Spousal Sponsorship

Spousal Sponsorship: Sponsor Your Spouse or Common-Law Partner for Canadian Immigration

Spousal sponsorship is one of the most popular pathways for family reunification in Canada. If you are a Canadian citizen or Permanent Resident, you can sponsor your spouse, common-law partner, or conjugal partner to come and live with you in Canada. This process allows you to build your life together without the constant worry of separation due to immigration restrictions.

There are two primary pathways: Inland sponsorship, intended for individuals already residing in Canada, and Outland sponsorship, designed for those living outside Canada.

In this article, you’ll learn about the eligibility criteria for sponsorship, the types of relationships recognized by the Canadian government, and key steps in the application process. Whether you’re just starting to consider this option or are ready to begin the paperwork, this guide will provide you with the essential information you need.

Are You Eligible to Sponsor?

Before you start the sponsorship process, it’s crucial to ensure that both you and your partner meet the necessary eligibility requirements. Here’s what you need to know:

1. You must be at least 18 years old.
2. You must be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident living in Canada.
3. You must demonstrate financial stability, ability, and commitment to support your partner’s basic needs for 3 years. You can’t receive social assistance for reasons other than a disability.
4. You were sponsored by a spouse or a partner, and you became a PR less than 5 years ago.
5. You must not have been convicted of certain crimes, be in prison, be an undischarged bankrupt, or have previously failed to meet sponsorship obligations. In addition, you need to demonstrate a genuine or bona fide relationship with your foreign spouse.

Meet other requirements under the IRPA. Both the sponsor and the individual being sponsored must not possess any inadmissibility concerns, including serious criminal histories. Fulfilling these criteria is essential for a successful application, enabling the sponsored individual to reside permanently in Canada.

Is Your Spouse Eligible to Be Sponsored?

1. Your spouse or partner must be at least 18 years old.
2. They must not be inadmissible to Canada for health, security, or criminal reasons.
3. You must be able to prove the genuineness of your relationship through various documents and evidence.
4. They must intend to live in Canada.

Types of Relationships You Can Sponsor

Canada recognizes three types of relationships for spousal sponsorship: spouses, common-law partners, and conjugal partners. Each type has specific requirements and definitions.

1. Spouse: If you’re legally married to your partner, you can sponsor them as your spouse. The marriage must be recognized both in the country where it took place and under Canadian law. You must provide a valid marriage certificate in addition to other documents demonstrating a genuine relationship. Marriages by proxy, telephone, fax, or Internet are generally not recognized unless both were physically present. In addition, you must prove the genuineness of marriage with evidence like photos, joint financial accounts, property documents, and correspondence.
2. Common-law Partners: If you have lived with your partner in a conjugal relationship for at least 12 consecutive months, you can sponsor them as a common-law partner. This means you’ve combined your affairs and lived together in a marriage-like relationship. You must have lived together continuously for at least one year. In addition, you must provide proof of cohabitation through shared lease agreements, utility bills, and joint bank accounts. Temporary separations for business or family visits are acceptable if they are short and temporary.
3. Conjugal Partners: Conjugal partnerships apply to couples in a genuine relationship who cannot live together continuously due to barriers such as immigration issues or religious reasons. You must have maintained the relationship for at least one year. In addition, you have to provide evidence of commitment, like long-distance communication, visits, and shared financial support. You must demonstrate barriers preventing cohabitation or marriage convincingly and include proof of an ongoing relationship despite not living together.

Steps to Sponsor Your Spouse for Canadian Immigration

Sponsoring your spouse or partner for Canadian immigration involves multiple crucial steps to ensure a smooth process:

1. Gather Necessary Forms and Documents: Start by downloading the required application forms from the Immigration, Refugees, and Citizenship Canada (IRCC) website. These typically include the Sponsorship Agreement, the Application to Sponsor, and the Generic Application Form for Canada. Alongside forms, gather essential supporting documents such as proof of relationship, identity documents, and financial information. This process can be confusing and time-consuming. You can save your time by hiring skilled immigration professionals as any error in the name, letter, number, or date can lead to refusal and/or additional delays. 

2. Complete the Application Package: Carefully fill out all forms, ensuring accuracy and completeness. Any errors or missing information could delay your application. Double-check that all sections are filled and signed where necessary, and include all required documents. Should you retain our firm to assist you with this application, we would fill in all government forms diligently, double-check, and triple-check every document so there is no error. We have experienced and skilled staff who will make sure that one missing field will not cause delays or rejection of your file.

