Spousal Sponsorship in Canada

Canada’s Spousal Sponsorship Program: A Comprehensive Guide

Canada’s Family Reunification Program plays a crucial role in uniting families. One of the most popular streams within this program is spousal sponsorship, which allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residency in Canada. This program aims to ensure that families can live together, contribute to Canadian society, and build their futures.

1. What is Spousal Sponsorship?

Spousal sponsorship is a key component of Canada’s Family Class immigration programs, specifically designed to facilitate family reunification. This program enables Canadian citizens or permanent residents to sponsor their spouse, common-law partner, or conjugal partner for permanent residency in Canada. The program aims to unite families by allowing them to live together in Canada, contributing to the country’s multicultural society.

Key Features of Spousal Sponsorship:

• Eligibility for Sponsors:
  • A Canadian citizen or permanent resident can sponsor their spouse, common-law partner, or conjugal partner.
  • The sponsor must meet specific requirements, including being at least 18 years old and able to financially support their partner.
• Relationship Types:
  • Spouse: Legally married to the sponsor.
  • Common-Law Partner: A couple living together in a conjugal relationship for at least one year.
  • Conjugal Partner: A partner in a relationship who cannot marry or live together due to exceptional circumstances (e.g., legal or immigration barriers).
• Priority and Speed:
  • Applications for spousal sponsorship are generally processed faster than many other immigration streams, reflecting the importance of family reunification.
• Permanent Residency and Rights:
  • The sponsored spouse or partner receives permanent residency upon approval, allowing them to live, work, and study in Canada.
  • After residing in Canada for a certain period (typically three years), the sponsored individual can apply for Canadian citizenship.

By allowing couples to be together in Canada, spousal sponsorship is a popular and effective pathway to permanent residency.

2. Who Can Be Sponsored?

Under Canada’s Spousal Sponsorship Program, Canadian citizens or permanent residents can sponsor their spouse, common-law partner, or conjugal partner for permanent residency. To be eligible for sponsorship, the individual being sponsored must fall into one of the following categories:

1. Spouse

• Eligibility:
  • The person must be legally married to the sponsor.
  • The marriage must be recognized by law in the country where it took place and be considered genuine (not a marriage entered into solely for immigration purposes).

2. Common-Law Partner

• Eligibility:
  • The partner must have lived with the sponsor in a conjugal relationship for at least 12 consecutive months.
  • The relationship must be genuine, and the couple must have shared a life together in a way that mirrors a married couple.

3. Conjugal Partner

• Eligibility:
  • A conjugal partner is someone in a genuine, committed relationship with the sponsor for at least one year, but the couple has been unable to live together due to exceptional circumstances.
  • These circumstances can include immigration barriers, cultural restrictions, or other significant barriers preventing the couple from living together.
  • The couple must provide evidence that they have maintained a genuine relationship despite these barriers.

These categories ensure that the program is inclusive of various relationship types, allowing Canadian citizens and permanent residents to reunite with their loved ones.

3. Who Can Sponsor?

To sponsor a spouse, common-law partner, or conjugal partner for permanent residency in Canada, the sponsor must meet specific eligibility requirements. The key criteria include:

1. Canadian Citizenship, Permanent Residency, or Indian Status

• The sponsor must be a Canadian citizen, permanent resident, or someone who is registered under the Canadian Indian Act.
• If the sponsor is a permanent resident, they must be living in Canada at the time of the sponsorship.

2. Minimum Age Requirement

• The sponsor must be at least 18 years old.
• This ensures that the sponsor is legally able to enter into binding contracts, such as a sponsorship agreement.

3. Previous Sponsorship Restrictions

• The sponsor must not have been sponsored as a spouse or partner in the last five years.
• This rule ensures that the sponsor is not using the program in a way that could be considered exploitative or intended for immigration purposes alone.

