Canada Spousal sponsorship
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Spousal sponsorship
One of the goals of IRCC is “to see that families are reunited in Canada”. Canada allows permanent immigration of the spouses, common-law partners or Conjugal Partners of Canadian citizens or permanent residents. Successful sponsorships hinge on the genuine and ongoing relationship of the sponsor and the principal applicant.
Spousal sponsorship applicants must prove that they are in one of these relationships:
- Marriage – The couple, i.e. the Sponsor and the sponsored must be in a legally binding and committed relationship. This union must be recognized by the state and beyond that, they must prove that they are in an ongoing and loving relationship.
- Common Law – For couples that are not married but have been living together for at least a year, they can apply under the Common Law status. For this, you must show that you have been living together and sharing expenses for the past one year and like marriage, prove that you are in a genuine and exclusive relationship.
- Conjugal Partner – This category is for couples that cannot get legally married because of circumstances outside of their control. For this sponsorship to be accepted, the couple must prove that their relationship is conjugal, i.e., they have a mutual commitment to a shared life, they are in an exclusive, intimate, and permanent relationship and they are regarded by others as a couple. Although there is no set definition of a conjugal relationship, this is the basic idea of what the applicants need to prove to the IRCC officer.
When agreeing to enter a sponsorship relationship, the sponsor promises to cover the basic living expenses of the applicant. The undertaking begins the day the principal applicant becomes a Permanent resident and lasts for the next 3 years. If for some reason the relationship does not work out, the sponsor can enter another relationship but cannot submit another sponsorship for the new partner till 3 years have lapsed from principal applicant’s permanent residence. On the other hand, the principal applicant (sponsored spouse) has a bar of 5 years to sponsor a new partner from the day they become a permanent resident.
The spousal sponsorship process involves paperwork from both the sponsor and the sponsored, and for them to prove their credentials and the validity of their relationship. This involves descriptions of the relationship itself and proofs like wedding pictures, vacations together, social media and ongoing communications, and anything that proves that the relationship is genuine and present. Our NNC Immigration team has successfully filed numerous Sponsorship applications with a 100% success rate, as we are familiar with all the ins and outs of what is required to get your partner reunited with you.
Why NNC Immigration?
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How long does the spousal sponsorship process take?
The processing time for spousal sponsorship applications can vary depending on several factors, including the country of residence of the applicant and the completeness of the application. On average, the process can take approximately 12 months. However, it is important to check the current processing times on the IRCC website for the most up-to-date information.
Can I sponsor my spouse if I am living outside of Canada?
- Yes, Canadian citizens can sponsor their spouse or common-law partner even if they are living outside of Canada. However, they must demonstrate their intention to return to Canada once the sponsored person becomes a permanent resident.
- Permanent residents must be residing in Canada to sponsor their spouse.
Do we need to hire an immigration consultant or lawyer to help with our spousal sponsorship application?
While it is not mandatory to hire an immigration consultant or lawyer to help with your spousal sponsorship application, many applicants choose to do so to ensure that their application is complete and properly prepared. Professional assistance can help avoid common mistakes and delays, but it is entirely possible to submit a successful application on your own by following the IRCC guidelines.
Can my spouse work in Canada while their sponsorship application is being processed?
Yes, spouses or common-law partners who are applying for permanent residence from within Canada can apply for an open work permit, allowing them to work while their sponsorship application is being processed. This is often referred to as the Spousal Open Work Permit (SOWP) under LMIA code A40.
What happens if my spousal sponsorship application is refused?
If your spousal sponsorship application is refused, you will receive a letter from IRCC explaining the reasons for the refusal. You may have the option to appeal the decision to the Immigration Appeal Division (IAD) if you believe the decision was incorrect. Alternatively, you can address the issues raised in the refusal and submit a new application.
Can I sponsor my same-sex spouse or partner?
Yes, Canada recognizes same-sex marriages and partnerships for the purposes of spousal sponsorship. Same-sex spouses and partners are eligible to apply under the same criteria as opposite-sex couples, whether married, common-law, or conjugal partners.
What financial obligations do I have as a sponsor?
As a sponsor, you are financially responsible for your spouse or partner for three years from the date they become a permanent resident. This means you must ensure they have basic needs such as food, clothing, shelter, and healthcare not covered by public health services. If your sponsored spouse or partner receives social assistance during this period, you may be required to repay the government.
What documents are required to prove a common-law relationship?
To prove a common-law relationship, you will need to provide evidence that you have been living together for at least one year. This can include joint leases or rental agreements, joint bank accounts or credit cards, utility bills with both names, correspondence addressed to both of you at the same address, and affidavits from friends and family attesting to your relationship.
