The Complete Guide on Canadian Spousal Sponsorship

The most straightforward pathway to securing permanent residency (PR) for your partner is through Canadian Spousal Sponsorship. This process allows Canadian citizens and residents to sponsor their spouse, common-law partner, or conjugal partner to apply for Canada PR.

In this guide, we will look at the eligibility criteria, application processes, and obligations involved in spousal sponsorship:

Eligibility to Sponsor Your Partner

You must meet the following requirements to sponsor your spouse, common-law, or conjugal partner:

• At least at least 18 years old
• Must be a Canadian citizen or permanent resident, and not relying on social assistance, except in cases of disability
• You must be able to support your partner financially without the need for government assistance

Disqualifying Situations

A Canada Spouse Visa gives a chance to move to Canada. But there are a few disqualifying situations that would prevent you from sponsoring a partner. These include the following:

• Sponsored by a partner and gained permanent resident status less than five years ago
• You are in a three-year financial undertaking to support a previous partner
• Applied to sponsor your partner and are still awaiting a decision on that application
• Have declared bankruptcy and have not yet been discharged
• Have defaulted on an immigration loan, performance bond, or court-ordered family support payments
• Failed to meet your financial obligations outlined in a previous sponsorship agreement
• Convicted or have threatened or attempted to commit a violent crime or sexual offense

Note: These sponsorship requirements do not apply if you are a resident of Quebec.

Who Are You Allowed to Sponsor?

Under the spousal sponsorship program, you can sponsor:

• Spouses: Legally married to you, and the marriage must be recognized in both the country where it took place and in Canada.
• Common-law partners: Living together continuously for at least one year in a conjugal relationship without significant separation periods.
• Conjugal partners: Individuals who have been in a conjugal relationship with you for at least one year but are unable to marry or live with you due to legal, religious, or immigration barriers.

Each relationship type requires specific proof to validate its legitimacy. This could include documentation like a marriage certificate, evidence of cohabitation, photos, and communication records.

Inland and Outland Sponsorship

There are two main categories of spousal sponsorship: inland sponsorship and outland sponsorship. The choice between the two largely depends on whether your partner is currently in Canada or abroad.

• Inland Sponsorship: This option is available if both the sponsor and the partner are residing in Canada. The key benefit of this route is that the sponsored partner may apply for an Open Work Permit (OWP) while their permanent residency application is processed. However, both the sponsor and the partner must stay in Canada during this time, and if the application is denied, there is no right to appeal.

• Outland Sponsorship: This option applies when the partner is living outside Canada, though it can also be used if the sponsor is living abroad. The advantage of this route is that both the sponsor and partner can travel in and out of Canada during the application process. Additionally, if the application is refused, the sponsor has the right to appeal.

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Financial Undertaking and Obligations

As part of the sponsorship, you sign a legally binding undertaking agreement to financially support your partner for a specified period. This obligation ensures that your partner will not need financial assistance from the Canadian government. The length of this commitment varies:

• For spouses or common-law partners, the commitment lasts three years
• For dependent children under 22, it is either 10 years or until they turn 25, whichever comes first

If the sponsored individual needs government financial assistance during this period, you will be required to repay the amount, and you cannot sponsor another individual until the debt is cleared.

Spousal Sponsorship Interview

In some cases, the Canadian immigration authorities may request an interview to ensure that the relationship is genuine. Not all sponsorship applications require an interview, but when one is necessary, both the sponsor and the partner are interviewed separately.

During the interview, you may be asked about how you met, details of your relationship, and shared memories. It is essential to bring relevant documents such as marriage certificates, communication records, and photos to support the authenticity of your relationship.

Spousal Application Fees

The cost of applying for spousal sponsorship depends on several factors, including whether you are sponsoring a spouse, common-law partner, or conjugal partner, and whether there are dependent children involved. The general fees for the application include:

Processing Time of Canadian Spousal Visa

The processing time for inland sponsorship is typically around 28 months, while outland sponsorship can take about 10 months. These times may vary depending on the complexity of the application and the specific circumstances of the sponsored individuals.

Conclusion

Sponsoring your spouse, common-law, or conjugal partner to immigrate to Canada can be a fulfilling way to build a future together in Canada. However, the process requires careful attention to eligibility requirements, the financial undertaking commitment, and understanding the differences between inland and outland sponsorship routes.

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Source: canada.ca

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