Spousal Sponsorship in Canada allows Canadian citizens and permanent residents who are in a relationship with a foreign national to sponsor that person to join them and become a permanent resident of Canada. This sponsorship can include spouses, common-law partners, or conjugal partners, and it offers two main options: Outland and Inland sponsorship.
Sponsor’s Eligibility:
To be eligible the sponsor must:
- Be a Canadian citizen or Permanent Resident.
- Be at least 18 years of age.
- Reside in Canada if you are a Permanent Resident.
- Sign a 3-year undertaking to be financially responsible for the spouse or partner once they arrive in Canada.
- Meet certain financial requirements, including not being in receipt of social assistance other than for a disability.
- Not have been convicted of certain crimes or currently be detained.
- Not be subject to a removal order.
- Not have already applied to sponsor your current spouse, partner or child and a decision on your application has not been made yet.
- Not have been sponsored yourself as a spouse or partner within the last 5 years.
- If you have previously sponsored a spouse or partner, you must wait three years since this person became a permanent resident to sponsor another person
Requirements for Foreign Spouse or Partner:
- Be in a genuine relationship.
- Be at least 18 years of age.
Requirements to Sponsor in Canada:
Sponsoring a spouse in Canada involves committing to provide:
- Financial support, including housing, food, clothing, and medical expenses not covered by public health insurance.
- This obligation lasts for 3 years from the day your partner becomes a permanent resident.
- Once approved, this undertaking cannot be canceled, even if your circumstances change.
Relationships that can be Sponsored:
To sponsor your spouse or partner to Canada, you must prove that you are in genuine relationship that falls into one of three categories:
- Spouse: legally married couple
- Common-law partner: Live or have lived together for at least 12 consecutive months in marriage like relationship.
- Conjugal partner: Be in a continuous and committed relationship for at least 12 months but had significant obstacles to residing together (for instance religious, cultural or immigration barriers).
Outland and Inland applications in Canada:
Couples can choose between two options when submitting their application.
- Outland sponsorship is typically for situations where the sponsored person lives abroad, and the Canadian sponsor resides in Canada.
- Inland sponsorship is for couples living together in Canada, and the foreign spouse or partner must have temporary status in Canada.
FAQs
Can I sponsor if I am legally married to someone else?
No, it's not possible. Sponsors must be legally eligible, including being free to enter into a new relationship.
Can I sponsor a common-law partner not residing with me?
Yes, with evidence of a committed relationship. Continuous cohabitation for one year is typically required.
Should sponsors live in Canada and provide support?
Yes, sponsors must live in Canada or show intent to. They commit to financially supporting the spouse for three years.
Who needs to undergo police clearance and medical exams?
Only the applicant and dependent children (if any).
Is having a job a requirement for sponsorship?
While not mandatory, sponsors must demonstrate financial capacity to support their spouse. Jobless sponsors can use savings or assets.
Is there a specific income requirement for sponsorship?
No, but sponsors commit to financial support for three years. Proof of capability, rather than a minimum income, is crucial.
Can I leave Canada during spousal sponsorship processing?
Sponsors are expected to stay, but the sponsored person can leave with risks. Work permit implications and entry restrictions may apply.
How can I prove the genuineness of a common-law relationship?
Submit relationship questionnaires, marriage certificates, shared expenses proof, photos, and other relevant evidence.
Can a spouse or partner include dependent children in the application?
Yes, dependent children are part of the family unit and can be included in the permanent residence application.
Can I reapply if my sponsorship application is refused?
Yes, with a clear understanding of rejection reasons. Provide additional information or evidence addressing previous concerns.
Can I withdraw my sponsorship application?
Yes, before the sponsored person becomes a permanent resident. Proper notification is essential.
Can I sponsor a new spouse after divorce from a sponsored spouse?
Yes, after the three-year commitment period ends. A five-year restriction applies to individuals sponsored as spouses.
Can my spouse stay in Canada during the processing period?
Yes, legal status must be maintained. Temporary residents can apply for a Visitor Record for extended stays.
Does my spouse need to prove language skills?
Generally, no. Language test results are not required. However, for future citizenship, language requirements may apply.
Is a medical condition a concern for sponsorship?
Yes, medical examinations are mandatory. Serious conditions are assessed individually; medical inadmissibility does not guarantee refusal.
Is spousal sponsorship different in Quebec?
Yes, with additional criteria and a separate undertaking application for Quebec applicants.
Can I appeal a spousal sponsorship refusal?
Yes, within 30 days of the refusal, an appeal can be filed with the Immigration Appeal Division.
Can I cancel my spousal sponsorship?
Yes, as long as permanent residency is not granted yet. Withdrawal before processing starts may allow fee refund.
Can my spouse visit me while waiting for sponsorship?
Yes, they can visit, but obtaining a temporary visa may be challenging during the processing period.
Can my spouse work in Canada during processing?
Yes, under the Open Work Permit program for spouses awaiting permanent residence.
Can I sponsor a spouse with a criminal record?
It depends on the offense. Some convictions may result in inadmissibility.
Which application type is better: Outland or Inland?
Both have advantages. Outland is suitable for spouses outside Canada; Inland allows an open work permit during processing.
How can I prove 12 months of cohabitation for common-law partnerships?
Evidence includes shared property, leases, utility bills, joint insurance, photos, joint bank accounts and other documents.
Can I switch from Inland to Outland application?
Yes, by withdrawing the current application and reapplying under the desired category.
Does marrying a Canadian automatically grant permanent residence?
No, formal immigration processes, eligibility requirements, and application steps must be followed.vincing case.
If I separate after being sponsored, do I have to leave Canada?
No, permanent residency is not revoked due to relationship end, but it may be subject to investigation.
Does Canada recognize marriages not performed in person?
No, marriages conducted by proxy, phone, or internet where both were not physically present are not recognized.
Can same-sex spouses or partners be sponsored in Canada?
Yes, Canada recognizes same-sex marriages and relationships, allowing them to apply under the same categories, with eligibility criteria requirements.
How long do sponsorship applications usually take?
Approximately 12 months.
Why could my application be refused?
Possible reasons include inadequate proof of a genuine relationship, errors in forms, misrepresentation, failure to meet requirements, and inadmissibility due to convictions.
Is marriage a prerequisite for a spousal application?
Yes, a legal marriage certificate is required; a record of solemnization or marriage license is insufficient.
What if I lack some required documents?
Provide alternative documents if possible; if not, explain the absence in detail.
Are police clearance and medical exams necessary at the time of application?
Police clearance usually may be required at the time of application. However medical exam is requested post-application.
Will we be required to attend an interview?
- It's unlikely, but immigration officers may request an interview under certain circumstances:
- If there's insufficient documentation to support the authenticity of your relationship.
- If there are contradictions in the information provided.
- If you've spent too little time living together. Ideally, demonstrating the genuineness of your relationship in your application would make an interview unnecessary. However, as experienced immigration lawyers, we can help you prepare for any potential interview and ensure you present a convincing case.
Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”
