Child Sponsorship in Winnipeg, MB

When a parent in Canada has custody of a child who is residing overseas, one possibility is child sponsorship, which is only available to dependent children under the age of twenty-two (22).

Age and level of dependency

As of October 24, 2017, a child must fit into one of the following groups in order to satisfy the requirements stated in paragraph (b) for the definition of a "dependent child" as per section R2:

• Not be married or a member of a common-law partnership, and be younger than 22.
• Be at least 22 years old, have relied heavily on the parent's financial assistance since before reaching 22, and be unable to maintain themselves financially as a result of a physical or mental condition. Remember that the dependency on money must have existed continuously since before the age of 22. The physical or mental illness does not have to have existed before the age of 22.

Dependent children without a medical or mental condition are required to keep their single status during the application process and refrain from getting married or establishing a common-law partnership until they are granted permanent resident status.

Regarding marital status, a dependant is deemed to meet the requirements for a dependent child if they are single, divorced, widowed, have had their marriage annulled, or are no longer in a common-law partnership at the time the application is first received. They must also continue to be treated as a dependent child during the processing period.

Relationship between a parent and a dependent child

According to [R2(a)] a dependent child is defined as either a parent's biological child or an adopted child. Children under any of the following circumstances are included in the phrase "biological child":

• Is the biological child of the parent submitting the application.
• Is not genetically related to the parent making the application but was born to the individual who, at the time of the child's birth, was the spouse, common-law partner, or conjugal partner of that parent.
• Was born through the use of assisted human reproduction technologies.

A birth certificate or a baptismal certificate is acceptable documentation of a child's biological relationship to a parent.

Lock-in age of dependent children for immigration applications

The age of a dependent kid, whether they are traveling with you or not, is determined as of the date your application was received. The age of a dependent kid is established when the principal applicant's entire permanent residence application is received in the event of child sponsorship under the family class. Even if they turn 22 during this time, a child who is under 22 and has no spouse or common-law partner at the time of this "age lock-in" is still categorized as a dependent child for the duration of the application processing, so long as they are still single and not in a common-law relationship when permanent residence is granted.

A child who is 22 years of age or older but still needs their parent(s) for support because of a medical or mental problem may still be treated as a dependent. However, it is essential that they continue to be considered dependents up until the application is adjudicated and verified to have permanent residency in Canada.

Custody issues: dependent children

Applicants who have included children in their application and who have custody orders for those children must provide documentation allowing them to remove the children from the court's jurisdiction. Written authorization is necessary when a parent or legal guardian living abroad is unwilling to provide permission for a child to travel to Canada in order to take part in child sponsorship programs there as a permanent resident. A court order can be used in place of this permission if the person abroad is unwilling to give it.

A "Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada" form [IMM 5604] (PDF, 609.23KB) must be completed and submitted for each pertinent kid by non-accompanying parents, guardians, former spouses, or common-law partners. As part of this procedure, the applicant is required to make serious efforts to get in touch with the other parent and obtain written permission.

Given the differences in family law between nations, custody disputes can be complex. It is crucial to assess each person separately. In most cases, especially in the context of the child sponsorship program, it is the applicant's responsibility to provide proof of sole custody of a dependent and to confirm that the non-accompanying parent neither has custody of the child nor objects to the child's departure from the country of origin.

When parents share custody of the child under either Parent Sponsorship or Child Sponsorship, IRCC normally demands written confirmation from the other parent stating that they do not oppose to the child's application for permanent residence in Canada. It's important to modify or replace any written custody agreements that initially forbid the child from permanently relocating to Canada with the parent who is seeking sponsorship. This is especially important in situations where custody is shared through a written agreement.