Canada Sponsorship Lawyer | Spousal & Family Sponsorship Attorneys.

Overview

Canada’s family sponsorship program offers a meaningful pathway for reuniting families and creating new opportunities together. This process allows Canadian citizens and permanent residents to sponsor their loved ones, including spouses, children, parents, and grandparents, to become permanent residents in Canada.

 

However, the process can be challenging without the right legal support. Canadian immigration sponsorship laws prioritize family unity but require sponsors to meet strict eligibility criteria, including financial stability and the ability to support sponsored family members.

 

At Kingwell Immigration Law, we are dedicated to simplifying the sponsorship process. Our experienced attorneys deeply understand Canadian immigration laws and have successfully represented numerous family sponsorship cases.

From preparing applications to addressing potential challenges, we are committed to ensuring your family’s sponsorship journey is as smooth as possible.

Let Kingwell Immigration Law help you bring your family together. Call 416-988-8853 or visit our contact page to schedule a consultation with a trusted Toronto immigration lawyer. Your family’s future is our priority.

Types of Programs Our Canada Sponsorship Lawyers Handle

Canadian immigration laws offer several family sponsorship programs designed to help reunite families by allowing eligible relatives to become permanent residents of Canada.

 

We understand that every family’s circumstances are unique. Whether you are sponsoring a spouse, partner, dependent child, or another eligible family member, our team is here to simplify the process and advocate for your best interests.

Sponsorship Programs

Eligibility Requirements for Sponsors and Sponsored Individuals:

 

To be eligible to sponsor a family member under Canada’s family sponsorship programs, sponsors must meet the following criteria:

 

  • Residency and Citizenship: The sponsor must be a Canadian citizen or permanent resident residing in Canada.
  • Legal Age: The sponsor must be at least 18 years old.
  • Financial Stability: The sponsor must demonstrate the financial capacity to support the sponsored individual if necessary.

 

For sponsored spouses or partners, eligibility depends on the type of relationship:

 

  • Legal Spouses: Individuals legally married to the sponsor.
  • Common-Law Partners: Partners who have lived together in a committed relationship for at least 12 consecutive months.
  • Conjugal Partners: Partners who cannot live together due to circumstances beyond their control but maintain a genuine and ongoing relationship.

 

Our firm is dedicated to ensuring that both sponsors and sponsored individuals meet all necessary legal criteria, providing comprehensive guidance through every step of the application process.

 

Proof of Genuine Relationships:

 

Immigration authorities require substantial evidence to verify that the relationship is genuine and not entered into solely for immigration purposes.

 

Key types of evidence include:

 

  • Cohabitation Documents: Lease agreements, utility bills, and joint bank account statements showing shared residence.
  • Photographs: Personal photos documenting shared experiences, family gatherings, and important life events.
  • Communication Records: Emails, messages, call logs, and other forms of communication demonstrating ongoing contact.
  • Affidavits: Sworn statements from family and friends attesting to the authenticity of the relationship.

 

Our attorneys provide tailored assistance in compiling, organizing, and presenting relationship evidence. We ensure that all relevant documentation is clearly structured and professionally submitted to strengthen your case.

 

Challenges in Spousal Sponsorship Applications:

 

Spousal sponsorship applications can face challenges due to various factors, including suspected relationship fraud or incomplete documentation.

 

Immigration officials may raise concerns if they believe the relationship is not genuine or if essential supporting materials are missing.

 

Our firm is experienced in handling these complex situations by:

 

  • Disputing Relationship Fraud Allegations: We prepare comprehensive responses backed by strong evidence to counter claims of fraud.
  • Providing Additional Documentation: If an application lacks essential documents, we assist in gathering and submitting the required proof to strengthen the case.
  • Representing Clients in Appeals: If your sponsorship application is denied, our legal team is prepared to file an appeal and represent you in hearings before the Immigration Appeal Division.

Financial Requirements:

 

Sponsoring parents or grandparents involves meeting specific financial eligibility criteria set by the Canadian government. Sponsors must demonstrate that their income meets the Minimum Necessary Income (MNI) thresholds, determined by family size and the number of individuals being sponsored. This ensures sponsors have sufficient financial capacity to support their relatives upon arrival in Canada.

 

The MNI requirements are calculated based on:

 

  • Household Size: The number of people currently in the sponsor’s household, including the sponsor, their dependents, and any previously sponsored family members.
  • Sponsored Individuals: The total number of parents or grandparents being sponsored.

