Navigating the Spousal or Common Law Partner Sponsorship Process in Canada

The Spousal Sponsorship Program in Canada stands as a beacon of family reunification and immigration policy, offering citizens and permanent residents the opportunity to sponsor their spouses or common-law partners for immigration. This article aims to provide a comprehensive understanding of the Spousal Sponsorship Program, covering eligibility criteria, the sponsorship process, and common reasons for application refusal.

What is the Spousal Sponsorship Program?

At its core, the Spousal Sponsorship Program enables Canadian citizens and permanent residents to sponsor their spouses or common-law partners to reside with them in Canada. This program emphasizes the importance of family unity and aims to facilitate the integration of newcomers into Canadian society.

Am I Eligible to Sponsor?

You can qualify as a sponsor if you meet the following criteria:

  • You are 18 years of age or older.
  • You are a Canadian citizen, permanent resident residing in Canada, or person registered under the Canadian Indian Act.
  • You reside in Canada or are a Canadian citizen planning to return to the country.
  • You are not receiving social assistance for reasons other than a disability.
  • You are capable of providing for your own basic needs, as well as those of your spouse or partner, and any dependent children.

As a sponsor, you must:

  • Have the financial means to support your partner.
  • Ensure that they will not require social assistance from the government.

What are the requirements for sponsoring in Canada?

Sponsoring a spouse in Canada entails a commitment to financially support the sponsored individual and any dependent children. As a sponsor, you will need to sign an undertaking promising to meet the basic needs of the sponsored person, which include:

  • Providing housing, including covering utility bills.
  • Supplying food and personal hygiene products.
  • Furnishing clothing and other essential items for daily life.
  • Assisting with medical expenses not covered by public health insurance, such as dental and eye care.

Your obligations as a sponsor commence upon the commencement of the undertaking, which lasts for three years from the day your spouse, common-law partner, or conjugal partner becomes a permanent resident.

Once the sponsorship application has been approved by Immigration, Refugees and Citizenship Canada (IRCC), you cannot cancel or withdraw the undertaking, even if your personal or financial circumstances change.

How much income do you need to sponsor your spouse or partner?

There is no specific income requirement for sponsoring your spouse or partner to Canada. However, the financial requirements for spousal sponsorship include:

  • Demonstrating that you have adequate income or assets to support your spouse or partner upon their arrival in Canada.
  • Not receiving income support benefits from any province or being in bankruptcy proceedings. If you are receiving Employment Insurance benefits or disability benefits, you may still sponsor your spouse, common-law partner, or conjugal partner.

How much does it cost to sponsor your spouse or partner?

Fees in Canadian dollars are as follows:

  • Sponsorship Fee: $75
  • Principal Applicant Processing Fee: $490
  • Right of Permanent Residence Fee: $515
  • Biometrics (fingerprints and photo): $85

Total: $1,165

If you are sponsoring your spouse or partner and they have dependent children, an additional payment of $150 will be required for each child included in the application.

If the sponsor resides in Quebec or intends to reside in Quebec upon issuance of permanent residence, an additional fee of CAD 289 will also be required.”

 

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    The Spousal Sponsorship Program plays a vital role in reuniting families and fostering social cohesion in Canada. By adhering to the eligibility criteria, thorough documentation requirements, and understanding potential pitfalls in the application process, sponsors can enhance their chances of a successful sponsorship application. Clear communication, honesty, and attention to detail are paramount in navigating the complexities of spousal sponsorship in Canada.

    Who is Eligible for Sponsorship?

    To qualify for a visa through this immigration program, both you and your foreign spouse or partner must demonstrate that you are in a genuine relationship falling under one of three categories:

    1. Spouse: You are legally married.
    2. Common-law partner: You have cohabited or are currently cohabiting with your partner for a minimum of 12 consecutive months in a relationship akin to marriage.
    3. Conjugal partner: You have sustained a committed relationship for a minimum of 12 months, facing significant barriers that prevent cohabitation such as cultural, religious, or immigration constraints.

    The individual you intend to sponsor must:

    • Be at least 18 years old.
    • Successfully undergo all background, security, and medical evaluations.

    Both the Canadian citizen or permanent resident, as well as the foreign national, must receive approval from IRCC before the sponsored person can obtain a visa.

    Can I Sponsor My Same-Sex Spouse or Partner?

    Canada acknowledges same-sex marriages and relationships. Therefore, your spouse or partner may be eligible to apply under one of the aforementioned categories provided both parties meet all eligibility requirements. If your marriage occurred outside of Canada, it must be legally recognized in the respective country.

    How Can I Substantiate the Authenticity of My Common-law Relationship?

    To validate the duration and nature of your relationship, you will be required to furnish documents such as:

    • Relationship Information and Sponsorship Evaluation Questionnaire.
    • Birth certificates, marriage certificates, or adoption records of any children shared with your common-law partner.
    • Photographic evidence depicting your relationship with your common-law partner.
    • Documents indicating mutual recognition as common-law partners, such as employment or insurance benefits.
    • Evidence of shared financial responsibilities between you and your partner.
    • Correspondence confirming your relationship, including letters, emails, or social media interactions.

    Should any doubts arise regarding the legitimacy of your relationship, the sponsorship application may be declined.

