Spousal Sponsorship 2024

Canada spousal sponsorship 2024

Canada Immigration Spousal Sponsorship

Spousal sponsorship program is a vital component of Canada’s family reunification efforts. Spousal sponsorship allows Canadian citizens and permanent residents to sponsor their foreign spouses or partners to live with them in Canada as permanent residents. This process, governed by Immigration, Refugees and Citizenship Canada (IRCC) and can take approximately one year to process.

Spousal sponsorship is a significant pathway for family reunification in Canada. Understanding the eligibility requirements, application process, and the options available can help ensure a smooth journey towards living together in Canada.

For more details and information on spousal sponsorship see below.

Guide to Spousal Sponsorship in Canada – Eligibility, Process and Tips:

Eligibility
Inside or Outside Sponsorship Application
Frequently Asked Questions
Spousal Sponsorship Process
Hire an Immigration Sponsorship Lawyer

Spousal Sponsorship — Sponsor Requirements

Who Can Be a Sponsor?

Must be a Canadian citizen or Permanent Resident.
Must be 18 years of age or older.
Must be Self-sufficient (not be receiving social assistance).
Must be able to support the applicant.
Reside in Canada or show intent to reside in Canada once the sponsored applicant gets permanent residency of Canada successfully.
Review all eligibility criteria.

Who Can Be Sponsored? (Applicant)

Must be married (for a spousal sponsorship)
Must be 18 years of age or older.
Must be be admissible to Canada.
Must be in a genuine relationship with the Sponsor (i.e., not primarily entered to obtain permanent resident status in Canada). See Genuiness

Inside Canada (In-Country) Sponsorship Application

In-land spousal sponsorship is when the sponsorship is submitted when the couple are living together in Canada. The foreign national spouse would have already entered Canada using a visa or visa exemption. It is also possible to pursue an inland spousal sponsorship option if the principal applicant’s status has lapsed.

Outside Country Sponsorship Application

The most common route for a Spousal Sponsorship is for the application to be made from abroad. The sponsor remains in Canada while the applicant waits in his or her home country until the application is approved and the visa is issued before being allowed to come to Canada.

Spousal Sponsorship – Frequently Asked Questions

Frequent questions about the spousal sponsorship process:

Spousal Sponsorship applications take approximately 12 months to process from start to finish. They are typically processed faster than 12 months but may take longer, depending on the nature of your case.

There is no minimum income requirement for a spousal sponsorship application. In contrast to other immigration programs, a spousal sponsorship does not have a minimum income requirement unless the person you are sponsoring has a dependent child. However, under regular circumstances, the sponsor is required to submit supporting documents to establish that he or she is employed and has submitted income taxes.

You can stay in Canada while waiting for your permanent residence application as long as you maintain legal immigration status. Temporary resident status is valid for a specific period of time and you must ensure that your status as a temporary resident remains valid while you are in Canada. Once a spousal sponsorship is submitted, the Applicant is eligible for an open work permit.

There are several Government processing fees that must be paid in order to successfully sponsor someone to Canada.
Spousal Sponsorship Fees:
• Sponsorship Fee – $75
• Principal Applicant Processing Fee – $515
• Right of Permanent Resident Fee (RPRF) – $515
• Total – $1080
• Dependent Children – $155/child
These spouse sponsorship Canada fees can be paid online, and a copy of the payment receipt should be included with the sponsorship application.

There is effectively no difference between sponsoring a wife to Canada and sponsoring a husband. The “sponsor husband to Canada” and “sponsor wife to Canada” forms and requirements are the exact same. Whether you wish to sponsor a husband to Canada, or a wife, our Canada spouse immigration lawyer is here to help.

If you are a Canadian permanent resident living outside of Canada, you are not eligible to sponsor a partner to Canada. Only permanent residents living in Canada can sponsor a spouse to Canada. If you are a Canadian citizen living outside of Canada, spouse sponsorship is possible, but you must establish the intention to live in Canada once your partner becomes a Canadian resident.

When sponsoring a spouse, conjugal partner, or common-law partner, you are responsible for fulfilling the basic needs of your partner, including their everyday and health needs for three years.

You must make sure that your sponsored spouse, conjugal partner, or common-law partner does not require social assistance from the government before signing the undertaking agreement. If your spouse, conjugal partner, or common-law partner does require financial help from the government, you must pay back he full amount they received while you were legally responsible for them. If you do not pay back the full amount, you will not be permitted to sponsor another eligible family member until you do.

Your financial obligation will stay in effect even if:
• your sponsored spouse, conjugal partner, or common-law partner becomes a Canadian citizen
• your relationship ends
• your spouse, conjugal partner, or common-law partner moves to another country or province
• you experience financial problems

The person being sponsored may leave Canada for short periods of time while awaiting a decision on their In Canada spousal Sponsorship application. However, as residing in Canada in the requirement for In Canada Sponsorship Class, it is risky to leave the country in the case that you are not able to re-enter. This has increasingly become a concern since the COVID-19 pandemic with the frequent implementation of travel restrictions.