 

At Kingwell Immigration Law, our attorneys assist clients by:

 

  • Verifying Income Eligibility: We help sponsors understand the current MNI thresholds and calculate whether their income meets the required levels.
  • Documenting Financial Proof: Our legal team ensures all necessary documents, including tax returns, pay stubs, and employment letters, are accurately compiled and submitted.
  • Addressing Income Discrepancies: If there are gaps or concerns about meeting the MNI, we provide strategic legal advice on how to strengthen the financial aspect of the sponsorship application.

 

The Application Process:

 

Applying for family sponsorship in Canada involves several important steps. Each stage requires attention to detail and timely action to avoid delays or rejections.

 

  1. Submit the Sponsorship Interest Form: Express your interest in sponsoring a family member by submitting the initial form when the program opens.
  2. Receive an Invitation to Apply: If selected, you will be invited to submit a complete sponsorship application package.
  3. Complete the Application Package: Prepare all required forms, supporting documents, and payment receipts.
  4. Submit the Full Application: Send your completed application package to the appropriate immigration office.
  5. Application Review and Processing: Immigration authorities will review your application, request additional documents if needed, and conduct background checks.
  6. Decision Notification: You will receive an official decision on your sponsorship application.

 

Processing times can vary depending on application volume and the complexity of your case. Ensuring that all forms are accurate and complete from the start is essential to avoid delays or refusals.

 

Our team ensures that every detail is meticulously handled, helping you meet deadlines and comply with all procedural requirements.

 

The Super Visa Program:

 

The Super Visa Program offers an alternative for parents and grandparents who may not qualify under Canada’s sponsorship quotas. It allows eligible family members to visit Canada for extended periods of up to five years per entry, with the possibility of extensions.

 

Our firm assists clients by:

 

  • Application Preparation: We guide clients through every aspect of the Super Visa application, ensuring all required documents, including proof of financial support and medical insurance, are properly prepared.
  • Meeting Eligibility Criteria: We help establish eligibility by verifying that clients meet the necessary income thresholds and other requirements.
  • Application Submission and Follow-Up: We handle application submissions, track progress, and respond to any additional requests from immigration authorities.

Age and Dependency Criteria:

 

Under Canadian immigration laws, a dependent child is typically defined as someone under the age of 22 who is unmarried and not in a common-law relationship. However, exceptions exist for children over 22 years old who are financially dependent on their parents due to a physical or mental health condition.

 

Our legal team assists in clarifying eligibility, addressing exceptions, and ensuring all necessary documentation is properly submitted to support dependent child sponsorship applications.

 

Required Documents:

 

Essential documents include:

 

  • Birth Certificates: Official records verifying the child’s identity and parental relationship.
  • Proof of Dependency: Medical records, educational enrollment, and financial dependency evidence.
  • Financial Support Records: Documentation showing consistent financial support from the sponsor.

 

Our team ensures that every required document is accurately prepared, organized, and submitted to create a compelling application for dependent child sponsorship.

Who Qualifies for Sponsorship in Unique Situations:

 

In exceptional cases, Canadian immigration laws allow for the sponsorship of other family members such as orphaned siblings, nieces, nephews, or grandchildren if no close relatives reside in Canada. Additionally, sponsors may apply to bring over extended family members if they have no immediate family available abroad.

 

We evaluate each unique situation, ensuring that every eligible family sponsorship opportunity is explored while providing personalized legal support throughout the process.

 

Addressing Legal Complexities:

 

Sponsoring extended family members often involves unique documentation and additional scrutiny by immigration authorities. These cases may require proof of exceptional circumstances, complex legal arguments, and specialized documentation.

 

At Kingwell Immigration Law, we assist by:

 

  • Preparing Comprehensive Applications: We ensure every document is correctly prepared, organized, and submitted.
  • Handling Application Challenges: If concerns are raised, we provide detailed responses supported by legal evidence.
  • Filing Appeals: Should an application be denied, our attorneys are prepared to file appeals and represent clients before immigration tribunals.

I want to thank Christian Julien for the wonderful work he did for me and my family. He is a very intelligent, transparent and dedicated person in his work. Without a doubt, he is the best.

Merit Garcia

From the day my family and I started working with Christian Julian on our complicated immigration process, he has been humble, attentive and kind in dealing with our case. Christian is always responsive and goes above and beyond to help us understand the complicated immigration process and other regulations that had an impact on our case. With Christian, we always felt safe and very well taken care of! Our application for PR and then spousal sponsorship was processed with a great deal of attention to detail and extra care. The applications that were submitted were thorough and were never returned or delayed due to missing information/ documents or incorrectly filled forms. We cannot thank him enough for his diligence and professionalism!

I highly recommend Kingwell Immigration Law firm for any immigration-related legal representation anyone may require in Canada.

