Canadian spousal sponsorship is a way for a Canadian citizen or permanent resident to bring their partner to Canada to live there permanently. We know how important it is for families to be together in Canada. Because of this, applications for sponsorship by a spouse are given the highest priority.
You must be a citizen, a permanent resident, or a registered Indian under the Canadian Indian Act to sponsor a spouse, common-law partner, or conjugal partner to come to Canada. To demonstrate your capacity to serve as a sponsor, you must be 18 years of age or older and satisfy any other conditions, such as having a stable financial situation.
If you do meet these criteria, you might be allowed to sponsor a spouse, common-law partner, or conjugal partner who also needs to be eligible. The application for sponsorship by a Canadian citizen or permanent resident is the initial action in the sponsorship procedure. The spouse, common-law partner, or cohabiting partner will thereafter submit an application for permanent residency.
Requirements for a Spouse or Partner Being Sponsored
The applicant’s spouse or partner must be at least 18 years old, and both the sponsor and the beneficiary must establish the validity of their marriage. Spousal sponsorship instances have come before immigration officials where the applicant is only looking for permanent residence and not to be with their spouse. The person might be turned down in such circumstances. It is crucial to only enter under this category if the goal is legitimate. A common-law spouse submitting an application under this category must reside in Canada for at least a year with their sponsor. A spouse may not always be like this. When a sponsor and applicant are married but are separated by distance and wish to live together in Canada, the sponsor will sponsor the applicant. This does not apply for conjugal partners.
In Canada, same-sex spouses or partners must follow the same sponsorship rules as opposite-sex spouses or partners. You need a valid marriage certificate from the province or territory where you were married if you were married within Canada. If you wed outside of Canada, you will also need to present a marriage certificate to demonstrate that your union was recognized as valid there as well as in Canada.
One must have lived with another person in a conjugal relationship for at least a year in order to be called a common-law partner. This holds true for both same-sex and romantic partnerships. You will normally be required to present evidence of this relationship in a sponsorship case, and this evidence can take the shape of financial documents, real estate, utility bills, joint accounts, or other documents.
An individual living outside of Canada who has a binding relationship with a Canadian sponsor for at least a year but is unable to reside with them is referred to as a conjugal partner. This also holds true for same-sex and romantic partnerships between opposing sexes. You must demonstrate that you could not cohabitate due to extenuating circumstances in order to sponsor a conjugal partner.
Inland Spousal Sponsorship
The foreign spouse or partner must have temporary resident status in Canada, which can be as a worker, student, or guest, in order to be eligible for the Inland sponsorship category. An open work permit, which guarantees that individuals can work for a Canadian employer while the application is being reviewed, may be available to applicants. This might assist avoid any problems that might occur if a current visa expires before the sponsoring procedure is finished.
Outland Spousal Sponsorship
When the foreign partner resides outside of Canada, the sponsorship falls under the Outland category. The sponsored person’s application will be handled by the visa office in their country of origin or place of permanent residence, even though they may still be permitted to enter and exit Canada while it is being processed.
Reasons You May Not Be Able to Sponsor
- are sponsoring a spouse or partner, but you previously signed an undertaking for that person,
- they haven’t been a permanent resident for three years,
- they haven’t sponsored anybody else, and they haven’t reimbursed you for any social assistance they received while the undertaking was in effect.
- owe money on an immigration loan or performance bond but have fallen behind on alimony or child support payments
- having filed for bankruptcy but not yet been released
- were convicted of
- an offence of a sexual nature,
- a violent crime,
- an offence against a relative that caused bodily harm or
- threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
- are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,
- are under a removal order,
- are in a penitentiary, jail, reformatory or prison,
- have already applied to sponsor your current spouse or partner and haven’t received a decision.