A Detailed Guide On Canadian Spousal Sponsorship

Canadian spousal sponsorship is how a Canadian citizen/ permanent resident can sponsor their partner to come to Canada.

The Canadian spousal sponsorship is how a Canadian citizen/ permanent resident can sponsor their partner to come to Canada & live permanently. Moreover, in Canada, it is integral for families to be together. For this specific reason, applications for spousal sponsorship are a top priority. 

Here’s all about the Canadian spousal sponsorship. So, make sure you stick to this guide till the end. 

What Is The Canadian Spousal Sponsorship? 

Canadian spousal sponsorship is a component of Canada’s immigration system. In addition, it enables Canadian citizens & permanent residents to sponsor their spouses, conjugal partners, or common-law partners for PR in Canada. The program aims to facilitate family reunification by allowing Canadian citizens & permanent residents to bring their loved ones to live with them in Canada. 

So, first, it is important to understand the difference between spouse, common-law partner, & conjugal partner relationships.

  • Spouse

The sponsored person is legally married to the sponsor. 

  • Common-Law Partner 

Under this, the sponsored person & the sponsor have been living together continuously in a conjugal relationship for at least one year. 

  • Conjugal Partner   

The sponsored person & the sponsor have been in a genuine & continuing relationship for a minimum of one year but have been unable to live together or marry because of extenuating circumstances. 

It is vital to note that they all have different eligibility criteria & documentation requirements for immigration purposes.

Family Class v/s In Canada Sponsorship Class 

The Canadian spousal sponsorship programs include two main classes: 

1. Family Class Sponsorship Class 

You can apply under this program if: 

  • Your spouse/ common-law partner resides outside of Canada. 
  • You are presently living in Canada with the sponsor but do not plan to stay for the duration of the application process.

A disadvantage to using this stream is that living with your spouse might be difficult until your application has been approved. However, your partner/ spouse can apply for a temporary visa to immigrate to Canada while their overseas sponsorship application is being processed. 

2. In Canada Sponsorship Class 

You must apply under the spouse/ common-law partner in Canada class if: 

  • You reside with the sponsor in Canada 
  • You hold a valid immigration status 
  • You’d like to apply for an open work permit to work in Canada while the application is in process 

Suppose your spouse/ common-law partner is out of status in Canada. In that case, they might be able to submit under this stream while being protected under a policy allowing them to remain in Canada until the application has been fully processed.   

Understanding The Process Of Canadian Spousal Sponsorship

So, here’s how the process of Canadian spousal sponsorship goes. The below information is in the form of QnA so that you can better understand the process. 

1. How Long Does It Take To Sponsor Spouse To Canada? 

Sponsorship applications might take approximately 12 months to process from start to finish. They are not processed much faster than 12 months, but they can take longer, depending upon the nature of your case. 

In case you have a complicated case, or the visa office requires extra proof of your relationship, this will delay the application processing & it will take longer. 

So, the best way to ensure your sponsorship application is processed is to make sure it is done right the first time. 

2. How Can I Submit A Spousal, Conjugal, Or Common-Law Sponsorship Application? 

Applications for Canadian spousal sponsorship might be submitted via mail or by IRCC’s permanent residence application portal. 

3. Is An Interview Needed For Spousal Sponsorship? 

Immigration interviews are quite rare for spousal sponsorship cases & are the exception rather than the rule. That said, Canadian spousal sponsorship immigration interviews generally occur when there is a lack of documents supporting the relationships, contradicting data on the forms v/s documents, an age and religious difference, and a short period of time between meeting your spouse and marriage.  

Although the visa officer’s final decision to interview a couple is at their discretion, using the services of an immigration attorney can prepare your application in the best possible light and reduce any questions they may have about the validity of your relationship. 

4. Who Can Sponsor Their Spouse, Common-Law Partner, Or Conjugal Partner? 

You might be eligible to sponsor your spouse under the Canadian spousal sponsorship program if you are a Canadian citizen/ permanent resident & meet the following conditions: 

  • Are at least 18 years old
  • Reside in Canada/ planning to return to Canada once your spouse/ partner becomes a permanent resident of Canada 
  • Are able & willing to provide for the basic financial needs of your spouse/ partner for three years

5. What documents must I submit for a spousal, conjugal, or common-law sponsorship application?

When applying to sponsor a spouse, you can expect to submit the following:

  • Completed application forms
  • Proof of status in Canada
  • Identity documents
  • Marriage certificate
  • Police Certificate & Clearances from all countries your spouse has lived in for six months/ longer past the age of 18
  • Medical certificate for your spouse
  • Proof of payment for applicable government fees
  • Digital photo
  • Relationship Information and Sponsorship Evaluation Questionnaire
  • Marriage certificate
  • Wedding invitations and photos
  • Birth certificates/ adoption records for any children you & your spouse have together
  • Evidence of registration of marriage with a government authority

To demonstrate your relationship, you must provide a minimum of two of the following documents:

  • Proof that you & your spouse own property together
  • Shared bank accounts
  • Utility bills with both of your names
  • Copies of government-issued IDs
  • Car insurance
  • Pay stubs/ tax forms that show that you live at the same address

In case you are in a common-law relationship & looking into sponsoring your spouse, immigration officers will definitely expect to see the following evidence:

  • Relationship Information & Sponsorship Evaluation Questionnaire
  • Birth certificates/ adoption records for any children you & your common-law partner have together
  • Photos of you & your common-law partner which demonstrate that you are in a conjugal relationship
  • Evidence that you have lived together for at least one year

And a minimum of two of the documents mentioned below:

  • Documents that showcase that you are each other’s common-law partner, like employment/ insurance benefits
  • Evidence of financial support/ shared expenses between you & your partner
  • Evidence that your relationship is recognized by family and friends

Conclusion  

The Canadian spousal sponsorship program facilitates the reunification of families by enabling Canadian citizens & permanent residents to sponsor that spouses for permanent residency. This program underscores Canada’s commitment to family unity, thus offering a streamlined & supportive process to help couples live together in Canada. Moreover, by addressing numerous relationship scenarios, the program ensures an inclusive & comprehensive approach. Thus, the Canadian spousal sponsorship program plays an integral role in fostering strong, stable family units, contributing to the social fabric, & diversity of the nation.