Nisan G. Woldeabzghi

Our immigration case was rather peculiar. But, having been introduced to Daniel Kingwell at a later stage in the process, we have had nothing but outstanding, professional help in all our legal matters. The knowledge of Mr. Kingwell regarding immigration matters is second to none, and his team is truly amazing. Not only is Mr. Kingwell’s knowledge and experience extremely extensive, but how he makes his clients feel at ease is beyond anything that we have had the experience of dealing with (having met a whole tranche of lawyers, I can safely testify to that). I would recommend Mr. Kingwell for all immigration-related matters.

Haseeb A Virk

Thank you Daniel for doing a great job!!! My student visa application was refused two times and the Embassy ignored my third request too. Honestly, I was hopeless in 2019 and could not even imagine that someday the court would grant leave and my passport would have a visa on it. Everything happened because of Daniel Kingwell who prepared the best arguments and defended my case with great professionalism. I am so grateful for your support Daniel. I would recommend your firm to everyone who needs legal services because you guys deserve to be appreciated!

Daniela Gega

I highly recommend Mr. Daniel Kingwell for his exceptional legal expertise. Facing a complex situation, Mr. Kingwell provided clarity and support. His polite demeanour and reliability were evident throughout our interactions. He assured me of the strength of my case and diligently worked to secure its approval, patiently assembling all the documents. Mr. Kingwell’s honesty and integrity are commendable traits that instilled trust in his counsel. Additionally, his assistant, Naheed Sultana, played a crucial role in the process. Naheed’s quick and attentive responses to my inquiries demonstrated her dedication and professionalism. Together, they make an amazing and friendly team that gets the job done. Many thanks to Mr. Daniel Kingwell and Naheed Sultana for their invaluable service.

Ali Abdulrazak

Eligibility Criteria for Sponsors in Canada

Family sponsorship in Canada is a valuable pathway to reuniting with loved ones, but sponsors must meet specific eligibility criteria under Canadian immigration laws. This next section outlines the key requirements for sponsorship and how our team at Kingwell Immigration Law can assist you throughout the process.

Eligibility Criteria for Sponsors in Canada

To qualify as a sponsor, you must be a Canadian citizen or permanent resident. Citizens living outside Canada can sponsor a family member if they intend to return and reside in Canada once the sponsored individual arrives.

 

Permanent residents must reside in Canada at the time of the sponsorship application. Our firm ensures sponsors meet residency requirements by helping gather proof of residency or intent to return, such as employment offers, housing arrangements, or personal declarations.

Sponsors must meet the Low Income Cut-Off (LICO) threshold, proving they can financially support their sponsored family member(s). LICO requirements vary based on the sponsor’s household size and the number of individuals they intend to sponsor.

 

Some sponsorship categories, such as spousal sponsorships, may not require LICO compliance. At Kingwell Immigration Law, we guide clients through financial evaluations, ensuring all documentation—like proof of income, tax returns, or employment records—is accurate and complete.

We help you understand your financial obligations and plan accordingly to meet these requirements.

Certain factors may render an individual ineligible to sponsor a family member. These include criminal convictions involving violence or threats, prior sponsorship defaults where financial obligations weren’t met, or undischarged bankruptcy.

 

Our lawyers assist clients facing potential ineligibility by reviewing their cases and addressing challenges. 

Challenges in the Sponsorship Process

Sponsoring a loved one to immigrate to Canada and achieve permanent residence is an important journey, but it often comes with challenges. From completing accurate documentation to addressing delays or denials, understanding potential obstacles can make the process smoother.

Here are common challenges and how our firm can help.

Challenges in the Sponsorship Process

Submitting accurate and complete documentation is critical for sponsorship applications. Form errors or omissions, missing evidence, or inconsistencies in personal details can lead to processing delays or outright rejection by Immigration, Refugees and Citizenship Canada (IRCC).

 

For instance, failing to include proof of a genuine relationship for a common-law partner, conjugal partner, or spouse can raise red flags. Similarly, missing financial documentation when sponsoring a dependent child may delay the application.

 

Our legal team meticulously reviews all documents and supporting evidence to ensure your application is error-free, giving you peace of mind and reducing the risk of mistakes.

Delays and denials in sponsorship cases are often caused by insufficient evidence of a relationship, missing documents, or discrepancies in submitted information. For example, IRCC may question the authenticity of a spousal relationship if the evidence provided does not meet their requirements.

 

Delays can also occur when trying to sponsor a spouse or common-law partner living outside of Canada due to longer processing times. Our lawyers help address delays by identifying missing elements and resolving discrepancies.

 

If your application is denied, we provide representation for appeals or resubmissions, helping you build a stronger case. Whether the issue involves a visa refusal, refugee considerations, or permanent residence, we’re committed to helping sponsored persons reunite with their families and live in Canada.

