Immigration Lawyer

Spousal Sponsorship

Immigration Lawyer

Spousal Sponsorship

In Canada, the importance of a family living together is top priority. Therefore, the spousal sponsorship program allows you to permanently settle in Canada with your spouse.

A Canadian citizen or permanent resident who wishes to bring their spouse or partner can apply under this category of spousal sponsorship or family sponsorship. This immigration pathway has three different categories: spousal, common-law, and conjugal partner sponsorship.

Difference between spousal sponsorship and family sponsorship in Canada

It is important that you understand the difference between spousal sponsorship and family sponsorship. Knowing them will allow you to choose which class, i.e., either family or spousal will be most beneficial for you.

Spouse or Common Law Partner Sponsorship

To apply under the Spousal sponsorship application, you must be a Canadian citizen or a permanent resident. Your spouse or partner needs to be physically present in Canada for this sponsorship. Under this inland sponsorship program, your spouse can apply for an open work permit, allowing them to work legally in Canada until they receive permanent residence. If the immigration application is rejected, you cannot appeal. However, you can file for a judicial review in the Federal Court of Canada.

Application for family sponsorship

To apply under the Family Sponsorship program, your spouse or partner should be living outside Canada. However, in some situations, your spouse can be in Canada, but only as a visitor. If the application is approved, your spouse will receive permanent resident status. In case of refusal of the sponsorship application, you can appeal to the Immigration Appeal Division (IAD).

Please note: If your spouse is temporarily in Canada, then he or she need not leave Canada to become a permanent resident if the application is approved.

Are you eligible to sponsor?

Eligibility to be a sponsor is required to ensure that you can support your spouse or partner. The requirements are:

You must be a Canadian citizen or a permanent resident of Canada.
You must be 18 years of age or older.
You must financially support your spouse or partner.
You must not take any social assistance from the government except in cases of disability.

Who can you sponsor?

Under the Spousal sponsorship program, as a Canadian citizen, you can sponsor your spouse or partner to become a Canadian permanent resident. The Immigration, Refugees, and Citizenship Canada (IRCC) has specified the following requirements:

1. Spouse

Your spouse can be of either sex.
Your spouse must be legally married to you.
He or she must be at least 18 years of age.

2. Common-Law Partner

A common-law partner is not legally married to you.
The partner can be of either sex, male or female.
Your partner must be at least 18 years of age.
Your partner has been living with you for consecutively 12 months at least. Without being apart for long, even if so, the duration must be short or temporary.
If your common-law partner wants to end the relationship with you, it is over.

Please note: You must provide proof of your common-law relationship.

3. Conjugal partner

Your partner is not legally married to you, nor in a common-law relationship.
Your partner can be of either sex.
Your partner must be at least 18 years of age.
You both have been in a relationship for at least 1 year.
Your partner cannot marry or live with you in their country of residence due to legal or immigration

How can you apply for spousal sponsorship?

To be able to apply for spousal sponsorship in Canada for your spouse, first you must apply to become a sponsor. Second, your spouse must apply for permanent residence. However, both the applications are submitted together. The steps involved are:

1. Check if you are eligible

You are a Canadian citizen or a permanent resident of Canada.
You are at least 18 years of age.
You are financially able to support your spouse.

2. Gather all information

You and your spouse must gather all the information and documents required:

Identification documents,
Evidence of your relationship and
Evidence of financial stability.

3. Download your application package

You can do this from the IRCC website. Here you will find,

Checklist for the documents needed
Forms
Complete instruction guides for your application.

4. Make payment

CAD 85 for sponsorship fee,
CAD 570 for the processing fee of spouses and partners,
CAD 515 is the Right of Permanent Residence (RPRF) fee.
CAD 85 biometric fee.

5. Submit the application

After forms are filled out and documents gathered, you can submit it online, or you can also mail it to the appropriate center.

6. Biometric and medical exam

After submission of the forms, your spouse will undergo a medical exam and give biometrics as per the IRCC approval.

7. Track your application

After completion, you can track your application with the application number on the IRCC website.
For more information on the application procedure and details, you can visit here.

Why choose Nanda & Associate Immigration Lawyers for your Spousal Sponsorship Application?

Understanding the application procedure for spousal sponsorship can be exhausting. At Nanda & Associate Lawyers, our team of experienced Immigration Lawyers are adept at handling sponsorship cases, offering guidance and support from the initial application to the final decision.

Whether you need help to understand the spousal category for an application or prepare to check the eligibility criteria for being a sponsor, to get the desired solutions, call at 905-405-0199 now!

Frequently Asked Questions

1. How long does spousal sponsorship take in Canada?

The average duration of the spousal sponsorship application is 12 months. However, the time may vary for inland and outland sponsorship. Depending on the application processes, medical exam and biometrics, and origin country, the time may vary.

2. Who is the principal applicant in spousal sponsorship?

In a spousal sponsorship, the principal applicant is the individual receiving the sponsorship. The principal applicant is the one who will apply for a permanent residence in Canada.

3. Can I stay in Canada while awaiting my spousal sponsorship?

Yes, you can stay in Canada if you have applied under the inland sponsorship program. In Inland sponsorship, the spouse or partner is already in Canada. In the case of outland sponsorship, you can be in Canada, but only as a visitor. It is a must that you have a valid visitor visa when in Canada, and there may be no re-entry if you leave during the spousal sponsorship program.

4. Being a temporary resident in Canada, can I sponsor my spouse?

No, as a temporary resident, you cannot sponsor your spouse to Canada even if you live in Canada. Only if you are a Canadian citizen or a permanent resident can you sponsor your spouse.

5. If my spousal application is refused, can I appeal it?

Yes, in case of refusal, you can appeal to the Immigration Appeal Division (IAD). Only if you have applied for your spousal sponsorship through the outland sponsorship program can you appeal. For inland sponsorship, you cannot appeal, but you may file for a judicial review in the Federal Court of Canada.