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:
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?
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.
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:
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!
It is possible and you can certainly give it a try. When applying from a non-visa-exempt country, you will need to provide additional evidence that you will leave Canada at the end of your temporary residency. In other words, you will need to satisfy all requirements of the visitor visa applications.
IRCC acknowledges that this type of application is very important for Canadians and therefore, it is prioritized. Applications from inside Canada can enjoy a pre-Covid processing time of approximately 12 months. Outside Canada applications will have to wait longer- approximately 12-16 months. You can find current processing times here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html
Fees are $1,080 and there is an $85 Biometrics fee. You can find fees involved in the process displayed here: https://www.cic.gc.ca/english/information/fees/fees.asp#permanent. At any time, you can contact our office for an accurate quote.
In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship [R1(1)]. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. You would need to prove this relationship by submitting numerous evidences and explain why you didn’t get married till now.
Refund eligibility depends on the stage of application processing:
A temporary resident of Canada cannot become a sponsor. A spouse or common-law partner may apply for an open work permit if he is a full-time student at:
No you don’t. You would just need to submit NOA for the most recent year, Employment confirmation letters and prove you are not in the Bankruptcy stage.
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.
Same-sex marriage and immigration in Canada have evolved significantly over the years, reflecting the country’s progressive stance on LGBTQ+ rights. Since the Canadian government legalized same-sex marriage in 2005, it has been recognized as a legal union with the same rights and responsibilities as heterosexual marriages. This landmark decision not only affirmed the rights of same-sex couples within Canada but also had implications for immigration policies. Under Canadian immigration law, foreign partners of Canadian citizens or permanent residents have the opportunity to apply for spousal sponsorship, allowing them to reside in Canada with their spouse. This has facilitated the reunification of families and has been instrumental in providing a safe haven for LGBTQ+ individuals from countries where their rights are not recognized. Same-sex marriages – Premier Immigration Services
In case of Inlande sposnorship you can apply for the work permit. You must posses an acknowledgement of receipt (AOR) letter confirming that your permanent residence application is being processed.
You will submit your online application via Permanent Residency Portal. You will then have to link your application via IRCC GC Key account (confusing, correct?). You can use Sign-In Partner to create a GCKey account.
Once logged in, you can choose the option to “Link an existing application to this account.”
Follow the prompts and enter your application number or UCI to link your spousal sponsorship application.
After linking, you can check the status of your application, including any notifications rom IRCC, application updates, and the future final decision.
Premier Visa and Immigration Services is providing immigration consulting services on various categories of immigration including permanent residence visas and temporary residence visas. We specialize in temporary foreign worker program and business immigration.
Our consultants are registered members of the College of Immigration and Citizenship Consultants.
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