Another consideration is if the sponsored spouse has applied for an open work permit and is currently on maintained status in Canada. If this is the case, they will lose their maintained status once they leave Canada and must wait until their work permit application is approved to return.

If you are a permanent resident, you must stay in Canada during the processing of a common-law sponsorship application.

A Canadian citizen or permanent resident sponsor’s partner may bring a dependent child to Canada for immigration if :
• The child is under 22 and unmarried; or
• The child is 22 or older and has depended on the partner financially since before turning 22 because of a physical or mental condition.
IRCC locks in ages on the day it receives a completed PR application. The partner must list all children on the application, even those in the custody of an ex-spouse or a third party. Otherwise, the partner will lose the right to sponsor them later if circumstances change.
If the child is a minor and the sponsor is not the parent, the non-sponsoring parent or guardian must complete IRCC Form IMM 5604 and have it notarized. The application must also include a copy of the parent’s ID.

Evidence of Your Relationship Canadian immigration authorities may ask for proof of your relationship, especially if you apply as a common-law or conjugal partner. You can demonstrate:
• Joint bank or financial accounts
• Joint residential lease
• Mortgage or purchase agreement for real estate
• Affidavits from people who know your relationship is genuine
• Any other proof of your authentic relationship

Yes! Foreign National’s residing in Canada with no immigration status can be sponsored under the spousal or common-law sponsorship program. If approved, they can receive permanent residency in Canada. It is important to speak to an immigration lawyer to discuss the details and eligibility.

Canada allows spouses and common-law partners of Canadians or permanent residents to obtain an Open Work Permit while their Inland sponsorship application for permanent residence is being processed. Eligibility for an open work permit is the following:
• Have submitted an application under the Spousal/Common-Law Partner Sponsorship Immigration Program;
• Reside at the same address as the sponsor (spouse/common-law partner);
• Have a valid temporary resident status (as a visitor, student, or worker); and
• Meet all eligibility requirements under spousal or common-law partner sponsorship, your spouse must meet all the eligibility requirements.

The Spousal Sponsorship program aims to reunite families, it can be complex and challenging. The top 10 common issues faced by sponsors are some of the following:

1. Applying Without Eligibility

2. Failing to Meet Income Requirements

3. Insufficient Proof of Relationship

4. Application Errors

5. Missing Documents

6. Failing to Pay Application Fees

7. Criminality Issues

8. Quebec-Specific Requirements

9. Conjugal Partners

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.

A Marriage Certificate is the most important document to prove your marriage. In Canada the Marriage Certificate is different than a Marriage License or a Record of Solemnization. IRCC only accepts a Certificate of Marriage. An Immigration spousal sponsorship can assist to expedite the issuance of the certificate allowing you to obtain the certificate in weeks not the routine processing time of months.

You may withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada. You may be able to get a refund if the government hasn’t begun processing your application.

Unless your decision letter states otherwise, you may reapply for the spousal sponsorship. Often this could be the most expedient way to sponsor your spouse.

Spousal Sponsorship Interviews: Interviews serve to assess the genuineness of relationships under the spousal sponsorship program. These interviews are crucial for determining the validity of the application and preventing fraud.
Importance of Truthfulness: Applicants are advised to provide accurate information during the interview. Any discrepancies between the interview answers and the application details can lead to refusal.
Professional Assistance: It is recommended to seek help from an immigration lawyer to prepare for the interview. A lawyer can review the application, identify potential concerns, and guide applicants through the process, including appealing refusals if necessary.
Interview Preparation: While it’s impossible to predict all questions, applicants should be ready to answer questions about their relationship and personal life. Patience and attentiveness during the interview are emphasized, along with providing succinct answers.

Spousal Sponsorship applications are returned as ‘incomplete’ if there is vital information or supporting documents missing. These can vary from missing information on forms or omiting to include a certificate or proper photos. Having an incomplete application can delay processing your application by months and be frustrating. It is important to get it right the first time and hire an immigration lawyer to guide you through a complicated process. For more information on incomplete returns see incomplete spousal applications here.

Spousal Sponsorship Guide – List of forms required

Document Checklist (IMM 5533): This form provides a comprehensive list of all the required documents for the sponsorship application.
Sponsorship Agreement and Government Undertaking (IMM 1344): The sponsor must complete this form, along with the person being sponsored (principal applicant).
Generic Application Form for Canada (IMM 0008): The principal applicant must fill out this digital form online
Country-Specific Generic Application Forms: Depending on the country where the person being sponsored lives, there may be additional forms specific to that country.
Additional Family Information (IMM 5406): This form collects additional details about your family members.
Financial Evaluation Form (IMM 1283) (if applicable): If required, complete this form to evaluate the sponsor’s financial capacity to support the sponsored person.
Background Declaration Form (IMM 5669): Both the sponsor and the principal applicant must complete this form.
Sponsorship Evaluation and Relationship Questionnaire (IMM 5532): This form provides information about the sponsor and their relationship with the principal applicant.