4. Financial Ability

• The sponsor must be able to demonstrate financial capacity to support the sponsored person.
• The sponsor needs to prove they can provide for their spouse or partner’s basic needs, ensuring they will not need to rely on social assistance from the Canadian government.
• This includes providing evidence of income or financial assets sufficient to meet the Low Income Measure (LIM), depending on the sponsor’s situation.

5. Legal Standing

• The sponsor cannot be in prison, bankrupt, or convicted of certain criminal offenses (especially related to violence or sexual offenses).
• This ensures that the sponsor is legally able to fulfill their obligations under the sponsorship agreement.

Meeting these requirements is crucial for ensuring the integrity of the Spousal Sponsorship Program. If the sponsor doesn’t meet these criteria, the application for sponsorship could be rejected.

4. Types of Spousal Sponsorship

The Spousal Sponsorship Program in Canada offers two pathways depending on the location and circumstances of the sponsored person: Inland Sponsorship and Outland Sponsorship. Each type has specific criteria and benefits, as outlined below:

1. Inland Sponsorship

This option is for couples where the sponsored person is living in Canada with the sponsor.

• Eligibility:
  • The sponsored individual must have valid temporary resident status (e.g., as a visitor, student, or worker).
  • Both the sponsor and the sponsored person must meet all eligibility requirements.
• Key Features:
  • The sponsored individual is eligible to apply for an Open Work Permit, allowing them to work in Canada while their application is being processed.
  • The couple must continue living together in Canada throughout the process.
• Advantages:
  • Enables the couple to remain together during the sponsorship process.
  • Provides work opportunities for the sponsored individual, reducing financial pressure.
• Considerations:
  • The sponsored person should not leave Canada for extended periods during the application process, as it could jeopardize their status.

1. Outland Sponsorship

This option is for couples where the sponsored person is living outside Canada or plans to remain abroad during the process.

• Eligibility:
  • The sponsored individual must meet the requirements for sponsorship and typically apply through the visa office responsible for their home country or country of residence.
• Key Features:
  • The sponsored person can still travel to Canada during the process if they hold the necessary visa or travel authorization.
  • Applications are processed by a visa office abroad, ensuring the individual does not need to relocate to Canada during the process.
• Advantages:
  • Ideal for couples temporarily separated due to work, study, or other circumstances.
  • Provides flexibility for the sponsored person to stay in their home country while the application is under review.
• Considerations:
  • Processing times may vary depending on the visa office.
  • Travel to Canada is subject to visa rules and is not guaranteed during the application process.

Understanding the differences between Inland and Outland Sponsorship helps couples choose the most appropriate pathway based on their circumstances.

5. Eligibility Criteria for the Relationship

To ensure the relationship is genuine and meets the requirements for spousal sponsorship, applicants must provide clear and compelling evidence. This helps the Immigration, Refugees, and Citizenship Canada (IRCC) evaluate the authenticity of the relationship and prevent misuse of the program through fraudulent marriages or partnerships.

Requirements to Prove the Relationship is Genuine

1. Marriage Certificates (if applicable):
   • A legally recognized marriage certificate from the country where the marriage occurred is essential for spouses.
   • For Canadian marriages, ensure the certificate is issued by a provincial or territorial authority.
2. Joint Financial Records:
   • Bank account statements, joint property ownership, rental agreements, or shared utility bills demonstrating cohabitation or shared financial responsibilities.
3. Photographic Evidence:
   • Photos from the wedding, family gatherings, vacations, or significant life events.
   • Include captions with dates and context to explain the importance of the events.
4. Communication Logs:
   • Copies of emails, text messages, chat logs, or call records showing regular communication between the couple.
   • Highlight messages that demonstrate emotional connection and shared plans for the future.
5. Affidavits from Friends and Family:
   • Letters or sworn statements from people familiar with the relationship.
   • These should confirm the authenticity of the relationship and provide specific examples of how the couple’s bond has been observed.
6. Evidence of Cohabitation (if applicable):
   • Proof that the couple has lived together, such as rental leases, utility bills, or mail addressed to the same location.
7. Travel Documentation:
   • Boarding passes, hotel receipts, or other evidence of trips taken together, especially for long-distance relationships.

