Canada spousal sponsorship 2024
Spousal sponsorship program is a vital component of Canada’s family reunification efforts. The 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 detailed information on spousal sponsorship see below.
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.
Spouse Visa Canada
If the spousal sponsorship application is successful, Immigration Canada will approve a change in the partner’s immigration status to permanent resident of Canada. If the partner resides abroad at the time the application is submitted, Canadian immigration authorities will issue a Canada Spouse Visa (Confirmation of Permanent Residence) to the partner, and he or she will become a permanent resident of Canada only upon entering the country.
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.
Frequently Asked Questions
Sponsorship applications take approximately 12 months to process from start to finish. They are typically not processed much faster than 12 months, but they can take longer, depending on the nature of your case.
There is no minimum income requirement for a spousal sponsorship. 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 as long as you maintain legal 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.
Some common reasons for return of a spousal sponsorship application as incomplete or wholesale refusal are:
• Failure to provide updated forms or fees.
• Errors in information submitted.
• Failure to provide supporting documentation and/or evidence.
• Failure to provide sufficient evidence of the genuineness of their relationship.
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 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 show them:
• 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.
Do you want to know if you qualify for Canada spousal sponsorship? Contact us today.
Hire an Expert Spousal Sponsorship Lawyer
Let an expert Spousal Sponsorship Lawyer guide you and prepare your sponsorship application:
- Guide you and your spouse through the immigration process from start to finish.
- Customize your application based on your circumstances.
- Review all documentation and supporting evidence.
- Draft forms, letters and supporting documents.
- Provide expert legal submissions.
- Communicate with immigration authorities.
- Update you on the progress of your application.