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Sponsoring relatives: What you need to know

Before anything else, ensure your immigration status allows you to sponsor family members. This depends on whether you're a citizen, permanent resident, or temporary resident. In some cases, international students face restrictions鈥攆or example, the has tightened rules around family reunification. On the other hand, certain residence permits come with clear advantages. The European Blue Card in countries like or the may offer more flexibility for bringing family over.

Eligibility requirements to fulfill

Make sure the relatives you want to sponsor meet all the necessary conditions. This includes having a clean criminal record, respecting the terms of their current residence permit if they've already arrived, and sharing any relevant medical information, such as a disability. You'll also need to meet specific criteria yourself, like having stable finances, proof of employment, and a clean criminal record.

Pay attention to your financial resources

Your financial situation is a crucial part of any sponsorship application. You need to show that you can support your family鈥攖his means having a steady income, secure employment, and suitable housing. Many countries have recently raised the minimum income required to sponsor relatives. If your finances are unstable鈥攆or example, if you have unpaid debts or are under a banking ban鈥攜our application could be denied.

Respect the timelines

Staying beyond the time allowed on your visa or permit puts you in an illegal situation鈥攅ven if you're married to a citizen or have close family ties with a permanent resident. These relationships don't automatically grant exceptions, so it's essential to follow the rules and timelines set by the host country.

For spouses

Check how the host country defines 鈥渟pouse.鈥� Some countries recognize common-law partnerships; others do not. If not, you'll need to be legally married before sponsoring your partner. A sponsored spouse's status may change in the event of separation or divorce. Generally, your spouse is not at risk if the sponsorship was approved before the separation. But it all depends on the host country's legislation. For example, in , sponsorship continues for three years after your spouse obtains permanent residency. During that time, you're still responsible for meeting their 鈥渂asic needs.鈥� However, the application will logically be denied if the separation happens before the sponsorship request.

Sponsoring a relative: Examples from the United States

The allows you to sponsor relatives under certain conditions:

• You must be a US citizen or permanent resident.
• You can sponsor immediate relatives or other close family members. However, the visa application process differs depending on the category of the family member.

Immediate relatives

This category includes your spouse, unmarried children under 21, and your parents. You can sponsor them by applying for an for a spouse, an for children, or an for parents. There's no limit to the number of visas you can request.

Other close family members

This category includes your siblings (F-4 visa) and children who don't fall under the immediate relatives group. These may be unmarried children aged 21 or older (F-1 visa) or married children (F-3 visa). If you're a permanent resident, you can sponsor your spouse and unmarried children using the F-2A visa (for spouses and unmarried children under 21) or the F-2B visa (for unmarried children 21 and over).

What to do if the residence permit has expired

You're a US citizen and married an expat who was on a temporary work permit, but the permit expired after the marriage, and no extension could be filed, whether due to job loss, administrative delays, or other issues.

Another example: your spouse arrived nearly 10 years ago on a student visa, but that visa expired several years ago.

Marriage and overstaying聽聽

Many believe that marrying a US citizen automatically fixes the immigration status of an expat who has overstayed their visa, or at least does so quickly. But the reality is more complicated.

The US government clearly states that anyone who stays beyond the authorized period on their visa is considered to have , regardless of their personal situation, whether they're married to a US citizen or related to one. Penalties depend on how long the person has overstayed.

• Overstay under 180 days: Your spouse won't be barred from entering the US in the future. Sponsorship may still be possible if all eligibility criteria are met. However, the overstay stays on record, and you'll need to convince the consular officer that your case is strong. Officers do consider past compliance with visa terms.
• Overstay between 180 days and 1 year: Your spouse will face a 3-year reentry ban.
• Overstay of 1 year or more: The ban increases to 10 years.

Exceptions

In some cases, the US government will not penalize your spouse or family member for overstaying:

• Your relative is under 18.
• They applied for asylum, the case is still pending, and their good faith has been recognized.
• Your sponsorship request 鈥� whether for a green card, an extension, or a change of status 鈥� is currently being processed.

Can you sponsor a spouse staying irregularly?

While the general rules still apply, the US government gives your spouse priority status if you're an American citizen. This comes with two key advantages:

• They can apply for an , even if they're currently in the US without legal status. The authorities will still review the application.
• This request can be filed without leaving the country. If approved, your spouse will receive a green card.

Still, the process is complex. You must provide all required documents. For example, adjustment of status is only possible if your spouse originally entered the US legally and your marriage is legally valid.

The process is even more difficult for permanent residents who want to sponsor a spouse in an irregular status.

Sponsoring a relative: Examples from France

Pay close attention to your status before starting any sponsorship procedures. You need to confirm that your current status allows you to sponsor relatives. The French Office for Immigration and Integration (OFII) provides a to help you check your eligibility, whether you're a French citizen, an EU national, or a non-EU citizen.

You are French

According to OFII and the , family reunification is not available to French citizens鈥攊t's a procedure reserved for foreign nationals. However, you can . They must first that also serves as a residence permit, allowing them to live in France for one year without needing a separate permit. After that, they can apply for a 鈥溾�� residence permit, provided they meet the eligibility criteria.

You are a foreigner, EU national

As an EU citizen, you are not required to undergo family reunification. According to , your close relatives鈥攊ncluding your parents, spouse, children, siblings, aunts, uncles, and grandparents鈥攃an join you in France, regardless of their nationality. In some cases, you may also be able to sponsor your partner.

Keep in mind that:

• If you're an international student, you cannot sponsor your ascendants (parents or grandparents).
• If one of your relatives depends on you due to a serious illness, they may be eligible for a residence permit鈥攂ut only after a medical assessment confirms their condition. If they're not European, they must apply for a residence card within three months of arriving in France.
• Your financial situation will be closely examined. You must show that you can adequately support your relatives.
• If your request is approved, your family members will receive a 鈥�.鈥�

You are a foreigner, non-EU citizen

According to OFII, your sponsorship request may be approved鈥攁s long as you submit all required documents鈥攊f you've been living legally in France for . Foreign talents benefit from a faster process: if you hold a 鈥�,鈥� you don't need to go through the standard family reunification procedure. Instead, you can apply directly for a 鈥溾�� residence card.

Important:

A separate process applies to refugees. The French government allows once refugee or stateless status has been granted鈥攎eaning you are legally residing in France. If you meet the conditions, you can sponsor your legal spouse or partner, as well as your minor children. Unmarried minor refugees may also request reunification with their parents and, in some cases, their unmarried siblings.