Spousal Sponsorship

What is Spousal Sponsorship?

In Canada, a Canadian citizen or permanent resident can use spousal sponsorship to sponsor their spouse, common-law or conjugal partner. Using their spouse's sponsorship, the sponsored person can become a permanent resident. This sponsorship can be done in two ways: inland sponsorship and outland sponsorship. Continue reading to learn more about spousal sponsorship.

How has COVID-19 impacted spousal sponsorship?

Many immigration programmes in Canada were impacted by the pandemic, but spousal sponsorship remains a priority, according to Immigration, Refugees, and Citizenship Canada (IRCC). According to IRCC, the COVID-19 disruption has no effect on the spousal sponsorship proceeding.

What is the total number of spouses and partners welcomed by Canada each year?

Every year, Canada aims to house over 400,000 immigrants. About 60% of the total is for skilled workers, with the remainder going to other types of immigrants. The family class category includes spouses, partners, and children, totaling 80,000.

Am I Eligible to sponsor?

If you meet the following criteria, you will be permitted to sponsor:

  • 18 years old or older
  • A Canadian permanent resident or a Canadian citizen
  • Providing for yourself without the use of social assistance, unless you are a Canadian citizen or a permanent resident of the country.
  • Capable of sponsoring your partner's or spouse's basic needs as well as the needs of their dependent children

How has COVID-19 impacted spousal sponsorship?

A financial proof to support your spouse

Must stand alone without the support of the government social assistance

What are the requirements to sponsor in Canada?

Many things must be checked before you can be a sponsor, but the most important is your financial capability. You will be required to sign an undertaking demonstrating your ability to meet the sponsored person's basic needs, which include food, clothing, shelter, and medical expenses.

After signing the undertaking, you are responsible for the spouse, conjugal partner, or common-law partner for three years, or until they become a permanent resident. Even if your financial capability deteriorates, the undertaking remains valid.

What is the minimum income needed to sponsor your spouse or partner?

You do not need to meet a specific income level to sponsor your spouse in Canada, but you must have the following:

  • You do not need to meet a specific income level to sponsor your spouse in Canada, but you must have the following:
  • You should not have received any bankruptcy documents or be sponsored by any province before the sponsorship can be granted.

This provincial restriction requirement doesn’t affect you if you are being sponsored for a disability reason or you have employment insurance benefits.

How much do I need cost to sponsor my partner or spouse?

The standard fee for spousal sponsorship was approximately CAD 1,135. The sponsorship fee is approximately CAD 75, while the principal applicant processing fee is approximately CAD 475. Other fees include CAD 500 for the right of permanent residence and CAD 85 for biometrics. All of these fees add up to the standard fee. However, if the spouse has dependent children, an additional $150 should be considered during the application process for each child. You will also need an additional CAD 289 for processing in Quebec province.

Who Can I Sponsor?

You may sponsor a person if you can demonstrate that you have a sincere relationship with them by providing the necessary supporting documentation. You'll be permitted to sponsor a spouse or partner if you fall under one of these three categories:

  • If you are formally wed (Spouse).
  • If you have shared a home for at least a year (Common-law partner).
  • If you've been in a committed relationship for a year but were unable to live together due to your location, culture, or religion (Conjugal partner).

Anyone you will be sponsoring under this sponsorship must be

An adult of at least 18 years old

Medically fit and pass all the security and background checks

Then you can go ahead and be a sponsor but not until the IRCC approves the sponsorship; the sponsored person will not receive a visa.

Is it possible to sponsor a same-sex spouse or partner?

Marriage and same-sex relationships are both acceptable in Canada. As a result, you can use any of the three categories mentioned above to determine whether both partners satisfy the eligibility requirements. The country must permit same-sex unions in order for a marriage to be recognised if it occurred outside of Canada.

How do I prove that my common-law relationship is authentic?

