Spousal Sponsorship
If you are a Canadian citizen or permanent resident, you can sponsor your spouse, common-law, or conjugal partner to obtain Canadian permanent resident status, here is everything you need to know on Canada's spousal sponsorship program.
Bringing your spouse or partner to Canada is an important step in reuniting your family and starting your life together in one of the world's most welcoming countries. The Spousal Sponsorship program is designed to help Canadian citizens and permanent residents sponsor their spouse or common-law partner for permanent residency. Here, we provide a detailed and comprehensive guide to spousal sponsorship, covering every aspect you need to know.
What is Spousal Sponsorship?
Spousal Sponsorship is a part of Canada’s Family Class immigration program, which allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner to come to Canada as a permanent resident. The goal is to reunite families and help them build a life together in Canada.
Who Can Sponsor?
To sponsor your spouse or common-law partner, you must meet the following requirements:
- Status: You must be a Canadian citizen or a permanent resident of Canada.
- Age: You must be at least 18 years old.
- Financial Requirements: You must demonstrate the ability to financially support your spouse or partner and any dependent children. While there is no specific income requirement, you must not be receiving social assistance (except for disability) and should be able to meet basic needs for your family.
- Residency: If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your spouse or partner becomes a permanent resident.
- Legal Obligations: You must not be in prison, bankrupt, under a removal order (if a permanent resident), or charged with a serious offense.
Who Can Be Sponsored?
You can sponsor:
- Spouse: Legally married to you.
- Common-law partner: Not legally married but living together in a conjugal relationship for at least one year.
- Conjugal partner: In exceptional cases, a person outside Canada who has been in a conjugal relationship with you for at least one year but cannot live with you due to significant legal or immigration reasons.
Eligibility Criteria for the Sponsored Person
The sponsored spouse or partner must also meet certain criteria:
- Age: Must be at least 18 years old.
- Relationship Proof: Must provide evidence of a genuine and continuing relationship.
- Admissibility: Must not be inadmissible to Canada for health, criminal, or security reasons.
Types of Sponsorship Applications
There are two main types of spousal sponsorship applications:
- Inland Sponsorship:
- For spouses or partners living in Canada.
- The sponsored person can apply for an open work permit while the application is being processed.
- Must cohabit in Canada during the processing period.
- Outland Sponsorship:
- For spouses or partners living outside Canada.
- Typically processed through the visa office in the sponsored person’s country of origin or where they have been legally admitted for at least one year.
- The sponsored person can visit Canada while the application is in process, but must maintain legal visitor status.
Application Process
- Obtain the Application Package: Download the application package from the IRCC website, which includes a guide and all necessary forms.
- Complete the Forms: Fill out all required forms accurately. Common forms include:
- Application to Sponsor, Sponsorship Agreement, and Undertaking [IMM 1344]
- Relationship Information and Sponsorship Evaluation [IMM 5532]
- Generic Application Form for Canada [IMM 0008]
- Additional Family Information [IMM 5406]
3. Gather Supporting Documents: This includes proof of relationship (marriage certificate, photos, communication logs), proof of identity (passports, birth certificates), proof of residency (lease agreements, utility bills), and police certificate.
4. Pay the Fees: Pay the applicable processing fees, which typically include the sponsorship fee, processing fee, and right of permanent residence fee.
5. Submit the Application: Ensure all forms and documents are complete and submit the application package to the IRCC.
6. Medical Exams and Biometrics: The sponsored person must complete a medical examination and provide biometrics (fingerprints and photo) if required.
Processing Times
Processing times for spousal sponsorship applications can vary. On average, it takes about 12 months. However, this can change based on factors such as the country of residence, completeness of the application, and the need for additional documentation or interviews.
After Approval
Once the application is approved, the sponsored spouse or partner will receive a Confirmation of Permanent Residence (COPR) and a visa if required. They must arrive in Canada before the expiry date on these documents. Upon arrival, they will be granted permanent residency status.
Rights and Responsibilities
As a sponsor, you have certain responsibilities:
- Financial Support: You must provide financial support to your spouse or partner for three years from the date they become a permanent resident.
- Repayment of Social Assistance: If your spouse or partner receives social assistance during this period, you must repay the amount.
The sponsored spouse or partner has the right to live, work, and study in Canada. They must comply with Canadian laws and fulfill the conditions of their permanent residency.
Common Challenges and Tips
- Proof of Relationship: Provide detailed and convincing evidence of your relationship. Include photos, communication logs, joint bank accounts, lease agreements, etc.
- Completeness of Application: Ensure all forms are correctly filled and all required documents are included. Incomplete applications can lead to delays.
- Legal and Financial Obligations: Understand and prepare for your financial responsibilities as a sponsor.
Professional Assistance
Navigating the spousal sponsorship process can be complex. Professional immigration consultants or lawyers can provide valuable assistance to ensure your application is thorough, accurate, and submitted correctly. They can also help address any issues or challenges that arise during the process.
Why Choose Scorpius Immigration Services Inc.?
At Scorpius Immigration Services Inc., we have a team of experienced professionals dedicated to helping you successfully sponsor your spouse or partner. We offer:
- Expert Guidance: Our team stays updated with the latest immigration laws and policies to provide accurate and effective advice.
- Personalized Service: We understand that every situation is unique and provide tailored solutions to meet your specific needs.
- Commitment to Success: We are committed to achieving the best possible outcome for every client, ensuring your application is complete and compelling.
Contact us today to start your spousal sponsorship journey and bring your loved one to Canada.