Child Sponsorship Lawyer in Canada – Helping Parents Sponsor Their Children for Permanent Residence.
Whether you’re sponsoring a young child, an adopted child, or an adult son or daughter over 18, Ayodele Law helps families navigate the legal requirements and reunite in Canada. Many parents reach out after searching for a child sponsorship lawyer near them, especially when eligibility is unclear for older children, adoption, or complex family situations.
Child sponsorship allows Canadian citizens and permanent residents to sponsor their children to become permanent residents of Canada. However, many parents face confusion about eligibility—especially when their child is over 18, married, or adopted. Our child sponsorship lawyers provide clear legal guidance to ensure your application meets all IRCC requirements, helping you avoid delays, refusals, or costly mistakes.
Canada’s Family Class sponsorship allows citizens and permanent residents to bring certain family members to live permanently in Canada. This guide covers family-class sponsorship for:
Spouse, common-law, or conjugal partner and their dependent children
Dependent children (biological, adopted, or step-children)
Adopted children
Certain “other relatives” in limited circumstances (e.g. orphaned sibling, niece, or nephew under 18)
Parent and grandparent sponsorships are handled separately (see the IRCC Parent and Grandparent Program).
Who Can Be a Sponsor?
You can be a sponsor if you meet the following criteria:
Be 18 years or older;
Be a Canadian citizen, permanent resident of Canada, or a person registered in Canada under the Indian Act;
Live in Canada (citizens living abroad can sponsor if they show they will move back to Canada when the sponsored person becomes a permanent resident);
Meet financial and other eligibility obligations (for most family-class sponsorships you must sign the sponsorship undertaking and not be in default of prior undertakings; for parents/grandparents there is a minimum income requirement).
If you are ineligible (for example, you are receiving social assistance other than for a disability, or you are in default on a prior undertaking), you may not be able to sponsor. Always check the IRCC sponsor eligibility page first.
Who Can Be Sponsored as a Child?
Under Canadian law, the following individuals can be sponsored as dependent children:
Biological or adopted children under 22 years old who are not married or in a common-law relationship
Children over 22 who depend financially on their parents due to a mental or physical condition
Adopted children, provided the adoption meets the legal requirements of both countries
Step-children, where the sponsor is married or in a common-law relationship with the child’s parent
Orphaned relatives (sibling, niece/nephew, or grandchild) who are under 18, unmarried, and whose parents are deceased
Note: “Other relatives” (adult siblings, cousins, etc.) are generally not eligible except in exceptional and limited circumstances.
Step-by-step guide: How to Sponsor Your Child to Canada
| Step | Description |
|---|---|
| ✅ Confirm Sponsorship Type (Inland or Outland) | Determine whether your application is inland (if your child is already in Canada) or outland (if they are abroad). Each route has different processing times and options for appeals. |
| ✅ Check Sponsor and Child Eligibility | Ensure both the sponsor and the child meet IRCC requirements. The sponsor must be 18+, eligible to sponsor, and financially capable. The child must be admissible (no criminal or medical issues) and meet the definition of a dependent child. |
| ✅ Gather Required Forms and Documents | Prepare all necessary forms and supporting materials, including IMM 1344 (Application to Sponsor), IMM 0008 (Generic Application), IMM 5406 (Additional Family Information), and the Document Checklist IMM 5533. Include proof of relationship, ID, and financial records. |
| ✅ Complete and Review All Forms Carefully | Use the latest IRCC forms and ensure all sections are fully completed, digitally signed, and consistent across sponsor and applicant details. Errors or missing fields can lead to delays or returned applications. |
| ✅ Pay Application Fees and Submit | Pay all required fees online — including sponsorship, processing, biometrics, and the Right of Permanent Residence Fee (RPRF). Submit your complete application package via the IRCC online portal and retain your confirmation receipt (AOR). |
| ✅ Provide Biometrics, Medical Exams, and Police Certificates | After submission, IRCC will request biometrics (fingerprints and photo), a medical exam by an approved panel physician, and police certificates for applicants aged 18 or older. |
| ✅ Respond Quickly to IRCC Requests | If IRCC requests further documents or clarifications (RFI), respond promptly with clear, certified translations when necessary. Delays or missing responses can lead to returned or refused files. |
| ✅ Decision, Landing, and Undertaking Period | Once approved, your child will receive a Confirmation of Permanent Residence and can “land” in Canada. The sponsor’s financial undertaking period begins (usually 10 years for dependent children). If refused, explore appeal or reapplication options. |
What Can Complicate a Child Sponsorship Application
Common issues that delay or lead to refusals include:
Missing or incomplete forms
Difficulty proving parent-child or adoption relationships
Prior immigration refusals or inadmissibility
Criminal records or prior sponsorship defaults
Medical inadmissibility or insufficient documentation
If your child sponsorship application is refused, you may have the right to appeal to the Immigration Appeal Division (IAD) within 30 days or reapply with corrected documentation. Ayodele Law can assist with both appeals and reapplications.
