Orphaned Relative Sponsorship

Overview

The Orphaned Relative Sponsorship program is a facet of Canadian family class immigration designed to allow Canadian citizens and permanent residents to sponsor specific orphaned relatives for permanent residency. This program aims to reunite families and provide a stable home for eligible relatives who have lost both parents.

How it works

Under this program, a sponsor living in Canada submits an application to Immigration, Refugees and Citizenship Canada (IRCC) on behalf of an eligible orphaned relative. The sponsor must meet specific income requirements and agree to provide financial support for the sponsored relative for a set period. The sponsored relative, in turn, must meet the eligibility criteria for an orphaned relative as defined by IRCC. The application process involves assessing both the sponsor's and the sponsored relative's eligibility.

Who it's for

This program is intended for Canadian citizens and permanent residents who have specific orphaned relatives living abroad and wish to bring them to Canada. It is designed for situations where the relative is truly orphaned, meaning both parents have passed away, and the relative falls within a defined age range. It is not for general family reunification outside of these specific circumstances.

To be eligible for the Orphaned Relative Sponsorship program, both the sponsor and the sponsored relative must meet specific criteria:

Sponsor Eligibility:

• Canadian Citizen or Permanent Resident: The sponsor must be a Canadian citizen or a permanent resident residing in Canada.
• Age: The sponsor must be at least 18 years old.
• Financial Capacity: The sponsor must meet the minimum necessary income (MNI) as determined by IRCC. This income requirement may vary based on the size of the sponsor's family unit (including the sponsored relative). The sponsor must agree to financially support the relative for a period of 10 years after they become a permanent resident.
• No Sponsorship Default: The sponsor must not be in default of a previous sponsorship undertaking, a support payment, or an immigration loan.
• No Criminal Record: The sponsor must not have a serious criminal record.
• Not in Prison or Bankrupt: The sponsor must not be incarcerated or undergoing bankruptcy proceedings.

Sponsored Relative Eligibility:

• Orphaned Sibling, Niece, Nephew or Grandchild: The sponsored relative must be a brother, sister, nephew, niece, or grandchild. Both of their parents must have passed away.
• Age: The relative must be under 18 years of age at the time the sponsorship application is received by IRCC.
• Unmarried: The relative must be unmarried and not in a common-law relationship.
• No Other Close Living Relatives: Generally, the sponsored relative must not have any other close living relatives (such as a living parent who is able to care for them, or other relatives who fall outside the definition of an orphaned relative for sponsorship purposes) who could care for them. This criterion is crucial and can be complex.

The following documents are typically required for an Orphaned Relative Sponsorship application:

Employer Letters (if applicable):

• Original letters from current and past employers detailing employment dates, position, salary, and duties.
• Proof of Income: Notices of Assessment (NOA) from the Canada Revenue Agency (CRA) for the past 12 months, or other proof of income like T4s, pay stubs, or an official offer of employment if recently started a new job.
• Proof of Status in Canada (Sponsor): Copy of Canadian birth certificate, Canadian passport, Permanent Resident Card, or Confirmation of Permanent Residence.
• Proof of Relationship: Birth certificates, adoption papers, or other official government documents establishing the relationship between the sponsor and the orphaned relative.
• Death Certificates: Official death certificates for both parents of the orphaned relative.
• Proof of Age: Birth certificate or other official document indicating the age of the orphaned relative.
• Identity Documents: Passports, national identity cards, or other travel documents for both the sponsor and the sponsored relative.
• Police Certificates: For the sponsored relative and any accompanying dependents aged 18 or over (if applicable, though typically not for orphaned relatives under 18), from each country where they have lived for six months or more since turning 18.
• Medical Examinations: Confirmation of completion of upfront medical examinations by an IRCC-approved panel physician for the sponsored relative.
• Photos: Recent passport-sized photos meeting IRCC specifications for both the sponsor and the sponsored relative.
• Custody Documents (if applicable): If there are any existing custody orders or agreements for the orphaned relative, these must be provided.
• Undertaking of Sponsorship: The official agreement signed by the sponsor promising to financially support the sponsored relative.
• Generic Application Form for Canada (IMM 0008): Completed by the sponsored relative.
• Schedule A – Background/Declaration (IMM 5669): Completed by the sponsored relative.
• Additional Family Information (IMM 5406): Completed by the sponsored relative.
• Document Checklist (IMM 5493): To ensure all required documents are included.

