Regulation 116 — Family class
Text of provision
For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
Plain English
Regulation 116 defines the family class as a class of persons who may be selected for permanent residence as family members of Canadian citizens or permanent residents. A member of the family class is a foreign national who is the sponsor's:
- spouse or common-law partner;
- conjugal partner (where a sponsor-spouse or CLP relationship is not possible);
- dependent child;
- parent or grandparent;
- orphaned relative who is a minor child and a sibling, nephew, niece, or grandchild of the sponsor; or
- other relative — if the sponsor has no living relatives in Canada or abroad and no living member of the categories above.
Practical effect
The family class definition determines who can be sponsored. Relationships must be genuine and subsisting. Common-law partnerships require at least 12 months of cohabitation. Conjugal partnerships (for persons who cannot cohabit due to immigration barriers or legal restrictions) are assessed more stringently.
Quebec has its own family class selection criteria and requires a separate Quebec undertaking for sponsors residing in Quebec, in addition to the federal sponsorship process.