IMMIGRATE TO CANADA - SPOUSAL SPONSORSHIP
Have you ever thought about moving to Canada to be with your common-law partner or spouse but aren’t familiar with the process and/or requirements?
The Immigration, Refugee and Citizenship Canada (“IRCC”) supports family reunification, giving high priority to Spousal Sponsorships. The processing time for these applications is on average 12 months but can vary depending on circumstances (for most applications, however, this is not a guaranteed timeframe).
HOW TO SPONSOR A PARTNER OR SPOUSE
A. An Inland Application. The partner or spouse who is being Sponsored is already present in Canada; or
B. An Outland Application. The partner or spouse to be Sponsored is not present in Canada.
SPONSOR:
What is a Sponsor?
Who is eligible to be a Sponsor?
A. An individual who is a Canadian Citizen or an individual with Permanent Residence and living in Canada; or
B. The Sponsor must be an individual registered in Canada as an Indian pursuant to the Canadian Indian Act;
C. The Sponsor must be 18 years of age or older; and
D. The Sponsor must be able to provide the basic needs (food, clothing, shelter, etc.) of the individual you are sponsoring.
What can make a Sponsor ineligible:
A. If the Sponsor being charged with any serious offence(s), if you are in jail;
B. If the Sponsor has been sponsored as a spouse within the preceding five years;
C. If the Sponsor is an undischarged bankrupt;
D. If the Sponsor is subject to a removal order;
E. If the Sponsor has submitted an Application and the decision is pending;
F. If the Sponsor is on social assistance (excluding disability);
G. If the Sponsor has not paid an immigration loan, performance bond or family support payments.
SPONSORED:
Who is eligible to be Sponsored?
There are three categories as follows:
A. Legally married and recognized spouses including same-sex spouses; or
B. Common-law partners (cohabiting but not legally married for a minimum period of one year); or
C. Conjugal partners. These individuals must be in a committed relationship for a minimum of one year and these individuals must also have a valid reason of why they cannot live together. This criteria may be demonstrated through emotional/financial ties, co-owning assets, positive efforts to be together and reunite.
Requirements to be Sponsored:
A. The individual who is being Sponsored must be at least 16 years old; and
B. The individual who is being Sponsored must not be related or a blood relative of the Sponsor.
The individual who is being Sponsored must be able to prove:
A. Their relationship is not built on the ground(s) of fraud or misrepresentation. The relationship should not be entered into for the sole purpose of obtaining Permanent Residence;
B. If the Sponsored individual (either partner or spouse) is already living in Canada and wants to obtain Permanent Residence, both the Sponsor and Sponsored individual must be living together.
RESPONSIBILITIES OF THE SPONSOR ONCE PARTNER OR SPOUSE IS SPONSORED
As soon as a partner or spouse is Sponsored, the Sponsor has the following responsibilities:
A. As soon as the Sponsored partner or spouse receives Permanent Residence, the Sponsor is financially responsible for their partner or spouse for three years.
RESPONSIBILITIES OF THE SPONSORED PARTNER OR SPOUSE WITH PERMANENT RESIDENCE
A. The Sponsored partner or spouse who was Sponsored to come to Canada and has their Permanent Residence is disallowed from sponsoring anyone for a minimum of five years.
PERMANENT RESIDENCE
Once the Sponsored partner or spouse has their Permanent Residence, they have the following rights:
A. The sponsored partner or spouse must be physically present in Canada for two years out of every five years. If this criteria is not met, Permanent Residence status can be revoked;
B. A Canadian Permanent Residence cardholder must show their Permanent Residence card when re-entering Canada;
C. After having Permanent Residence status for a minimum of three years, the Sponsored partner or spouse may (but does not have to) apply for Canadian citizenship;
D. The Sponsored partner or spouse may hold dual-citizenship.
MAINTAINING YOUR PERMANENT RESIDENCE STATUS
A. The sponsored partner or spouse must be physically present in Canada for two years out of five years. The two years does not have to be consecutive but accumulated; or
B. The sponsored partner or spouse can be outside of Canada and maintain Permanent Residence status if they are working full-time for a Canadian enterprise or Public Service of Canada.