The Spousal Sponsorship Canada program is a popular immigration pathway that allows Canadian citizens and permanent residents to sponsor their spouses, partners, and dependent children for permanent residence in Canada. This program is designed to keep families together by providing a way for Canadians to bring their loved ones to live with them in the country. There are two types of spousal sponsorship applications: Inland Spousal Sponsorship and Outland Spousal Sponsorship. The choice between these two options depends on where you and your spouse are located and your specific situation.
What is the Spousal Sponsorship Canada Program?
- Purpose: The program is aimed at family reunification, allowing Canadian citizens and permanent residents to sponsor their spouses, common-law partners, conjugal partners, and dependent children for permanent residency.
- Eligibility: To be eligible to sponsor, the sponsor must be a Canadian citizen or permanent resident, at least 18 years old, and capable of financially supporting the person they are sponsoring.
- Two Sponsorship Options: Applicants can choose between Inland Spousal Sponsorship (for spouses already in Canada) or Outland Spousal Sponsorship (for those living outside Canada).
Before You Apply
Before starting the application process, it's important to understand the eligibility requirements for both the sponsor and the applicant:
- Sponsor Requirements:
- Must be at least 18 years old.
- Must be a Canadian citizen or permanent resident, or registered under the Canadian Indian Act.
- Must be financially capable of supporting the person they are sponsoring.
- Applicant Requirements:
- Must be at least 18 years old.
- Must prove the relationship is genuine and not for the purpose of gaining immigration status in Canada.
- Supporting Documents: Both the sponsor and the applicant need to submit various documents as evidence of their relationship, including photos, communication records, and financial statements.
1. Who Can Use This Application Package?
This package can be used for various types of family members:
- Spouse Sponsorship: For married couples, with proof of a genuine marriage.
- Common-Law Partner Sponsorship: For couples living together for at least one year in a conjugal relationship.
- Conjugal Partner Sponsorship: For couples who cannot live together due to legal or immigration barriers (e.g., same-sex couples in certain countries).
- Dependent Children: For children under 22 years old who are not married or in a common-law relationship.
- Other Relatives: In some cases, you can sponsor other relatives like parents or orphaned siblings.
2. Your Obligations as a Sponsor
Sponsoring someone for Canadian immigration comes with significant responsibilities:
- Financial Support: Sponsors must provide financial support for the person they are sponsoring, covering basic needs like food, shelter, clothing, and medical care.
- Commitment Duration: The sponsor is legally bound to support the spouse or partner for three years, even if the relationship ends.
- Repayment Responsibility: If the sponsored individual relies on social assistance during the sponsorship period, the sponsor is required to repay those funds.
- Accuracy in Application: The sponsor must ensure that all information provided in the application is complete and truthful. Misrepresentation can lead to penalties or rejection of the application.
3. Who You Can Sponsor
The program allows sponsors to bring the following individuals to Canada:
- Spouse, Common-Law Partner, or Conjugal Partner: You can sponsor your legally married spouse, common-law partner (if you’ve lived together for at least 12 months), or conjugal partner (if legal or immigration barriers prevent you from marrying or cohabiting).
- Dependent Children: Children under 22 years old who are financially dependent on the sponsor.
- Parents and Grandparents: Can be sponsored through a separate program with a lottery system due to high demand.
- Other Relatives: In exceptional cases, you may sponsor orphaned nieces, nephews, or grandchildren.
a). In-Land Spousal Sponsorship
Inland Spousal Sponsorship is for applicants who are already in Canada with their Canadian spouse or partner. Key features of this option include:
- Work Permit: Applicants can apply for an open work permit and work for any employer in Canada while their application is being processed.
- Residence: The sponsored spouse can remain in Canada during the processing period, which typically takes about 12 months.
- Eligibility: To qualify for this option, the applicant must already be in Canada and living with the sponsor.
b). Outland Spousal Sponsorship
For those whose spouse is living outside Canada, the Outland Spousal Sponsorship process is the preferred option:
- Application Process: The sponsor and the applicant need to submit a complete application package, including sponsorship forms, proof of relationship, and financial documents.
- Processing Time: The application processing time for Outland sponsorship is generally around 12 months, depending on the country where the spouse resides.
- Medical and Security Checks: The applicant must undergo medical examinations and provide police certificates from all countries they have lived in for six months or more.
4. Are You Eligible to Sponsor Someone?
To be eligible to sponsor someone, the sponsor must meet several criteria:
- Legal Status: The sponsor must be a Canadian citizen, permanent resident, or registered Indian under the Canadian Indian Act.
- Age: The sponsor must be at least 18 years old.
- Financial Ability: The sponsor must demonstrate they can financially support the sponsored person, ensuring they do not rely on social assistance.
- Other Restrictions: The sponsor cannot be receiving social assistance (except for disability benefits) and must not have a criminal record or any other disqualifying factors.
Key Steps in the Application Process
- Eligibility Check: Both the sponsor and the applicant must meet the outlined requirements.
- Complete Application: Submit the necessary forms, documents, and the application fee.
- IRCC Review: The application will be reviewed by the Immigration, Refugees, and Citizenship Canada (IRCC), who may ask for an interview or additional documents.
- Medical and Security Checks: The applicant will undergo medical checks and submit police certificates.
- Approval: If the application is approved, the spouse or partner will receive a Confirmation of Permanent Residence (COPR) and can travel to Canada.
Conclusion
The Spousal Sponsorship Canada program is a key pathway for family reunification, allowing Canadian citizens and permanent residents to sponsor their loved ones for permanent residency. There are two main pathways—Inland and Outland Sponsorship—each with specific requirements and processes. Understanding the eligibility criteria, obligations, and application steps is crucial to ensuring a successful sponsorship.
