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Spouse or Common Law Partner Sponsorship

SIIS Canada  /  Canada Immigration  /  Family Sponsorship  /  Spouse or Common Law Partner Sponsorship

Spouse or Common Law Partner Sponsorship

Who you can sponsor?

Applying under the Spousal Sponsorship Canada, you become eligible to sponsor your spouse, or a common-law partner, or a conjugal partner who is more than or equal to 18 years of age, or your dependent child, (If you want to sponsor an adopted child, you can use the sponsorship package specially designed for adopted children).

You can apply for Spousal Sponsorship Canada if:

  • You and your spouse or Common-Law partner stay together in Canada
  • Your spouse or Common-Law partner holds a valid Canadian immigration status
  • Your spouse or Common-Law partner would like to apply and qualify for an Open Work Permit which will allow them to work while their application is under process.

Applying for your spouse or common-law partner or conjugal partner Sponsorship

If you’re married

You are allowed to sponsor your spouse only if your marriage is considered legally valid in the eyes of the Law of your home country as well as the migrating country.

Opposite-gender, as well as same-gender marriages, will only be considered genuine for immigration purposes only in the following scenarios where

  • The marriage was performed legally in Canada, or
  • Though the marriage is performed outside of Canada, the marriage needs to be recognized legally in the home country as well as in Canada.

You are only allowed to sponsor your common-law partner (same or the opposite gender) as long as you both have lived or have been living together for a minimum of 1-year duration in a marriage-like relationship.

If you’re in a conjugal relationship

A Conjugal partner is
  • A partner living outside Canada,
  • A person having a conjugal relationship with the sponsor for a minimum period of 1-year, and
  • The one who couldn’t live as a couple with the sponsor because of some religious reasons, the immigration barrier, or sexual orientation).

This applies to both gender couples.

You are allowed to Sponsor a Conjugal partner only if
  • You and your partner share a significant degree of attachment, not only a physical relationship but also you both are mutually interdependent on each other, and
  • You both share a genuine relationship from the past 1-Year where the marriage or any sort of cohabitation wasn’t possible due to barriers such as religious faith, sexual orientation, etc.

IMPORTANT: If you’re willing to apply under the conjugal partner class, the sponsored person must not be living in Canada.

Sponsoring your Spouse or Common-law partner staying in Canada

You are also allowed to apply under the Spouse Immigration Canada if your Common-Law Partner or Spouse stays with you in Canada and holds a temporary residential status.

If your Common-Law Partner or Spouse is held inadmissible for any of the reasons apart from not having a legal Canadian immigration status, he/she can’t become a Canadian Permanent Resident. Your Common-Law partner or Spouse should resolve the situation which made them inadmissible before applying for the sponsorship.

Important: If your Common-Law partner or Spouse is already studying or working in Canada and they wish to continue, they are required to apply for the visa extension before it expires.

If you leave Canada, your temporary resident status as a student, or visitor or worker will get cancelled automatically.

If your Common-Law Partner or Spouse leaves Canada before getting permanent residential status, won’t be allowed to return to Canada.

If your partner or spouse isn’t able to return to Canada, an application for new overseas sponsorship must be submitted by you.

Understanding Spousal Sponsorship in Canada

Spousal sponsorship allows Canadian citizens and permanent residents to sponsor their spouses or common-law partners for permanent residence in Canada. This program reflects Canada’s commitment to family reunification.

Eligibility Criteria

For Sponsors:

Status: Must be a Canadian citizen or permanent resident.

Age: At least 18 years old.

Residence: Must reside or intend to reside in Canada once the sponsored person becomes a permanent resident.

Financial Obligations: Agree to support the sponsored person financially for three years.

Previous Undertakings: Must not have defaulted on prior sponsorship agreements.

Criminal Record: No serious criminal convictions.

For Sponsored Persons:

Relationship Proof: Must demonstrate a genuine relationship.

Admissibility: Must pass medical, security, and background checks.

Types of Applications
Inland Sponsorship:
  • For couples living together in Canada.
  • May be eligible for an Open Work Permit.
  • Processing time: Approximately 12 months.

Outland Sponsorship:

  • For couples where the sponsored person lives outside Canada.
  • Flexibility to travel in and out of Canada during the application process.
  • Processing time: Varies by visa office, generally around 12 months.

Engaging a Regulated Canadian Immigration Consultant (RCIC) can enhance your application’s strength. Here’s a breakdown of essential documentation:

Relationship Proof:
  • Marriage Certificate: Official document verifying the marriage.
  • Photographs: Evidence of the relationship through personal photos.
  • Communication Logs: Emails, chat histories, and phone records.
  • Joint Agreements: Lease agreements, bank statements, utility bills.
  • Affidavits: Statements from friends and family affirming the relationship.

Forms and Applications:

  • IMM 1344: Application to Sponsor and Undertaking.
  • IMM 5532: Relationship Information and Sponsorship Evaluation.
  • IMM 0008: Generic Application Form for Canada.
  • IMM 5669: Schedule A – Background/Declaration.

Financial Proofs:

  • Employment Letters: Confirmation of employment and salary.
  • Notice of Assessment: From the Canada Revenue Agency (CRA).
  • Bank Statements: Evidence of financial stability.

Additional Documents:

  • Police Certificates: Required from countries where the sponsored person has lived.
  • Medical Examination Results: As per IRCC’s instructions.
  • Passport Copies: Valid travel documents.
The Application Process

Gather Documents: Ensure all forms are filled out correctly.

Pay Fees:

Sponsorship Fee: CAD $75

Principal Applicant Processing Fee: CAD $475

Right of Permanent Residence Fee: CAD $500

Biometrics Fee (if applicable): CAD $85

Submit Application

  • Assessment: IRCC reviews both the sponsor's and the sponsored person's eligibility.
  • Medical, Biometrics, and Police Checks: May be requested by IRCC if not submitted upfront.
  • Decision: Approved applicants receive a Confirmation of Permanent Residence (COPR).
Common Reasons for Application Refusal

Insufficient Proof of Relationship: Provide ample evidence to demonstrate the genuineness of your relationship.

Incomplete or Incorrect Forms: Ensure all forms are complete and accurate.

Financial Ineligibility: Demonstrate financial stability with clear evidence.

Admissibility Issues: Disclose all pertinent information regarding medical or criminal history.

Misrepresentation: Always provide truthful and accurate information.

Success Rates and Statistics

According to IRCC data (up to 2021):

Approval Rates: Approximately 96% of spousal sponsorship applications are approved.

Processing Times: Average is about 6 months, though delays can occur.

Common Refusal Reasons: Misrepresentation, insufficient proof of relationship, and admissibility issues.

Tips for a Successful Application

  • Be Thorough: Include extensive evidence of your relationship.
  • Ensure Accuracy: Double-check all forms for completeness and accuracy.
  • Stay Organized: Keep copies of everything submitted and track correspondence with IRCC.
  • Respond Promptly: Address any IRCC requests for additional information quickly.
  • Seek Professional Guidance: Consider consulting an RCIC to review your application.
Conclusion

Navigating the spousal sponsorship process requires careful preparation and attention to detail. By understanding the requirements and common pitfalls, you can enhance your chances of success. Honesty, thoroughness, and promptness are your allies in this journey. If you have questions or need personalized assistance, don’t hesitate to seek professional help.