Your Husband Sponsoring Your Children
If you have children from a previous relationship and would like to bring them to Canada with you, it is possible for your husband to sponsor them. By sponsoring your children, your husband is making an agreement with the government that he will provide for your children’s needs.
Your husband is not legally obligated to sponsor your children if he does not want to sponsor them. This is something to discuss with him before your marriage takes place.
- Sponsorship Application for Children
- Length of Sponsorship
- Legal Obligations of Having Children
- Status of Children Born in Canada
It is often easiest for your husband to apply to sponsor your children at the same time as he applies to sponsor you, whether you are in your home country or in Canada. The process is similar to your own sponsorship application but there is an added fee for sponsoring children.
- If your children are under the age of 22, the fee is $150 (Canadian) per child.
- If your children are over the age of 22, the fee is $550 (Canadian) per child.
Your children need to meet the same medical, criminal, and security requirements that you do in order to be sponsored.
The length of time your husband will sponsor your children depends on their ages.
- If a child is over the age of 22, your husband will have to sponsor them for three years.
- If a child is under the age of 22, your husband will have to sponsor them for 10 years or until they turn 25, whichever comes first. For example, if you have an 18-year-old son, your husband will sponsor him until he turns 25, which is only seven years, whereas if your child is two, your husband will sponsor him until the age of 12, which is 10 years.
Legal Obligations of Having Children
In Canada, you are not legally obligated to have children once you are married. That is a decision left to you and your husband. Once you have children, you and your spouse are considered their guardians. This means that you are responsible for the well-being, health, and safety of your children.
Each province has legislation to ensure that children are not mistreated or neglected. In Alberta, for example, this is known as the Child, Youth, and Family Enhancement Act; in Saskatchewan, it is called the Child and Family Services Act. Each province has a governing body that oversees this legislation.
It is illegal in Canada to mistreat a child and if it is proven, criminal charges can be laid.
Status of Children Born in Canada
If you and your husband, common law spouse or conjugal partner decide you want to start a family, any child that you give birth to in Canada is automatically considered a Canadian citizen. This is regardless of your status, whether you are a visitor, a permanent resident, or Canadian citizen yourself. It is possible for your children to hold dual citizenship but it might require you to complete paperwork from your country of origin if you wish them to be recognized as a citizen there. Dual citizenship is also dependent on the immigration policies of your home country.