Sponsorships and Genuine Relationships
Spousal sponsorship is a program that allows Canadian citizens or permanent residents to sponsor their spouses or common-law partners to join them in Canada as permanent residents. The sponsor and the sponsored person must meet certain eligibility criteria, such as being at least 18 years old, having a valid marriage or common-law relationship, and not being inadmissible for criminal, medical, or security reasons.
What is a Genuine Relationship?
A genuine relationship is one that is based on mutual love, respect, commitment, and shared experiences. It is not a relationship that was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act. Immigration, Refugees and Citizenship Canada (IRCC) has the authority to refuse spousal sponsorship applications if they find that the relationship is not genuine or that it was dissolved and resumed to gain immigration benefits.
Evidence to substantiate Spousal Sponsorship
Evidence to substantiate Spousal Sponsorship
- Marriage Certificate
- Proof of registration of marriage with a government (local, provincial, state or country) authority
- Divorce (if either the applicant or spouse was previously married)
- Birth Certificates for children naming both parents
- Wedding invitations and photos
- Proof of joint ownership of residential property
- Rental Agreement/ Lease showing both the sponsor and principal applicant as occupants of a rental property
- proof of joint utility accounts (e.g. electricity, gas, telephone, internet), joint credit card accounts, or joint bank accounts
- vehicle insurance showing that both the principal applicant and sponsor have been declared to the insurance company as residents of the insured’s address
- copies of government issued documents for the principal applicant and sponsor showing the same address (e.g.: driver’s licenses)
- other documents issued to the principal applicant and sponsor showing the same address, whether the accounts are held jointly or not (e.g. cell phone bills, pay stubs, tax forms, bank or credit card statements, insurance policies)
Common-Law Partner
Evidence to substantiate Common-Law partnership
- if the principal applicant and sponsor have children in common, long-form birth certificates or adoption records listing the names of both parents
- photos of the sponsor and principal applicant showing they are in a conjugal relationship
- at least two of the following sets of documents. If the sponsor and principal applicant are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:
- important documents for the principal applicant and sponsor showing they are recognized as each other’s common-law partner (such as employment or insurance benefits)
- documentary evidence of financial support between the principal applicant and sponsor, and/or shared expenses
- other proof that the relationship is recognized by friends and/or family (e.g. letters from friends/family, social medical information showing a public relationship)
If the sponsor and principal applicant are currently cohabitating, evidence from at least two of the following sets of documents showing that the principal applicant and sponsor have been living together for at least one year (e.g. documents showing the same address for both). If they are unable to provide documents from a minimum of two of the following sets of documents, a detailed written explanation must be provided:
- proof of joint ownership of residential property
- rental agreement showing both the sponsor and principal applicant as occupants of a rental property
- proof of joint utility accounts (e.g. electricity, gas, telephone, Internet), joint credit card accounts, or joint bank accounts
- vehicle insurance showing that both the principal applicant and sponsor have been declared to the insurance company as residents of the insured’s address.
- copies of government-issued documents for the principal applicant and sponsor showing the same address (e.g. driver’s licenses)
- other documents issued to the principal applicant and sponsor showing the same address, whether the accounts are held jointly or not (e.g. cellphone bills, pay stubs, tax forms, bank or credit card statements, insurance policies)
If the sponsor and principal applicant are not currently cohabitating, evidence must be provided that shows the sponsor and principal applicant cohabitated for a minimum of one year in the past, and the following must also be provided:
- proof of contact, including letters, printed text messages, emails or social media conversations, or other documented proof of contact between the principal applicant and sponsor. A maximum of 10 pages should be provided
- proof of the sponsor’s visits, such as airline ticket coupons or used boarding passes, photocopies of pages of passport for your sponsor showing entry-exit stamps supporting visits, etc. If the sponsor did not visit the principal applicant, an explanation must be included in the principal applicant’s IMM 5532 form (Part C, question 4)
Co-Habitation
One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada. Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If this is not clear from the evidence available, CPC-M should request further documents or refer to a IRCC for an interview.