IRCC’s Approach to Fraud Prevention

IRCC carefully reviews spousal sponsorship applications to identify fraudulent marriages or partnerships entered solely for immigration purposes. Key measures include:

• In-Depth Review: IRCC assesses the submitted evidence to confirm the relationship aligns with cultural norms and is consistent with the applicants’ claims.
• Interviews: In some cases, couples may be required to attend interviews to clarify doubts or provide further proof of their relationship.
• Legal Consequences: Submitting false information or documentation can lead to application refusal, sponsorship bans, or other legal penalties.

By providing thorough and transparent documentation, applicants can demonstrate the legitimacy of their relationship and build a strong case for their sponsorship application.

6. The Sponsorship Process

Sponsoring a spouse, common-law partner, or conjugal partner for permanent residency in Canada involves a series of structured steps. Following these ensures a smooth application process and reduces the risk of delays or refusals.

Step 1: Confirm Eligibility

• Sponsor: Verify that the sponsor meets the eligibility criteria (e.g., citizenship/permanent residency, age, financial stability).
• Applicant: Ensure the sponsored person qualifies based on the relationship type (spouse, common-law, or conjugal partner).

Step 2: Gather Documentation

Collect and organize all necessary documents. These may include:

1. Proof of Relationship:
   • Photos of the couple together, travel itineraries, communication logs, affidavits from family and friends, and joint financial records.
2. Marriage or Partnership Certificates:
   • Official documents confirming the relationship’s legal status.
3. Identity Documents:
   • Passports, birth certificates, and other government-issued IDs.
4. Sponsor’s Financial Proof:
   • Evidence of financial stability, such as pay stubs, tax returns, or bank statements, to demonstrate the ability to support the sponsored person.

Step 3: Complete the Application

• Download and fill out the spousal sponsorship application package from the IRCC website.
• Ensure all forms are accurate, complete, and signed.
• Use the document checklist provided to avoid missing any required items.

Step 4: Submit the Application

• Submit the completed applicatione online, (If you can’t apply online, and require accommodations, including for a disability, you can ask for the application in another format (paper, braille or large print).

available).

• Pay the required fees online:

o Sponsorship fee: CAD 85

o Processing fee: CAD 545.

o Right of Permanent Residence Fee (RPRF): CAD 575

o Biometrics fee (if applicable): CAD 85 per person.

• Retain copies of the application and payment receipt for your records.

Step 5: Processing and Communication

• Processing Time: Applications typically take 12 months to process.
• IRCC Updates: You will receive updates on your application status, including:
  • Acknowledgment of receipt.
  • Biometrics and medical exam instructions.
  • Requests for additional documents or interviews (if needed).
• Interview Requirement: In cases where the relationship requires further verification, both the sponsor and applicant may need to attend an interview.

By carefully following these steps and providing a thorough application, you can ensure the process proceeds smoothly and efficiently.

7. Additional Factors to Consider

When applying for spousal sponsorship, it’s important to understand the nuances and additional considerations that may affect the process. Below are key factors to keep in mind:

1. Conditional Permanent Residency

• Update: The conditional permanent residency rule, which previously required sponsored spouses to live with their sponsor for two years, was abolished in April 2017.
• Current Status: Sponsored spouses are granted unconditional permanent residency, meaning there are no conditions tied to the continuation of the relationship.

2. Quebec Residents

• Sponsors residing in Quebec must fulfill additional provincial requirements:
  • After IRCC approves the federal sponsorship application, you must sign an undertaking agreement with Quebec’s Ministry of Immigration (MIFI).
  • This agreement outlines the sponsor’s financial responsibilities toward the sponsored person for a specific period.
  • Additional forms and fees may also apply.