The application process for the Orphaned Relative Sponsorship program involves several key steps:

1. Sponsor Eligibility Assessment: The potential sponsor first ensures they meet all eligibility criteria, including age, Canadian status, and financial capacity. This includes gathering necessary income documents.
2. Gather Documents: Both the sponsor and the orphaned relative must collect all required supporting documents, such as birth certificates, death certificates of the parents, identity documents, and proof of relationship. This is often the most time-consuming part of the process.
3. Complete Application Forms: The sponsor completes the Undertaking of Sponsorship forms, and the sponsored relative completes their immigration application forms (e.g., Generic Application Form for Canada (IMM 0008), Schedule A – Background/Declaration (IMM 5669), Additional Family Information (IMM 5406)). All forms must be filled out accurately and completely.
4. Pay Fees: The applicable government processing fees are paid online through the IRCC portal.
5. Submit Application: The complete application package, including all forms, supporting documents, and fee receipts, is submitted to IRCC. It is crucial to ensure the application is complete as incomplete applications may be returned.
6. IRCC Review: IRCC reviews the application for completeness and eligibility. They may request additional documents or information during this stage.
7. Biometrics: The sponsored relative will receive instructions to provide their biometrics (fingerprints and photo) at a designated Service Canada orVAC (Visa Application Centre) location.
8. Medical Examination: The sponsored relative must undergo a medical examination by an IRCC-approved panel physician. Instructions for this will be provided by IRCC, or an upfront medical can be completed.
9. Decision: IRCC makes a decision on the application. If approved, the sponsored relative will receive confirmation of permanent residence (COPR).
10. Landing in Canada: The sponsored relative can then travel to Canada to finalize their permanent resident status.

The Orphaned Relative Sponsorship program is specifically designed for the sponsorship of an orphaned brother, sister, nephew, niece, or grandchild who is under 18 years of age, unmarried, and whose parents have both passed away. This program does not allow for the concurrent sponsorship of the sponsored relative's own dependants (e.g., if the orphaned relative had children, they would not typically be included under this specific sponsorship stream if the orphaned relative is under 18 and unmarried). If the orphaned relative has a spouse or common-law partner, they would not be eligible under this program as a condition is that they are unmarried. This program is highly specific to the orphaned individual and does not generally extend to a wider family unit of the sponsored individual.

Upon approval and landing as a permanent resident in Canada, the sponsored orphaned relative will have the full rights and privileges of a permanent resident, including the right to work in Canada without needing a separate work permit. There are no restrictions on the type of employment they can seek, provided they meet any specific professional licensing or certification requirements for regulated occupations. Before obtaining permanent resident status, there are generally no work rights associated with the sponsorship application process itself for the sponsored relative.

The Orphaned Relative Sponsorship program is a direct pathway to Canadian permanent residence. Upon successful completion of the application process and meeting all eligibility requirements, the sponsored orphaned relative will be granted permanent resident status in Canada. After residing in Canada as a permanent resident for a certain period and meeting residency obligations, they may eventually be eligible to apply for Canadian citizenship. There are no interim steps or temporary permits that need to be converted to permanent residence; this program directly grants permanent resident status.

Applications for Orphaned Relative Sponsorship can be refused for several common reasons:

• Not Meeting Orphan Definition: The most frequent reason for refusal is that the sponsored relative does not strictly meet IRCC's definition of an