Spouse or Common-Law Partner
Sponsorship of Spouse or Common-Law Partner
The sponsorship of a spouse or common-law partner provides a pathway for Canadian citizens and permanent residents to sponsor their partner for permanent residency in Canada. This program is a significant aspect of Canada’s immigration system, designed to assist spouses or common-law partners in obtaining permanent resident status.
Applications for spousal sponsorship are given priority, with Immigration, Refugees, and Citizenship Canada (IRCC) aiming to complete the decision-making process within 12 months. Seeking professional assistance from experienced immigration consultants can expedite the application process, facilitating the reunion of your loved ones in Canada.
Spousal Sponsorship Categories
Canada’s spousal sponsorship program covers the following categories:
- Spouse: This includes husbands, wives, or partners, provided the marriage is legally recognized.
- Common-Law Partner: If individuals are in a live-in relationship with their partner.
- Conjugal Partner: Individuals in a committed relationship equivalent to marriage for at least one year, despite not living together due to valid reasons such as visa issues, job relocation, or foreign studies.
Partners in same-sex marriages are eligible to apply under these categories, as Canada recognizes such marriages. Meeting specific requirements is essential to sponsor a spouse:
- Age above eighteen.
- Canadian citizen or permanent resident residing in Canada or planning to return.
- No social assistance, unless for disability reasons.
- Capability to provide for your spouse's and dependent children's basic needs.
Responsibilities of the Sponsor
As a sponsor, you’ll need to submit an undertaking along with the application to assure seamless financial support for your spouse and dependent children. This includes essential needs such as food, housing, clothing, personal care, and healthcare expenses not covered by Public Health Insurance. This undertaking takes effect once your spouse or common-law partner becomes a permanent resident, with obligations lasting throughout the undertaking’s duration (typically three years). The approval authority for spousal sponsorship applications is Immigration, Refugees, and Citizenship Canada (IRCC), and once submitted, the undertaking cannot be withdrawn or canceled during the undertaking’s effective period.
Applicants receiving disability benefits or Employment Insurance Benefits can still sponsor a spouse, provided they have sufficient income to support their spouse financially and no ongoing bankruptcy proceedings.
Outland and Inland Sponsorship
Throughout the spousal sponsorship application process, you’ll encounter the terms “Outland Sponsorship” and “Inland Sponsorship”:
- Inland Sponsorship: Applies when the sponsor and spouse are together in Canada, and the sponsored individual holds temporary resident status as a visitor, student, or worker. Processing of the application for inland sponsorship occurs within Canada.
- Outland Sponsorship: The application's processing occurs in the country where the sponsored spouse or partner legally resides. Even if the spouse is in Canada, the sponsor may use the same application for outland sponsorship. This category permits the applicant to appeal a refusal, whereas inland sponsorship applications do not offer an appeal option against refusal.
Applying for Spousal Sponsorship
Ensuring that both you and your loved one meet the eligibility criteria is crucial before embarking on the sponsorship application. Consulting a reputable immigration expert can assist you in submitting a comprehensive application and ensuring a swift processing of the spousal sponsorship request. The application process involves the following standard steps:
- Download the application package from a relevant government website, which contains instructions and guidelines to prevent errors.
- Pay the necessary fees through the online portal.
- Follow the provided instructions for application submission.
- Submit the required supporting documents.
Proof of Relationship
Documents that validate your relationship with your spouse or common-law partner include:
- Providing relationship information through an evaluation questionnaire.
- Adoption records, marriage certificates, and birth certificates.
- Photos demonstrating your relationship.
- Documents such as insurance policies or employment benefits listing both partners.
- References from social media, email communications, or letters showcasing your relationship.
- Bills or other evidence indicating shared expenses.
Application refusals may occur due to reasons such as inadequate documents for relationship validation, errors in application forms, misrepresentation, or failure to meet eligibility criteria. Seeking the guidance of an experienced spousal sponsorship consultant can help you avoid setbacks.
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