It is important to consult an spousal sponsorship lawyer to advise your of the specific forms required for your circumstances in your spousal sponsorship application.

In a spousal sponsorship, the sponsor is ineligible if they hold the following:

Are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner, and it hasn’t been three years since they became a permanent resident.
You haven’t complied with the residency requirement for permanent residents (residing in Canada 2 out of every 5 years).
Previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
Are in default on an immigration loan or a performance bond.
Did not pay court-ordered spousal or child support.
Have declared bankruptcy which has not been discharged.
Were convicted of certain criminal offenses.
Are sponsoring a spouse or partner and you were previously sponsored as a spouse, commonlaw or conjugal partner and became a permanent resident of Canada less than five years ago.
Are under a removal order (meaning that you could be deported from Canada).
Are in a penitentiary, jail, reformatory or prison.

It is important to consult an spousal sponsorship lawyer to advise on your on specfic circumstances in your spousal sponsorship application.

The Lonely Canadian Rule, also known as the Other Relative Program, allows Canadian citizens or permanent residents to sponsor certain extended family members to immigrate to Canada. Under this program, you can sponsor one adult son or daughter, brother, sister, uncle, aunt, niece, or nephew. If the extended family member is married or has children, they can bring their immediate family with them to Canada. However, the person being sponsored must be related to the sponsor by blood. To be eligible, the Canadian sponsor must not have a spouse, common-law partner, child, parent, grandparent, or foreign relative who can be sponsored. The program aims to favor individuals who lack close family relations in Canada and have no possibility of sponsoring immediate family members. Keep in mind that the usual sponsorship rules apply, and the sponsor commits to financially supporting their relative for ten years after immigration.

It is important to consult a sponsorship lawyer to advise on your on specfic circumstances in your spousal sponsorship application.

Do you want to know if you qualify for Canada spousal sponsorship? Contact us today.

Spousal Sponsorship Application Process

Step 1: Gather Documents

Documents and Forms: The first step involves meeting with your sponsorship lawyer to begin collecting all the required documents and completing forms for your spousal sponsorship application.

Step 2: Review and Submission

Once you have gathered all the necessary documents and completed the required forms, your spousal sponsorship lawyer can submit your application via the PR Portal.

Step 3: Completeness Check and AOR (Acknowledgement of Receipt)

IRCC will perform completeness check about 2-4 months after submission. If all required documents and forms are in order, you will receive an Acknowledgement of Receipt (AOR), confirming that your application has been received and is being processed.

Step 4: Medical and Background Checks

Your application will then proceed to the medical and background checks stage. IRCC will request performance of medical exam. This usually occurs within 5 months of submission.

Step 5: Final Decision

After completion of medicals and background checks, immigration authorities will assess eligibility in the program to determine if there is a genuine relationship.

Hire an Expert Spousal Sponsorship Lawyer in Toronto

Let an expert Spousal Sponsorship Lawyer help you and prepare your sponsorship application:

Help you and your spouse through the spousal sponsorship process from start to finish.
Customize your spousal sponsorship based on your circumstances.
Review all documentation and supporting evidence for your Canada spousal sponsorship application.
Draft forms, letters and supporting documents for your spousal sponsorship.
Provide expert legal submissions for the spousal sponsorship application.
Communicate with immigration authorities on your behalf during the spousal sponsorship process.
Update you on the progress of your sponsorship application.
Spousal Sponsorship help throughout the process to give you peace of mind and ensure success.

Family Sponsorship

Sponsor your spouse, common-law partner, child or parents.

The sponsorship process typically involves submitting an application to the immigration authorities, providing various supporting documents, and meeting specific eligibility criteria. This process aims to ensure that sponsors have the means to support their family members financially and that they are genuinely in a legitimate relationship with their spouse or common-law partner.

It is essential to recognize that immigration laws and sponsorship requirements may differ significantly from one province to another. Therefore, it is crucial for individuals considering sponsoring their family members to consult with an immigration lawyer or seek guidance from the relevant government immigration authorities to understand the specific regulations and requirements that apply to their situation.

The overall goal of family sponsorship is to promote family reunification, allowing loved ones to be together and foster a supportive and stable environment for their integration into the new country.

Spousal Sponsorship Canada

Bring Your Loved One Home: Sponsor Your Spouse or common-law Partner for Permanent Residency in Canada!

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Common-Law Sponsorship

If you and your partner are not married, you may still be eligible to sponsor your partner if you are in a common-law relationship. A common-law relationship exists where partners have resided together for a minimum of one year and are in a mutually exclusive relationship.

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