury, family, commercial and administration of estates. Submit your questions and comments to Email: info@deidrepowell.com  Subject line: Immigration or Tel: 613.695.8777.

Comments

Popular posts from this blog

Immigration Corner | What is an Authorisation to Return to Canada?

Immigration Corner | What is an Authorisation to Return to Canada? : Dear Miss Powell, I used to live in Canada, but I was sent home. My cousin is getting married and I have an invitation to attend the wedding. Can I reapply for a visitor’s visa? What are the chances of my application being successful? Thank you Dear WW, A foreign national who has contravened the Immigration and Refugee Protection Act (IRPA) and its regulations can be the subject of a removal order from Canada and may need to apply for an Authorization to Return to Canada (ARC), and a Temporary Resident (visitor’s) visa. The success of your application depends on the reason that you were “sent home”, the type of removal order that was issued against you, the length of time that has passed, as well as your current social and economic situation. At the time of your departure from Canada, did you notify the Canadian Border Services Agency? Did they give you a letter confirming your departure? You should have received

Immigration Corner | Married to a Canadian, will they harass me?

Immigration Corner | Married to a Canadian, will they harass me? : Dear Miss Powell, I am married to a Canadian citizen. Before we were married, I had my visitor’s visa, so I was going back and forth, and he did the same. That works out good for both of us as we are very busy with our work, plus my husband says he... The immigration officer will not “harass” you because you are now married. However, you should expect to provide explanations about the reason for your visit and whether you are considering living or working in Canada. You should be honest with them as you could be barred from Canada for approximately five years for misrepresentation and have difficulties with future applications.

Canadian Citizenship as a Wife

Dear Ms Powell, I am engaged to someone in Canada. What are the requirements to get Canadian citizenship? Do I get citizenship automatically after marrying a Canadian citizen? What if our child is born outside of Canada will our baby get citizenship as well? We just need to know these things as we plan our future together. Thank you for your time. A.C. Dear AC, Congratulations on your engagement. You will not automatically get Canadian citizenship, just by marrying someone in Canada, but there a steps to acquiring same. The critical question is what is your fiancé’s legal status in Canada? Is he a visitor, student, worker, permanent resident, or Canadian citizen? If you get married to a permanent resident or Canadian citizen, you will not automatically get Canadian citizenship. However, there are steps that you can take to acquire Canadian citizenship. Sponsorship Application A Canadian citizen or permanent resident can apply to sponsor his spouse or common law/ conjugal