3. Dependent Children

• Inclusion in Application:
  • You can include dependent children of the sponsored spouse or partner in the application.
  • Dependent children are those under 22 years of age who are not married or in a common-law relationship. Exceptions may apply for children over 22 with certain disabilities or dependencies.
• Processing Fees:
  • CAD 150 per dependent child.
• Documentation Required:
  • Birth certificates, adoption papers (if applicable), and proof of custody if the child is from a previous relationship.

Other Considerations

• Financial Undertaking Period:
  • The sponsor is financially responsible for the sponsored spouse for 3 years and for dependent children for 10 years or until they turn 25, whichever comes first.
• Previous Sponsorships:
  • Sponsors must not have been sponsored as a spouse themselves within the last 5 years.
• Travel Restrictions:
  • Sponsored individuals living outside Canada (via Outland Sponsorship) must ensure their travel complies with visa requirements during the application process.

Understanding these factors ensures you’re fully prepared for any specific scenarios that may arise during the sponsorship journey.

8. Common Reasons for Rejection

To increase the chances of a successful spousal sponsorship application, it’s crucial to understand the common pitfalls that lead to rejection. Avoiding these mistakes can save time, effort, and money.

1. Missing Documents or Incomplete Forms

• Issue: Applications with missing documents or improperly completed forms are often returned or rejected.
• Solution: Use the IRCC checklist to ensure all required forms and documents are included. Double-check for:
  • Valid signatures.
  • Accurate and complete information.
  • Submission of translations for non-English/French documents.

2. Inability to Prove the Genuineness of the Relationship

• Issue: IRCC scrutinizes applications to detect marriages or relationships entered into solely for immigration purposes. A lack of convincing evidence can lead to rejection.
• Solution:
  • Provide strong evidence of your relationship, such as:
    • Photos together at various events and locations.
    • Chat logs, emails, or call records.
    • Proof of joint finances or cohabitation.
    • Affidavits from family or friends attesting to the relationship’s authenticity.
  • Ensure your story is consistent and well-documented.

3. Sponsor’s Ineligibility

• Financial Issues:
  • Sponsors must demonstrate financial stability and the ability to support the sponsored person. Bankruptcy or reliance on social assistance (other than disability support) may disqualify a sponsor.
  • Solution: Provide recent tax returns, pay stubs, or bank statements as proof of financial capacity.
• Legal History:
  • Sponsors with criminal convictions, particularly for violent crimes or offenses against family members, are ineligible.
  • Solution: Check your eligibility before applying and address any potential issues proactively.

4. Misrepresentation or Fraudulent Information

• Issue: Providing false or misleading information can lead to rejection and a 5-year ban from sponsoring or applying for immigration.
• Solution:
  • Be truthful and transparent in your application.
  • Double-check all details, such as names, dates, and addresses, for accuracy.
  • Work with an immigration consultant or lawyer if unsure about specific elements of your application.

Avoiding these common mistakes can significantly improve the chances of a smooth and successful sponsorship process.

9. Post-Arrival Steps for Sponsored Spouses

Once a sponsored spouse arrives in Canada and becomes a permanent resident, there are several key steps to take to settle and integrate into Canadian society effectively.

1. Apply for a Social Insurance Number (SIN)

• Purpose: A SIN is required to work in Canada and access government programs and benefits.
• Where to Apply:
  • Visit a local Service Canada office with your permanent residency documents.
  • Application is free and processed on the same day.
• Required Documents:
  • Confirmation of Permanent Residence (COPR).
  • Passport or other government-issued ID.

2. Register for Provincial Health Insurance

• Why: Canada provides publicly funded healthcare, but you must register to receive benefits.
• How to Register:
  • Apply through your province or territory’s health insurance authority.
  • Some provinces may have a waiting period (e.g., Ontario), so private health insurance may be needed temporarily.
• Required Documents:
  • Proof of residency (e.g., lease agreement or utility bill).
  • Permanent Resident Card or COPR.