How Our Spousal Sponsorship Law Firm Can Help You with Sponsorship in Canada

At Kingwell Immigration Law, our spousal sponsorship lawyers in Toronto are committed to providing personalized legal services to ensure your sponsorship process is smooth, efficient, and successful.

Why Kingwell Immigration Law.

Our experienced immigration lawyers focus on tailored strategies for each case, addressing your unique immigration needs. Whether you want to sponsor your spouse, common-law partner, or conjugal partner in Canada, we guide you through every step.

 

We ensure your application meets all requirements set by Citizenship and Immigration Canada, such as demonstrating a genuine relationship and proving you are eligible to sponsor under the family class sponsorship program.

 

We understand that every case differs, from those involving adopted children to couples seeking permanent residency. Our firm’s approach is centered on finding solutions that align with Canadian immigration laws and the specific details of your case.

We assist with preparing family sponsorship applications, gathering evidence, and responding to immigration officers’ concerns. If your application is delayed or denied, our lawyers in Toronto can help with appeals to the Immigration Appeal Division, addressing significant legal and immigration reasons to support your case.

 

For those awaiting sponsorship approvals, we also assist with work permit and study permit applications, allowing your spouse or partner to come to Canada and work in Canada while their sponsorship application is in process.

Our immigration law firm takes pride in supporting family reunification under Canada’s immigration and refugee protection system. Sponsorship allows you to bring your loved ones to Canada, whether they’re living in Canada already or arriving from abroad.

 

We provide immigration help for common-law or conjugal partners, ensuring their status in Canada is secure and they can apply for permanent residency. With years of experience in complicated immigration matters, our immigration lawyers are here to make the process easier for you and your family.

Client Success Stories

Past Cases.
After appealing to the Federal Court, PRRA applicants from Israel reconsidered.

Pre-Removal Risk Assessment applicants from Israel. The applicants claimed to be at risk as an Arab-Israeli LGBT couple. IRCC rejected their PRRA application. We successfully appealed the decision to the Federal Court on the basis that the officer had refused to consider a news report of an “honour killing” in their family. The Court ordered IRCC to reconsider the application.

Musa v Minister of Citizenship and Immigration (2012 FC 298)

A study permit applicant from Iran has application reconsidered by IRCC after an appeal to the Federal Court.

Study permit applicant from Iran. IRCC rejected her application finding that her study plan was not logical in light of her education history. We successfully appealed to the Federal Court, arguing that the reasons were insufficient to justify the decision, and the application was sent back to IRCC for reconsideration.

M.M. v Minister of Citizenship and Immigration (2022 FC 1098)

Refugee Protection Division ordered to redetermine refugee claim from Albania because of wrongful criminal conviction.

Refugee claimant from Albania. For a decade, he fought his case with the Minister at the Refugee Protection Division, who argued that he should be excluded from protection because of a criminal conviction. We successfully appealed the decision to the Federal Court on the basis that he was wrongfully convicted in his absence, and the RPD was ordered to redetermine his claim.

Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300)

Study Permit application from Albania reconsidered by IRCC after appeals to the Federal Court.

Citizen from Albania applying for a study permit. IRCC rejected it, stating that her study plan was not reasonable given her education history. She requested reconsideration which IRCC also rejected. We appealed both decisions to the Federal Court and overturned the rejection, the Court agreeing that the officer had ignored her explanation that the course of studies was more specialized than her previous education and necessary for her career advancement. IRCC was required to reconsider her study permit application.

D.G. v Minister of Citizenship and Immigration (2021 FC 1468)

Conjugal partner PR application rejected by IAD returned to IRCC for processing after appeal to the Federal Court.

Overseas sponsorship of conjugal partner from Saudi Arabia. IRCC refused the application on the basis that they did not meet the requirements of conjugal partnership, and the Immigration Appeal Division rejected their appeal. We represented them on appeal to the Federal Court, and the judge overturned the decision, agreeing that the officer and IAD had improperly considered their individual and relationship histories. Their PR application was returned to IRCC for processing.

A.H. v Minister of Citizenship and Immigration (2020 FC 530)

Contact Our Family Sponsorship Lawyers Today

Reuniting with your loved ones is a life-changing step, and our family sponsorship lawyers are here to make the process as smooth as possible. Early engagement with our team allows us to provide tailored legal advice, address potential issues, and increase your chances of a successful sponsorship application.

At Kingwell Immigration Law, we understand the emotional and legal challenges of sponsorship cases. Our team is committed to treating every client with care, professionalism, and respect while guiding you through the complexities of Canadian sponsorship laws.

Booking a consultation is simple. Call our office at 416-988-8853, fill out our online contact form, or email us to get started.