2. Learn which family members qualify
You can apply for permanent residence for your family members under this pathway. You must apply for them when you submit your application.
A can be:
- your or
- your
- your spouse or common-law partner's dependent child
- the dependent child of a dependent child
A dependent child is a child who depends on their parent or parents because they're either:
- under the age of 22 and not married or in a common-law relationship, or
- 22 or older and financially dependent on their parents since before they were 22 because they have a physical or mental condition that stops them from supporting themselves.
Immigration, Refugees and Citizenship Canada (IRCC) checks to see if your child qualifies based on how old they were on the date IRCC received your completed application.
But dependent children who do not have a physical or mental condition must not marry or be in a common-law relationship until they become a .
Like you, your family member must also be in Canada when:
- you submit your application, and
- IRCC gives them permanent resident status.
They must also:
- plan to live anywhere in Canada except Quebec
- have a document to prove who they are
If a family member is inadmissible
Usually, people do not qualify for permanent residence if they do not meet certain conditions in Canada's immigration laws. This is called being inadmissible.
But this pathway allows some family members to get permanent residence even if they're inadmissible.
The rules for family members are stricter than they are for you.
Family members can get permanent residence under this pathway even if they:
- stayed in Canada after their temporary status expired
- worked or studied here without permission from IRCC
- lied to IRCC, gave a fake document, or left out information they had to include when they came to Canada, or studied, worked, or lived here without permission
- have a family member who is inadmissible, or
- are included in an application to live in Canada by a family member who is inadmissible
When family members do not qualify
But the family members you want to include in your application cannot get permanent resident status if they or any of their family members:
- are inadmissible for national security reasons, for example, for committing a terrorist act
- took part in organized crime
- abused important human or international rights
And you cannot include your family member if they committed a serious non-political crime outside Canada.
There are other reasons that can also make family members and not eligible. For example, if they committed regular or serious crimes. This can include assault or drunk driving.
Get legal help if you're not sure whether you can apply for permanent residence for your family member.