Stay Together: A Guide to Spousal Sponsorship in Canada


Stay Together: A Guide to Spousal Sponsorship in Canada
Do you want to know your eligibility for Canadian Spousal Sponsorship?
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We often hear from couples who are worried about keeping their family together. They want to feel safe and secure in Canada and are often overwhelmed by the complicated immigration process. Through spousal sponsorship, Canadian citizens and permanent residents can apply to bring and keep their spouses in Canada.
Our team has worked with thousands of applicants to ensure a smooth spousal sponsorship process. We understand that staying together and being able to get your life on track is what’s most important. So whether you’re interested in living in Canada for better education, employment opportunities and better healthcare or looking for a great place to get married and start a family, Canadian spousal sponsorship may be the right option.
Canada’s immigration system offers plenty of pathways aiming to keep and bring families together. Spousal sponsorship is just one of many. However, with so many immigration options and processes, spousal sponsorship can become confusing, especially with the added stress of not wanting to be denied and the pressure of what that could mean for your future.
When you start with My Visa Source’s free online assessment, we can help you work out all the details to relieve some of that stress. If you have concerns about your unique situation, know there is always an option to explore. Are you interested in sponsoring someone with health complications? Does your spouse need to overcome criminality? Have you sponsored a partner in the past? Whatever your concern may be, our team has probably heard it before.
We are passionate about working to reunite families in Canada and help you reach your immigration goals. Canadian spousal sponsorship is a solution to keeping you and your partner together in a place you want to be. At My Visa Source, we’re happy to help make that happen.
Spousal Sponsorship Processing Time
Spousal sponsorship applications are typically processed in about 12 months.
This time may vary depending on the IRCC’s situation when you apply. You can check for accurate wait times on Canada’s IRCC website.
Once on the website, you can select the type of application you want to check on (family sponsorship, spouse inside or outside of Canada). The website will generate the processing time for your chosen application.
Who is Eligible for Spousal Sponsorship?
To sponsor your spouse, common-law partner or conjugal partner, you must:
- Be at least 18 years old
- Be a Canadian citizen, permanent resident, or a registered Indian under the Canadian Indian Act
- Live in Canada or intend to live in Canada after your spouse becomes a permanent resident
- Financially support your spouse for three years after they arrive in Canada
What Relationships are Eligible for Spousal Sponsorship?
If you are in one of the following relationships, you can become a sponsor for your partner.
Married
You are a Canadian citizen or permanent resident, and your spouse does not have permanent status in Canada.
Common-Law Partnership
You and your partner have been living together for at least one year, but your partner does not have permanent status in Canada.
Conjugal Partnership
You and your partner have been in a close relationship for at least one year but have been unable to live together or get married.
Are you looking to sponsor your parents, grandparents or dependent children? Learn more about Canada’s family class of immigration.
Sponsorship for LGBTQ+ Relationships
Same-sex relationships are applicable for sponsorship if you are married, common-law partners, or conjugal partners.
If you and your partner were married outside of Canada, you’d need to ensure that your marriage is legally recognized in that country to be recognized in Canada. Common-law partners can prove their relationship by showing that their finances are together, their names are on a lease together, and by sharing messages with each other. If you are conjugal partners, you may be interested in coming to Canada to get married and be together if you cannot do so in your home country for any reason.
Same-sex marriages have been officially recognized in Canada since 2005. As a result, spousal sponsorship for same-sex partners works essentially the same as it would for heterosexual partners.
Changing Your Name, Sex or Gender Identifier
You can most definitely change your name and gender identity on your application, and you can change them both at the same time. Doing this will not impact the way your application is considered at all. With your application, you can submit an additional document, a Request for a Change of Sex or Gender Identifier form. This form does not require you to provide any supporting documents. If you are travelling from out of Canada, your name and sex should match with your travel documents, like your passport, to ensure a smooth arrival at the airport or border.
Types of Spousal Sponsorship
Depending on where your spouse lives, you can sponsor them via Inland or Overseas spousal sponsorship.
Inland Spousal Sponsorship
Your spouse or partner is already living with you in Canada, and you can financially support them. Your spouse will also become eligible for an open work permit. You’ll need to stay in Canada while your application is being processed, so if that is not possible, you should consider applying for Overseas sponsorship instead.
Overseas Spousal Sponsorship
Also known as Outland Sponsorship. Your spouse or partner is living in another country, and you want to bring them to Canada. You should be able to support your spouse once they arrive. As a sponsor, you cannot apply for spousal sponsorship again for a new partner for at least five years.
How Can I Apply?
You’ll need to gather various supporting documents to submit with your spousal sponsorship application. One of the most crucial parts of your application is demonstrating that your relationship is genuine. Some evidence you may need to supply includes the following:
- A completed relationship information and spousal evaluation questionnaire
- Your marriage certificate
- Wedding invitations and photos
- Birth certificates or adoption papers for your children
- Proof of marriage registration
Application Denied?
The IRCC could deny your application for several reasons. If this happens to you, you may be able to appeal the refusal to the Immigration Appeal Division (IAD).
Some of the most common reasons for spousal sponsorship applications to be denied include:
- The applicant is not eligible for sponsorship
- The spouse or partner is not eligible to be sponsored
- Insufficient supporting documentation
- Mistakes in your application
- Failure to provide complete and accurate information or providing false information
- The relationship is found to be ingenuine
- Criminal inadmissibility
Additionally, you can be barred from spousal sponsorship if:
- You have previously sponsored a spouse, and it has been less than three 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 five years
- You were issued a removal order
- You are in jail
- Your application is already under processing
If you are facing any challenges in your sponsorship journey, contact My Visa Source to learn more about your options and how you can best proceed.
Spousal Sponsorship FAQs
You may qualify to apply for an open work permit if you have applied through inland spousal sponsorship. Learn more about the open work permit for inland spousal sponsorship.
You can sponsor your spouse if they have been charged with a crime. However, your spouse may need to overcome their criminality if deemed inadmissible.
While you are expected to support your spouse after they arrive in Canada, you do not need to demonstrate any minimum income to sponsor your spouse.
Ready to Take Your First Steps Toward Spousal Sponsorship?
Start with My Visa Source’s free online assessment today.We understand the worries that come with putting together a spousal sponsorship application. It can be overwhelming, especially when your primary concern is keeping your family together.
With My Visa Source on your side, you’ll have experienced, award-winning immigration lawyers dedicated to your case. We’ll help you submit the strongest application possible to aim for your best chance at success. Our team has helped thousands of immigration applicants from over 120 countries for over a decade, and we would love to help you too.
Book a personal consultation with an expert immigration lawyer in-person, over the telephone, or via video conference today. We’re available to speak with you from 6 am to 9 pm PST and EST, seven days a week.
So what are you waiting for? Let’s get your immigration journey started.
Take one minute to complete our online assessment form or call us toll-free at 1-866-940-0695.