Sponsoring a Spouse Who Has Children: How Dependent Children Fit Into a Spousal Sponsorship Application

Many Canadians who sponsor a spouse are also bringing children into the family — either children the sponsored spouse has from a prior relationship, children born to the couple who are currently living abroad, or both. Sponsoring a spouse with dependent children in Canada is more complex than a two-person application, and the complications touch eligibility, financial thresholds, evidence, custody documentation, and the undertaking.

This article explains how dependent children fit into a spousal sponsorship application so Ontario sponsors can plan ahead.

What Is a "Dependent Child" Under Canadian Immigration Law?

IRCC defines a dependent child in its regulations, and the definition matters because it determines who can be included in the sponsorship. As of writing, the definition generally covers:

• A biological or adopted child of the principal applicant (your spouse), or
• A child of that child (i.e., a grandchild of the principal applicant),

who meets both of the following:

• Is under a specific age threshold (as of writing, under 22 years old — verify the current age on Canada.ca), and
• Does not have a spouse or common-law partner of their own.

Children who are 22 or older can still be dependent if they have been continuously enrolled in and financially dependent on a parent due to a physical or mental condition — confirm the current rules on Canada.ca/IRCC.

Including Children: When and How

When your spouse applies for permanent residence, they must declare all dependants in the application, even if some will not be included in the immigration to Canada. Failing to declare a child — even one who will not be sponsored, or one you are not sure about — is a serious problem. Undisclosed family members can later create grounds for misrepresentation findings and loss of PR status.

Included vs. Excluded Dependants

Your spouse can choose to include a child (meaning the child comes to Canada as a permanent resident) or to exclude a child from the active sponsorship (meaning the child stays abroad and the door remains open for a future sponsorship). However, the child must still be declared.

If a child is not included in the current application, they may be able to be sponsored separately in the future — but timing, age, and circumstances will affect that later application. Get advice on whether deferring a child's sponsorship is a good strategy.

The Income Threshold When Children Are Included

Unlike the basic spousal sponsorship (no minimum income requirement for a spouse alone), when dependent children are included, a financial threshold based on the Low Income Cut-Off (LICO) applies. The sponsor must demonstrate income at or above a percentage of the LICO for the relevant household size.

This threshold changes annually and varies by family size. As of writing, verify the current LICO threshold applicable to your sponsorship on Canada.ca/IRCC before assuming you meet it. The household size for LICO purposes includes the sponsor, the sponsored spouse, any dependent children, and any other dependants already in your household in Canada.

If your income is close to the threshold, discuss this with a lawyer before filing. Insufficient income when children are included is a common — and often missed — reason for application refusals.

Custody Issues: When a Child Cannot Come to Canada

A child can only be sponsored if the sponsor or the principal applicant has the legal authority to bring the child to Canada. If the child's other parent (who is not the applicant) has custody or joint custody, that parent's consent may be required before the child can immigrate.

This interacts with family law in the child's home country. If the other parent refuses to consent, the sponsoring parent may need to:

• Obtain a court order from the home country
• Navigate international custody law
• In some cases, leave the child behind temporarily while resolving the custody situation

This is an area where immigration law and international family law overlap, and where professional advice is essential. Do not assume a child can simply be brought to Canada without addressing the custody question.

The Undertaking for Children

As noted in Treadstone's article on the undertaking, the undertaking period for dependent children is generally different from — and longer than — the undertaking for a spouse. As of writing, the undertaking for a dependent child typically runs until the child is 25 years old or becomes a permanent resident, whichever comes first. Confirm the current undertaking period on Canada.ca.

This is a substantial financial commitment. A child who arrives at age 10 could be under your undertaking for 15 years. If the child later has difficulties — needs social assistance for any reason — that obligation may fall back to you. Discuss the implications with your lawyer.

Children Born During Processing

If a child is born to you and your spouse after the sponsorship application is filed but before PR is granted, that child should be added to the application as soon as possible. IRCC has procedures for adding newly born children. A child who exists but is not disclosed is a misrepresentation problem waiting to happen.

Biometric Requirements for Children

Children included in a sponsorship application generally need to provide biometrics (fingerprints and photo) above a certain age. The age threshold and process can change — confirm the current requirements on Canada.ca.

Frequently asked questions