Canada understands the value of familial relationships and wants to keep and bring families together. The Family Class Immigration category allows for different types of spousal sponsorships.
The Canadian spousal sponsorship allows you to sponsor your spouse, conjugal partner, or common-law partner for permanent residency in Canada.
Both you and your spouse must be approved by the government body of Immigration, Refugees, and Citizenship Canada (IRCC).
You must meet the following requirements to be eligible to sponsor your spouse:
Be of 18 years or older
Be a Canadian citizen, a permanent resident, or a registered Indian under the Canadian Indian Act
Reside in Canada or intend to live in Canada after your spouse is granted permanent residency
Financially support your spouse for 3 years
What Kind of Supporting Documentation is Required for Spousal Sponsorship?
If you are sponsoring your spouse, then the following proof of your relationship will be required:
Completed relationship information and sponsorship evaluation questionnaire
Wedding Invitation and photos
Birth certificates or adoption papers for any children you might have
Proof of marriage registration with a government authority
What are Alternative Definitions of Spousal Relationships?
Common-Law Partnership: A common-law partnership is a couple that has been living together for 12 consecutive months and is not legally married.
Any time spent away from each other was because of valid obligations and was short and temporary.
Same-sex relationships are also included in this definition.
Conjugal Partnership: A conjugal partner is someone who has had a close relationship with you for 1 year but you were not able to live together or get married typically due to immigration or other legal barriers.
They will be eligible for spousal sponsorship. You can not apply as conjugal partners if you are both residing in Canada.
This definition is valid for both opposite and same-sex relationships.
What are the Different Types of Spousal Sponsorship?
Inland Spousal Sponsorship: You can sponsor your spouse through Inland Spousal Sponsorship as a Canadian citizen or permanent resident if they are already living with you in Canada.
You must be able to support them financially during their stay. The sponsored person will be required to clear all admissibility requirements for permanent residency.
They will also be eligible to apply for an open work permit. The applicant can not travel outside Canada while your application is being processed.
Overseas Spousal Sponsorship: Overseas Spousal Sponsorship (also referred to as Outland Spousal Sponsorship) allows you to sponsor your spouse or common-law partner living in another country.
You must financially support your spouse and not be an applicant for spousal sponsorship in the 5 years preceding the application.
You may have a right to appeal to the Immigration Appeal Division (IAD) if your sponsorship application is refused.
What Else You Need to Know About Spousal Sponsorship?
Spousal sponsorship does not require you to demonstrate minimum income to sponsor your spouse. However, you must support your sponsored spouse financially for a maximum period of 3 years.
You could be barred from spousal sponsorship if:
You have previously sponsored a spouse and, it has been less than 3 years since they became a permanent resident
You did not pay social assistance received by your previous sponsor
You have defaulted on your immigration loan or performance bond
You failed to pay alimony or child support
You declared bankruptcy, which has not been discharged
You were convicted of a crime either violent or sexual in nature, or caused bodily harm
You were sponsored through spousal sponsorship in the last 5 years
You were issued a removal order
You are in jail
Your application is already under processing
Frequently Asked Questions (FAQs) About Spousal Sponsorship
If you are divorced, then you can apply for a spousal sponsorship. However, if you were an applicant for spousal sponsorship in the last 5 years preceding the application, then you are not eligible for a spousal sponsorship.
You do not need to demonstrate any minimum income level to sponsor your spouse.
Why Contact Herr Law Group for an Assessment?
Congratulations on taking your first step towards the Spousal Sponsorship process in Canada.
Immigration lawyers at Herr Law Group dedicate themselves to your immigration case, providing legal representation tailored to your personal situation.
Our expertise focuses on immigration and visa programs for Canada, including global immigration.
Partnering with an award-winning immigration team greatly increases the likelihood of achieving your specific immigration or visa goals.
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
Begin Your Application for Spousal Sponsorship Today!
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