Spousal Sponsorship
Canadian Spousal sponsorship means that a Canadian Citizen or Permanent Resident can sponsor their spouse so that they can come and live permanently in Canada.
How long will the spousal sponsorship application to Canada take?
Spousal sponsorship applications take about 12 months to process from beginning to end. If the visa office requires additional information or wants to do further investigation, then it can take longer. Hence it is very important to complete all the processes and apply properly the first time.
What requirements are there for sponsoring your spouse in Canada?
A person needs to meet the following conditions to sponsor their spouse or common law partner to Canada:
- Be a Canadian Citizen or Permanent Resident.
- Be at least 18 years old.
- Currently staying in Canada or planning to return to Canada once the spouse becomes a Permanent Resident.
- Be able to provide for the basic financial needs of the spouse for three years.
- If a person was sponsored by a spouse to Canada, then that person cannot sponsor another person as a spouse until 5 years have passed since that person became Permanent Resident.
- The spouse who is being sponsored should be at least 18 years old.
Who is considered as a spouse for spousal sponsorship in Canada?
A spouse is a partner with whom you have legally married. It can be both same sex and opposite sex relationships.
Who is considered as a common law partner for common law sponsorship in Canada?
A common law partner is a partner with whom you have not legally married but you have been living together consecutively for 12 months and:
- You have been living together continuously for 12 months and there are no long periods apart.
- The only reason why either of you left home was for travel for work, business or family obligations.
- The amount of time spent away from each other should have been short and temporary.
Who is considered as a conjugal partner for spousal sponsorship in Canada?
A conjugal partner is a partner who is outside Canada and was in a binding relationship with the sponsoring person, but could not live together for some reason. A conjugal partner cannot be a person who is living within Canada
How much money would a person require to sponsor a spouse to Canada?
A person does not need to demonstrate a minimum income to sponsor a spouse to Canada. But the person needs to sign an undertaking that they would be financially responsible for the basic financial needs of the spouse for 3 years from the day the person becomes a Canadian Permanent Resident.
What is Outland Spousal Sponsorship?
A person can apply under Outland Spousal Sponsorship if the spouse being sponsored is:
- Currently living outside of Canada.
- Currently living inside Canada but does not plan to stay in Canada during the processing of the application.
The applications for Outland Spousal Sponsorship are to be sent to IRCC Case Processing Centre in Sydney, Nova Scotia.
What is Inland Spousal Sponsorship?
A person can apply under Inland Spousal Sponsorship if the spouse being sponsored is:
- Currently living inside Canada with their spouse.
- Having a valid immigration status in Canada.
- Looking to apply for an open work permit so that they can work in Canada while their application is being processed.
The applications for Inland Spousal Sponsorship are to be sent to IRCC Case Processing Centre in Mississauga, Ontario.
What are the reasons a spousal sponsorship may get refused?
The most important factor in a spousal sponsorship is proving the genuineness of the marriage. There are several factors which would be considered by an immigration officer while assessing your case. They will consider the following evidence like the marriage photos with family members present in it, the cultural background and traditions of the couple getting married, the religious practices of the couple, and other evidence. If the immigration officer feels that the marriage is unconventional then they may ask for further evidence. Hence it is advisable to send a letter of explanation with your application explaining the circumstances of the marriage.
Marriage ceremonies conducted over the phone or internet are not considered valid in Canada.
Will marrying a Canadian Citizen or Permanent Resident get me Canadian Permanent Residence?
No, simply marrying a Canadian Citizen or Permanent Resident will not give a person the status of a Canadian Permanent Resident. The person needs to apply for a spousal sponsorship and when the application gets approved, then the person becomes a Canadian Permanent Resident.
Will the spouse be able to come to Canada while their application is being processed?
It is possible to come to Canada while the spousal sponsorship application is processing. An application for a Temporary Resident Visa can be submitted and documents need to be submitted so that the visa officer is convinced that the applicant will only be staying here temporarily.
Will an interview be conducted for a Spousal Sponsorship application?
An interview may be conducted for a spousal sponsorship application if the immigration officer decides it is needed. If the officer is not satisfied by the evidence provided or if additional evidence is required then the officer may call the applicant for an interview.
Can a spousal sponsorship application be withdrawn?
A spousal sponsorship application can be withdrawn anytime as long as the spouse has not been granted Permanent Residence.
As each application is as unique as the relationship itself, we at SAM Law can assist you in preparing the strongest application possible. If you would like to know more about your options for spousal sponsorship, please contact us at SAM Law and we can help you.