3. Pay the Fees: Be prepared to pay the necessary fees associated with sponsorship. These include a sponsorship fee, a processing fee, and a right of permanent residence fee. Payment can usually be made online, and it’s crucial to include proof of payment with your application to avoid delays.

4. Submit Your Application: Once your application package is complete, mail it to the designated IRCC office. Keep copies of all documents and forms submitted for your records.

5. Wait for Processing: Processing times vary, but you can monitor the status of your application online. During this period, IRCC may request additional documents or schedule an interview to verify information.

6. Avoid Common Mistakes: Ensure all forms are filled out accurately and completely. Missing documents or incorrect information can lead to delays or rejection of your application. Any error can delay your application for many months. 

Work permits

If your spouse is presently employed or pursuing studies in Canada, or if you have submitted an application to be sponsored for permanent residency by your spouse or partner in Canada, you might qualify for an open work permit. You are required to possess an acknowledgement of receipt (AOR) letter that verifies your permanent residency application is under review. The AOR must pertain specifically to your application for permanent residency. It is the PR number that your sponsor receives from IRCC, which indicates that your file is complete and has been accepted for processing. At the time of application, you must be residing in Canada with your sponsor.

Sponsor’s responsibilities and obligations:

Financial Responsibilities: you must demonstrate that you can support your spouse or partner financially for three years after they become a permanent resident. This includes providing for their basic needs like food, shelter, and clothing. 

Duration of the Undertaking: your financial commitment lasts for three years from the day your spouse or partner becomes a permanent resident, even if your relationship ends during this period.

Legal Implications: Failing to meet sponsorship obligations can have serious consequences. These may include being required to repay any social assistance received by your spouse or partner during the sponsorship period and being barred from sponsoring others in the future.

Costs associated with sponsoring your spouse or partner?

Sponsoring your spouse or partner for Canadian immigration involves fees totaling nearly CAD 1300. These typically include a sponsorship fee, a processing fee, and a right of permanent residence fee.

– Sponsorship fee: CAD 85.

– Right of permanent residence fee: CAD 575 per person upon approval.

– Principal applicant processing fee: CAD 545

– Biometric Fee: CAD 85

These fees can vary and it’s important to check the latest updates from Immigration, Refugees and Citizenship Canada (IRCC) for accurate information before submitting your application. Our professional fees are on top of that. Please contact us today to find out more. 

Spousal Sponsorship for LGBTQ+

Couples Canada is renowned for its progressive approach to LGBTQ+ rights, which includes equitable treatment in spousal sponsorship. Nevertheless, LGBTQ+ couples may encounter distinct challenges: Proving the Relationship: In nations where same-sex relationships lack legal recognition or social acceptance, it can be challenging to gather evidence of the relationship. Submitting affidavits from friends and family, photographs, and communication records can assist in validating the relationship. Cultural and Legal Barriers: LGBTQ+ couples might experience discrimination or face difficulties in obtaining documents such as marriage certificates in their country of origin. Canada permits alternative proofs in such situations, including evidence of a common-law partnership. Support Networks: LGBTQ+ newcomers can find assistance through organizations like Rainbow Refugee and other groups committed to aiding LGBTQ+ immigrants. Challenges with Disclosure: Some applicants may hesitate to disclose their sexual orientation in the application due to societal stigma. Collaborating with a trusted advisor is crucial to ensure that the application process remains safe and comprehensive.

After Sponsorship Approval: once your sponsorship application is approved, your spouse or partner will enjoy multiple benefits (other than living together!)

Rights and Responsibilities: Your spouse will obtain the right to live, work, and study in Canada permanently. They must also respect Canadian laws and fulfill any conditions of their permanent resident status.

Pathway to Citizenship: your spouse or partner may be eligible to apply for Canadian citizenship, provided they meet the residency and other requirements.

Access to Services and Benefits: Permanent residents will have access to various Canadian services and benefits, including healthcare, education, and social services, helping them integrate into Canadian society.

Final Words: 

Sponsoring your spouse or partner for Canadian immigration is a big decision, but it can lead to an amazing life together in Canada. By getting to know the application process, meeting your obligations as a sponsor, and helping your loved one settle in, you can make this journey a success. Together, you can build a new chapter of your life in Canada. Contact us today for the FREE ASSESSMENT AND 15-MINUTE FREE CONSULTATIONS!