Sponsor your spouse
Spousal Sponsorship in Canada: Guide for Husband, Wife, and Common-law Partner
Embarking on the journey of spousal sponsorship in Canada can be a significant step towards reuniting with your loved one. Understanding the process, requirements, and potential challenges is crucial for a successful application. Here’s a comprehensive overview to help you navigate the spousal sponsorship process seamlessly.
Processing Times and Application Procedures
Processing times for spousal sponsorship applications typically range from 8 to 12 months, with variations based on the visa office handling the application. Some larger visa offices, like those in the USA, may expedite processing, completing applications in as little as 4 to 6 months.
All applications, whether for Inland or Outland Sponsorship, are submitted online. Once deemed complete and meeting all necessary criteria, the application is forwarded to the responsible visa office. Incomplete applications are returned after 3 months.
Types of Spousal Sponsorship Applications
Outland Sponsorship: This involves processing the application through the visa office in the sponsored spouse’s country of citizenship or legal residence. Even if the couple resides together in Canada, they can opt for this category, allowing them to appeal a refusal at the Immigration Appeal Division (IAD).
Inland Sponsorship: In this category, the application is processed within Canada, requiring the sponsored partner and sponsor to reside together during the process. The sponsored partner may also qualify for an Open Work Permit if they have valid status in Canada. However, Inland sponsorship does not grant appeal rights in case of refusal.
Eligible Persons for Sponsorship
- Spouse: Includes husbands, wives, and partners via marriage (proxy marriages are not permitted).
- Common-law Partner: Refers to a person with whom you have lived continuously for at least 12 months.
- Conjugal Partner: Applies when the partner doesn’t qualify under the Spouse or Common-law category, but a committed relationship akin to marriage exists for at least one year, with extenuating circumstances preventing cohabitation.
Handling Criminal Records or Charges
Sponsorship of a spouse with a criminal record or charge requires special measures. It involves thorough background checks and review by Immigration, Refugees and Citizenship Canada (IRCC). Various factors, including the nature of the offence and time passed, determine the approach to overcome inadmissibility.
Sponsor Eligibility Criteria
To be a sponsor, you must:
- Be a Canadian Citizen or Permanent Resident residing in Canada.
- Be at least 18 years old and not incarcerated, bankrupt, or facing serious charges.
- Not have sponsored a spouse to Canada in the past 5 years.
Requirements for Sponsored Persons
To be sponsored, individuals must:
- Be at least 18 years old and not closely related to the sponsor.
- Ensure their relationship with the sponsor is genuine and not solely for acquiring Permanent Residence.
- Cohabit with the sponsor in Canada if applying under the In-Canada class.
Post-Sponsorship Responsibilities
The sponsor is financially responsible for the sponsored person for three years after they become a permanent resident. Additionally, individuals sponsored as spouses are ineligible to sponsor a spouse themselves for five years after obtaining Canadian permanent residence.
For expert guidance and assistance in initiating your spousal sponsorship process, contact us today.