3. Open a Bank Account

• Purpose: A Canadian bank account is essential for financial transactions, including receiving wages and managing living expenses.
• Tips:
  • Research newcomer banking programs that offer benefits like no-fee accounts.
  • Bring identification and proof of address to set up the account.

4. Attend Settlement Services

• Why: Settlement services help newcomers adapt to life in Canada and provide valuable resources.
• Services Include:
  • Language training (e.g., English or French classes).
  • Employment support, such as resume workshops and job search assistance.
  • Guidance on Canadian laws, culture, and housing.
• Where to Find Services:
  • Search for local organizations through the IRCC website.

5. Explore Employment Opportunities

• Update your resume to align with Canadian standards.
• Begin networking within your field through LinkedIn or professional associations.
• Consider upgrading skills or credentials to improve employability.

6. Connect with the Community

• Join community centers, cultural groups, or religious organizations to build social networks.
• Attend local events and activities to familiarize yourself with your neighborhood and city.

Taking these steps ensures a smoother transition and helps sponsored spouses feel welcomed and supported in their new life in Canada.

10. FAQs About Spousal Sponsorship

To help clarify common concerns about the spousal sponsorship process, here are answers to frequently asked questions:

1. Can I Sponsor My Partner If I Live Outside Canada?

Answer: Yes, Canadian citizens can sponsor their spouse or partner while residing abroad. However, they must:

• Provide evidence of their intention to return to Canada once the sponsorship application is approved.
• Show plans for resettlement, such as proof of employment offers, housing arrangements, or ties to Canada.
  Note: Permanent residents cannot sponsor a spouse while living outside Canada.

2. Can My Spouse Work While the Application is Being Processed?

Answer:

• Inland applicants are eligible to apply for an Open Work Permit (OWP). This allows them to work in Canada while their sponsorship application is under review.
• The OWP must be submitted either with the sponsorship application or after submission.
• Outland applicants cannot work in Canada during processing unless they obtain a separate work permit or visa.

3. What Happens If My Application Is Refused?

Answer:

• You have the right to appeal the decision to the Immigration Appeal Division (IAD) within 30 days of receiving the refusal notice.
• Alternatively, you can submit a new application with improved or additional documentation addressing the reasons for the refusal.
• Common reasons for refusal include insufficient evidence of a genuine relationship, missing documents, or sponsor ineligibility.

4. How Long Does the Sponsorship Process Take?

Answer:

• The average processing time for spousal sponsorship applications is 12 months, though this can vary based on the complexity of the case and the visa office handling it.

5. Can I Include Dependent Children in the Application?

Answer:

• Yes, dependent children of the sponsored spouse can be included in the application.
• Ensure you provide all necessary documents, such as birth certificates and custody agreements (if applicable).

6. Can I Sponsor My Partner More Than Once?

Answer:

• If you have already sponsored a spouse or partner, you cannot sponsor another one for 5 years from the date of their permanent residency approval.

11. Resources for Applicants

To ensure a smooth spousal sponsorship process, make use of these official and helpful resources:

1. Spousal Sponsorship Overview – IRCC

• Provides a detailed overview of Canada’s spousal sponsorship program, including eligibility, requirements, and application procedures.

2. Application Forms and Guides

• Access all the necessary forms and step-by-step guides to ensure your application is complete and accurate.

3. Settlement Services for Newcomers

• Find resources to help sponsored spouses and their families integrate into Canadian society.
• Includes information on language training, employment support, and community connections.

 

Conclusion

At Hejazineia Immigration Corporation, we are committed to making your journey to Canada as smooth and straightforward as possible. Our experienced consultants are here to offer tailored advice and expert support, ensuring you have a clear understanding of your options and the steps involved. Whether you’re exploring visa opportunities, permanent residency, or specific immigration pathways, we’re here to help. Contact our team today and let us guide you toward achieving your dream of living in Canada.