家庭团聚类各项目要求 Family Sponsorship Eligibility Requirements

符合配偶担保资格的担保人，必须：

• 担保人必须年满18周岁；
• 担保人必须是加拿大公民或居住在加拿大的永久居民；
• 担保人不能在监服刑、申请破产、有递解令（如担保人是永久居民）、或被控以严重罪行；
• 作为被担保人获取永居身份后的五年内，不能作为担保人担保其他配偶申请移民。

符合被担保资格的配偶或同居伴侣，必须：

• 被担保人必须年满16周岁；
• 被担保人与担保人没有近亲属血缘关系。

担保人与被担保人的关系，属于：

• 已婚配偶：担保人与被担保人已合法结婚。如果在加拿大境内完婚，需提供结婚注册所在省份或地区的结婚证书；同时，在加拿大境内注册的同性婚姻符合配偶担保申请条件。如果在加拿大境外完婚，则该婚姻必须同时符合婚姻注册所在国家以及加拿大联邦相关法律。
• 同居伴侣：符合普通法同居伴侣关系的担保人与被担保人，必须连续同居至少一年。由于工作或家庭原因导致的短暂分别可以被接受。
• 婚外伴侣：同性或异性婚外伴侣必须满足：由于移民障碍、限制离婚、同性关系法律限制等人为不可控因素，而导致双方无法成为配偶或普通法同居伴侣；且，双方维持至少一年的相互依存关系，具有与婚姻或同居伴侣类似的彼此承诺。需要提供材料文件表明双方的情感联系、亲密关系、共有资产或经济互助，以及希望共同生活并在加拿大团聚的强烈意愿。

如有下列情况则不符合担保资格：

• 未偿清移民贷款、未履行保证金义务，或未拖欠包括赡养费或抚养费在内的法院令指定的家庭支持款项；
• 未履行过往担保义务，没有为之前担保的亲属提供经济支持，而导致其寻求社会救助以满足基本生活需求；
• 由于收到递解令而必须离境，不能合法留在加拿大；
• 处于监狱、监禁或惩教所中；
• 因非残疾原因接受社会援助；
• 宣布破产，且尚未收到法院的清偿令（破产程序仍在进行中）；
• 作为被担保人获取永居身份，且未满五年；
• 以前为另一个配偶或同居伴侣提供担保，自其获得永居身份起未满三年；
• 已递交配偶、伴侣或子女担保申请，但移民部尚未做出决定；
• 被判有暴力犯罪、性犯罪、企图或威胁针对亲属造成人身伤害罪。

Requirements for the Sponsor:

• The sponsor must be at least 18 years of age;
• The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen;
• The sponsor cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and
• The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.

Requirements for the Sponsored Person:

• The sponsored person must be at least 16 years of age and
• The sponsored person must not be too closely related by blood to the sponsor.

Requirements for the nature of the relationship:

The applicant must prove that the relationship between the sponsor and the sponsored person qualifies under one of three categories:

• Spouse: This means that the Sponsor and the Sponsored Person are legally married. For those married within Canada, a Certificate of Marriage from the province or territory where the marriage took place will show that the marriage is valid. Note that same-sex marriages performed within Canada are valid for spousal sponsorship. If the marriage took place outside of Canada, it must be valid under the law of the country where it took place as well as under Canadian federal law.
• Common-law partner: In order to establish a common-law relationship, the Sponsor and the Sponsored Person must cohabit continuously for at least one year, excluding brief absences for business or family reasons.
• Conjugal partner: Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as a conjugal partner if: Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships; and The applicants have had a mutually dependent relationship for at least one year with the same level of commitment as a marriage or a common-law union. This can require a demonstration of emotional ties and intimacy, financial closeness, such as joint ownership of assets or mutual financial support, and efforts to spend time together and reunite.

An individual cannot apply to become a sponsor if he or she:

• did not pay an immigration loan, a performance bond and/or family support payments;
• failed to support a previously-sponsored relative, which resulted in the sponsored individual seeking social assistance to meet his or her basic needs;
• is under a removal order;
• is in a penitentiary, jail, reformatory or prison;
• receives social assistance for reasons other than a disability;
• have filed for bankruptcy and have not received an ‘order of discharge’ by the court (he or she is still going through the process of bankruptcy);
• were sponsored and held permanent resident status for less than five years;
• sponsored another spouse/partner previously and three years have not passed since the sponsored spouse/partner became a Canadian permanent resident;
• have already submitted an application to sponsor his or her current spouse/partner/child and a decision was not yet made on his or her submitted application;
• were convicted of a violent or sexual offence or an offence that caused, attempted to cause or threatened to cause bodily harm to a relative.