Spouse or Common-Law Partner
Sponsorship of Spouse or Common-Law Partner
Sponsoring a spouse or common-law partner is a means for Canadian citizens and permanent residents to support their loved ones in gaining permanent residency in Canada. This program is a crucial component of the Canadian immigration system, designed to assist spouses or common-law partners in achieving permanent resident status.
Spousal sponsorship applications are given priority, with Immigration, Refugees, and Citizenship Canada (IRCC) striving to complete the decision-making process within a year. Seeking professional guidance from experienced immigration consultants can streamline the application procedure, making it easier for your loved ones to reunite with you in Canada.
Spousal Sponsorship Categories
- Spouse: This category includes husbands, wives, or legally recognized partners.
- Common-Law Partner: This pertains to individuals in a cohabiting relationship with their partner.
- Conjugal Partner: This category refers to individuals in a committed relationship equivalent to marriage for at least one year, even if they haven't lived together due to valid reasons such as visa constraints, job relocations, or foreign studies.
- Being at least eighteen years old.
- Being a Canadian citizen or a permanent resident currently living in Canada or intending to return.
- Not relying on social assistance, unless it's due to disability reasons.
- Having the ability to meet the basic needs of your spouse and any dependent children.
Sponsor's Responsibilities
As a sponsor, you are required to provide a commitment as part of the application, ensuring consistent financial support for your spouse and dependent children. This support covers essential necessities like food, housing, clothing, personal care, and healthcare expenses not covered by Public Health Insurance. This commitment becomes active once your spouse or common-law partner attains permanent resident status and typically lasts for the duration of the undertaking, which is typically three years. The authority responsible for approving spousal sponsorship applications is Immigration, Refugees, and Citizenship Canada (IRCC), and once submitted, the undertaking cannot be withdrawn or cancelled during its validity period.
Applicants who receive disability benefits or Employment Insurance Benefits can still sponsor a spouse, provided they have enough income to financially support their spouse and are not undergoing ongoing bankruptcy proceedings.
Outland and Inland Sponsorship
- Inland Sponsorship: This applies when both the sponsor and the spouse are in Canada, and the sponsored individual holds temporary resident status as a visitor, student, or worker. The processing of the inland sponsorship application takes place within Canada.
- Outland Sponsorship: The processing of the application occurs in the country where the sponsored spouse or partner legally resides. Even if the spouse is in Canada, the sponsor may use the same application for outland sponsorship. This category allows the applicant to appeal a refusal, whereas inland sponsorship applications do not provide an option to appeal against refusal.
Applying for Spousal Sponsorship
Ensuring that both you and your loved one meet the eligibility criteria is crucial before embarking on the sponsorship application. Consulting a reputable immigration expert can assist you in submitting a comprehensive application and ensuring a swift processing of the spousal sponsorship request.
The application process involves the following standard steps:
- Download the application package from a relevant government website, which contains instructions and guidelines to prevent errors.
- Pay the necessary fees through the online portal.
- Follow the provided instructions for application submission.
- Submit the required supporting documents.
Proof of Relationship
- Providing relationship information through an evaluation questionnaire.
- Adoption records, marriage certificates, and birth certificates.
- Photos demonstrating your relationship.
- Documents such as insurance policies or employment benefits listing both partners.
- References from social media, email communications, or letters showcasing your relationship.
- Bills or other evidence indicating shared expenses.
Application refusals may occur due to reasons such as inadequate documents for relationship validation, errors in application forms, misrepresentation, or failure to meet eligibility criteria.
Seeking the guidance of Nexus Migration, experienced spousal sponsorship consultants that can help you avoid setbacks.
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