Evidence of cohabitation may include:
- joint bank accounts or credit cards
- joint ownership of residential property
- joint residential leases
- joint rental receipts
- joint utilities accounts (electricity, gas, telephone)
- joint management of household expenditures
- evidence of joint purchases, especially for household items
- correspondence addressed to either or both parties at the same address
- important documents of both parties showing the same address, for example, identification documents, driver’s licenses, insurance policies
- shared responsibility for household management, household chores
- children of one or both partners are residing with the couple
- record of telephone calls
Persons who are not cohabiting with their sponsor at the time IRCC seeks to grant permanent residence (persons who have been removed or who have left Canada voluntarily) are not eligible under the Spouse or common-law partner class. They may, however, seek to apply in the family class (overseas), which would require them to submit a new application.
Applicants in the spouse or common-law partner in Canada class who are not cohabiting with their sponsor at the time they are ready to be granted permanent residence (persons who have been removed or who have left Canada voluntarily) are not eligible for permanent residence. They have the option of submitting a new application to be processed abroad under the family class, subject to applicable fees.
IRCC Red Flags
Large Age Gap – Significant age differences between the sponsor and Applicant could draw scrutiny from Immigration Canada. Age differences are not inherently problematic, they may raise questions about the authenticity of the relationship.
Previous Sponsorship or Immigration History – If either the sponsor or the sponsored person has a history of previous sponsorships, immigration applications, or other interactions with IRCC, it may be scrutinized. This is especially true if the sponsored person had a recent visa or permanent residence application that was refused.
Previous Marriage History – If either the sponsor or the sponsored person have a history of previous marriages and divorces, it may be scrutinized. This is especially true if the previous marriages were recent.
Inconsistencies or Contradictory Information – Contradictory information between the forms, photos, explanation letters, and other documentation could raise questions about the credibility of the sponsor and sponsored person’s story and cause IRCC to examine more closely whether or not immigration fraud is taking place.
Cultural or Religious Differences – When the sponsor and sponsored person come from different religions or cultural backgrounds, IRCC may scrutinize the genuineness of the relationship to root out immigration fraud. This is more likely to happen if the couple is from a country where marrying outside of your own religious group is not typical. To do this IRCC may verify that the couple has a solid understanding of each other’s religious or cultural nuances, values, and traditions.
A Language Barrier – IRCC may become suspicious when the sponsor and sponsored person don’t share a common language. This could lead to scrutiny of the level of communication and compatibility between partners to ensure that the relationship is founded on mutual understanding and genuine commitment rather than the sponsored person’s path to permanent residency.
Difference in Social or Economic Status – IRCC may scrutinize cases where there is a notable difference in financial or social standing. The concern arises from the potential for exploitation, where one party may be perceived as leveraging the relationship for immigration benefits, particularly if the sponsored spouse appears to be solely reliant on the financial support of the sponsor. These differences could lead to questions about the practical aspects of the relationship, such as living arrangements and shared financial responsibilities.
Limited History or Lack of Familiarity – A lack of shared history, including in-person visits and joint activities, could raise doubts about the authenticity of the relationship. When such evidence is lacking, officials may question the depth and authenticity of the relationship.
Conclusion
Spousal Sponsorship applications are important to unite family members. It is crucial to provide the correct supporting documents. Unique relationships can flag your file, it is crucial to get advice on how to explain your profile.
Hire an Immigration Lawyer to handle your case and ensure success.
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Disclaimer: This article is for general information purposes only and it is not intended as legal advice. The information is not a substitute for professional legal advice, and it may not be appropriate for you. Do not rely solely on this blog. Always do your own research and due diligence. Immigration laws and regulations can change over time. It is important to consult with a qualified immigration lawyer if you are unsure how to proceed.