Tips for a Strong Application
Submit a complete and organized package using the correct checklist
Provide clear and varied evidence of the relationship
Use certified translations for all non-English/French documents
Respond quickly to biometric and IRCC requests
Seek legal review early if adoption, criminal, or medical issues exist
Need Legal Help with Child Sponsorship?
Family reunification is at the heart of Canada’s immigration system — but the process can be daunting without legal support. At Ayodele Law, we help sponsors prepare accurate, persuasive applications and respond to IRCC requests effectively.
If you’re asking “Can I sponsor my son or daughter to Canada?” — the answer depends on your unique circumstances. Book a consultation with our child sponsorship lawyers in Toronto for a confidential assessment and step-by-step guidance.
Frequently Asked Questions
Child sponsorship rules can be confusing, especially for adopted children, children over 22, or cases involving custody or prior refusals. These FAQs cover common questions about eligibility, timelines, refusals, and next steps.
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It depends on whether your child meets IRCC’s definition of a dependent child. In many cases, children must be under 22 and not married or in a common-law relationship. Children over 22 may qualify only if they depend financially on their parents due to a physical or mental condition.
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Generally, a dependent child is a biological, adopted, or step-child who is under 22 and not married or in a common-law relationship. IRCC may also recognize dependency over 22 in limited circumstances involving ongoing financial dependence due to a condition.
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Yes, but adoption cases must meet specific legal requirements in both the country of adoption and Canada. Documentation and compliance are closely reviewed, and incomplete evidence can lead to delays or refusal.
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Processing times vary depending on where the child lives, application completeness, and IRCC background checks. Submitting a complete, well-organized application and responding quickly to IRCC requests can help avoid unnecessary delays.
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If refused, you may have the option to appeal to the Immigration Appeal Division (IAD) in eligible cases or reapply with corrected documentation, depending on the refusal reasons. Deadlines can be short, so it’s important to seek legal advice quickly.
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If you’re searching for a child sponsorship lawyer near you, it’s important to work with a firm experienced in family-class sponsorship rules and IRCC requirements. Ayodele Law is based in Toronto and assists families locally and across Ontario and Canada with child sponsorship applications, refusals, and appeals.
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In many cases, yes. If the child has another living parent or legal guardian, IRCC may require proof of custody, written consent to immigrate, or a court order permitting the child to relocate permanently. Failing to address custody and consent issues is a common reason child sponsorship applications are refused.
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Possibly. In some cases, a child may be able to visit Canada temporarily while the sponsorship application is in process, depending on visa requirements and admissibility. Visitor visa approval is discretionary and separate from sponsorship. Parents often consult an immigration lawyer near you to assess dual intent risks before applying.
From Our Clients“I’m so thankful for everything Tracy and her incredible team—Cheryl, Ayra, and Yazmin—did for us. Getting our refugee approval was such a huge moment, and it wouldn’t have been possible without their support. They were kind, patient, and truly dedicated every step of the way.
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