    Understanding the Process: Spousal Sponsorship in Canada and How Can I Apply?

    Before commencing the application process, it is imperative to ensure that both you and your partner fulfill all the requisite eligibility criteria.

    The application process entails the simultaneous submission of two applications:

    1. Your application to sponsor your spouse or partner.
    2. Your spouse or partner’s application for permanent residence.

    Sponsoring a spouse involves a four-step procedure:

    Step 1: Acquire the application package available on the government’s official website, comprising a comprehensive guide with instructions and forms essential for accurately completing the process.

    Step 2: Remit the online application fee, encompassing:

    • Processing fees for all individuals included in the application.
    • Right of Permanent Residence Fee.
    • Biometrics fees.
    • Any other applicable third-party fees.

    Step 3: Submit your application as per the submission guidelines provided in the downloaded guide.

    Step 4: Furnish the requisite supporting documents promptly upon request.


    Understanding Outland and Inland Applications in Canada

    Couples have the option to select between two application routes:

    Outland Sponsorship:

    Typically chosen when the sponsored individual resides abroad while the Canadian sponsor resides within Canada. During the application process, the sponsored individual may enter and exit Canada provided they hail from a visa-free country or possess the requisite Canadian visa. Conversely, the Canadian sponsor must remain within Canada throughout the processing period. Applications from outside Canada are processed by the visa office serving the applicant’s country of origin or where the applicant has legally resided for a minimum of one year.

    Inland Sponsorship:

    This category necessitates both spouses residing together in Canada, with the sponsored individual holding temporary status in Canada as a worker, student, or visitor. Both the sponsor and the applicant’s spouse are mandated to cohabit in Canada during the application processing period. Such sponsorship applications are filed within Canada. Foreign spouses possessing legal temporary status in Canada may apply for an Open Work Permit (OWP) while their Inland sponsorship application undergoes processing, enabling them to work for any Canadian employer and mitigating potential financial hardship stemming from prolonged processing times.

    Submission of Spousal Sponsorship Application

    In general, spousal sponsorship applications can be lodged either outside Canada at a visa office abroad or within Canada at a local immigration office. Notably, sponsorship applications for conjugal partners are exclusively processed through an application process outside Canada.

    Expected Processing Time and Interview Requirements

    The standard processing time for spousal applications is 12 months. Interviews are only conducted in cases where information provided is deemed questionable, at the discretion of visa officers assessing the application.

    Reasons a sponsorship application is refused

    Spousal sponsorship is a common pathway for individuals to reunite with their loved ones in a different country. However, the process can be complex, and there are various reasons why a sponsorship application may be denied or refused. Understanding these reasons is crucial for anyone navigating the sponsorship process. In this article, we'll explore some of the key factors that could lead to a denial of a spousal sponsorship application.

    1

    Incomplete or Inaccurate Documentation

    One of the most common reasons for the denial of a spousal sponsorship application is incomplete or inaccurate documentation. This can include missing forms, unsigned documents, or failure to provide required information. It's essential to carefully review the application requirements and ensure that all necessary documents are included and filled out correctly.

    2

    Insufficient Proof of Relationship

    Another frequent cause of application denial is insufficient proof of the relationship between the sponsor and the sponsored spouse. Immigration authorities typically require evidence such as marriage certificates, joint bank accounts, photographs together, and communication records to establish the authenticity of the relationship. Failure to provide compelling evidence of a genuine relationship can result in the application being refused.

    3

    Financial Ineligibility

    Sponsors are often required to demonstrate that they have the financial means to support their sponsored spouse upon their arrival in the country. If the sponsor fails to meet the minimum income requirements or cannot provide adequate proof of financial stability, the application may be denied. It's crucial for sponsors to carefully review the financial eligibility criteria and provide relevant documentation to support their financial status.

    4

    Criminal Inadmissibility

    Individuals with a criminal record may be deemed inadmissible to enter or remain in a country. If either the sponsor or the sponsored spouse has a criminal history, it can significantly impact the spousal sponsorship application. In some cases, certain criminal convictions may render an individual ineligible for sponsorship altogether. It's essential to disclose any criminal history upfront and seek guidance on how it may affect the application.

    5

    Previous Immigration Violations

    Past immigration violations, such as overstaying a visa or entering the country illegally, can also lead to the denial of a spousal sponsorship application. Immigration authorities closely scrutinize the immigration history of both the sponsor and the sponsored spouse. Any previous violations of immigration laws can raise concerns about the credibility of the application and may result in refusal.

    6

    Misrepresentation or Fraud

    Misrepresentation or fraud in the spousal sponsorship application is a serious offense and can lead to severe consequences, including permanent immigration bans. This can include providing false information, submitting forged documents, or concealing relevant facts. Immigration authorities have mechanisms in place to detect fraudulent applications, and individuals found to have engaged in misrepresentation may face legal action.

    The Spousal Sponsorship Program plays a vital role in reuniting families and fostering social cohesion in Canada. By adhering to the eligibility criteria, thorough documentation requirements, and understanding potential pitfalls in the application process, sponsors can enhance their chances of a successful sponsorship application. Clear communication, honesty, and attention to detail are paramount in navigating the complexities of spousal sponsorship in Canada.