You must present the following document before you can prove the type and length of the relationship:

  • Evidence of a relationship via messages, emails, or social media.
  • For couples who are married, copies of the marriage licence and birth certificates for minor children.
  • Completed the sponsorship board's relationship information questionnaire.
  • Photographic evidence of a relationship.
  • Additional proof that the common-law partner is acknowledged, such as documents.

If you can prove all these and the relationship is genuine, then the sponsorship application process will be seamless.

How Can I Apply?

Before you begin the spousal application, the first thing to check is the eligibility conditions. Then, you must submit these two applications together:

Your spouse’s permanent residence application

Your request to sponsor your partner or spouse

The process of application is done in four steps:

STEP 1

Check the government website, download the instructional guide and fill out the form following the instruction correctly.

STEP 2

Settle all the application fees, including the Biometrics fee, right of permanent residence fee, and other fees requested by the third party.

STEP 3

The next thing is to submit the filled application.

STEP 4

Submit all the documents requested in the instructional guide.

What are Outland and Inland applications in Canada?

When processing the spousal sponsorship, there are two options couples can choose from:

Outland Sponsorship

When one sponsoring partner lives in Canada and the sponsored spouse is located abroad, this option is chosen. While the application is being processed, the spouse who lives abroad may visit the other partner, but they won't be regarded as permanent residents until the application is approved. However, it is expected that the Canadian spouse will stay in the country until the application process is finished.

The applicant's country of origin must be represented by the visa office that handles this kind of application outside of Canada. Or it might be the nation in which the applicant has resided for the previous 12 months.

Inland Sponsorship

Both partners must be residents of Canada at the time of application for this sponsorship. The sponsored spouse needs a short-term visa to enter Canada as a visitor, student, or employee. Before the application is submitted and finished, none of the partners should depart from Canada.

The foreign spouse may apply for an open work permit to enable your spouse to continue working while the application is being processed due to the potential for a lengthy processing time.

Where do I submit my spousal sponsorship application?

Either a local immigration office in Canada or a visa office outside of Canada will accept your application. But keep in mind that submission is only possible through the outside of Canada application process if it is a conjugal partner sponsorship.

What is the average time before a sponsorship application is approved?

Processing time for the general spousal application shouldn't exceed a year.

Will I be interviewed during the spousal application process?

Interviews aren't necessarily required for all applications, though. The best way to determine credibility is through an interview if the information provided doesn't seem reliable.

What could make my application be refused?

The following are some of the primary causes of application denial:

  • The document that attests to the validity of the relationship is insufficient.
  • In the application, facts were interpreted incorrectly.
  • Your application was filled out incorrectly.
  • You didn't fulfil every prerequisite for spousal sponsorship.
  • You or your partner are viewed as a danger to Canadian society.

FAQs

Yes, a foreign spouse can visit their sponsoring partner before the application is approved. But this doesn’t mean they have special rights because their application is being processed.

Another thing to note is the temporary visa application. Because of the pending PR application, the immigration officers might not be quick to approve a temporary one as they need to avoid giving the partner a pass to stay in the country permanently. The best bet is to apply for a temporary visa first before beginning the spouse sponsorship application.

Your spouse or common-law partner can apply for an Open work permit and work for a Canadian employer until approved permanent residence visa.

  • Before your spouse is given the open work permit, they must:
  • Be currently living in the same residence with the spouse;
  • Apply to the immigration program in charge of spouse and common-law partner sponsorship;
  • Be a temporary resident either as a student, visitor or worker; and
  • Have all that is required under the sponsorship program.

Yes, your partner can stay with you till the application is completed and provided they don’t change their legal status. If the temporary visa expires before the permanent residency, your spouse can apply for a visitor record and guarantee a longer still until the application is approved.

There is no restriction on leaving Canada when your application is in process. But it can be hard to return if you don’t have the following:

  • A valid visa or an authorization to travel, which would be provided electronically;
  • A valid travel document and passport;
  • A valid study or work permit;

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Work permit

A work permit is a legal document that enables a foreign national to work while present in Canada. About 500,000 temporary foreign workers receive work permits from Canada each year from all over the world.