What’s a Spousal Sponsorship in Canada and how it works?

A Canadian citizen or permanent resident has the privilege to sponsor their spouse or common-law partner to relocate to Canada. Upon successful sponsorship approval, the sponsored person becomes a permanent resident. Here, we will share our comprehensive guide to spousal sponsorship with you. 

How does the Canada Spousal Sponsorship Program work?

The spousal sponsorship program is crucial to the Family Class category in Canadian immigration. 

Recognizing the importance of reuniting families, applications for spousal sponsorship are considered a top priority in Canada. 

Understanding how this program works is essential whether you are the sponsor or the sponsored person. 

Before starting the application process, many factors must be considered, from eligibility criteria to financial requirements and legal obligations. Careful preparation is critical for success.

What are the Eligible Relationship Types for Canada Spousal Sponsorship?

1. Spousal sponsorship

In Canada, your spouse is considered the partner you are legally married to. Some documents to prove this are: 

• Marriage certificate.
• Evidence of shared residence, such as a mortgage, taxes, or lease agreement.
• Wedding invitations and photos.
• Records from other organizations or government authorities displaying a marital relationship.
• When you have children together, you are required to present birth certificates or adoption papers for any children.

This applies to both opposite and same-sex relationships.

2. Common-law sponsorship

A common-law partner is someone you have lived with in a marriage-like relationship for at least one year, even though you are not legally married. 

It's important to demonstrate a high level of commitment, which can be evidenced in various ways.

• Statutory declaration of common-law relationship.
• Tax records that display that you live at the same address. 
• Evidence of property ownership or one year of shared rent.
• Joint bank accounts. 
• Insurances. 
• Pictures showcasing your loving and committed relationship with your common-law partner. 

3. Conjugal partner sponsorship 

A conjugal partner is a person living outside of Canada with whom you have a romantic and committed relationship for at least one year. 

However, circumstances such as immigration barriers, religious motivations, or sexual orientation may prevent you from living together. 

To prove their circumstances, the couple must submit documentation illustrating the challenges or limitations preventing them from residing together or entering marriage.

Also provide evidence of significant emotional and interpersonal ties to immigration officers to show your serious, committed relationship and intention to remain together long-term.

Who can sponsor their spouse in Canada?

You may sponsor your spouse (wife, husband, conjugal partner or common-law partner) for Canadian immigration if you:

• Are at least 18 years old
• Are a Canadian citizen, a permanent resident living in Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.
• Live in Canada or intend to relocate to Canada once your spouse or partner achieves permanent residency in the country.
• Can demonstrate that you are not accepting social aid for reasons other than a disability.
• Are capable and willing to provide financial support for your spouse or partner for three years.

What’s the income required to sponsor your spouse in Canada?

In Canada, you typically don't need a minimum income when sponsoring your spouse, common-law partner, or conjugal partner. However, you must agree to support the person you sponsor for about three years financially.

You can prove your financial stability by providing various documents, such as:

• Employment letters.
• Proof of assets.
• Bank statements.
• Income tax returns.
• Evidence of investments.

What ongoing responsibilities do you have if you sponsor through spousal sponsorship?

When you sponsor a spouse, conjugal partner, or common-law partner, you are responsible for providing their essential needs:

• Food, clothing, shelter, and other everyday living needs.
• Dental care, eye care, and other health needs not covered by public health services.

Why You May Not Be Eligible for Spousal Sponsorship

These are some of the specific situations that may stop you from sponsoring your spouse for Canadian immigration or could lead to rejection:

• If less than three years have passed since you sponsored a spouse to Canada who became a permanent resident.
• If you have a sponsorship application that is currently pending a decision.
• If it has been less than 5 years since you were granted permanent residency through spousal sponsorship.
• If you have declared bankruptcy. 
• If you are currently in prison. 
• If you have a criminal record involving a violent crime against a relative or partner.

Spousal Sponsorship Canada: Family Class (Outland) Vs. Inland

Spousal Sponsorship in Canada has two main streams: outland sponsorship and inland sponsorship.

1. Family Class (Outland) Sponsorship

If your spouse lives outside Canada or plans to travel outside Canada while processing the application, you should sponsor them under the outland sponsorship stream (Family Class). 

The visa office in your spouse's country of residence will process the application. Your spouse can join you in Canada before the permanent residence application is approved if they get a Visitor Visa for Canada.

The outland pathway offers the possible benefit of quicker processing times in some cases.

2. Inland Sponsorship

If you and your spouse already live in Canada, you can sponsor them under the inland sponsorship stream. The application will be processed inside Canada. 

During the application process, it is crucial to ensure that the sponsored partner holds legal status in Canada and remains present throughout the process.

A key advantage of sponsoring an inland application is that your spouse can also apply for a Spousal Open Work Permit, allowing them to work. In contrast, their permanent residence application is processed.

Keep in mind that with inland pathway, if the application is refused, your spouse will not have the right to appeal. This right is only granted with outland sponsorship applications.

3. Spousal Sponsorship in Quebec

If you wish to sponsor your spouse, common-law, or conjugal partner to Quebec, it's important to note that the Quebec immigration system operates differently from the rest of Canada.

One important distinction is that the Canadian citizen or permanent resident sponsoring their spouse must reside in Quebec at the time of application. 

They may need to show proof of their residency, such as a Quebec driver's license, utility bills, or lease agreements.

How to sponsor your spouse or common-law partner for immigration to Canada

To sponsor your spouse or partner for immigration to Canada, you must follow several steps, fulfilling specific requirements and submitting the mandatory documentation.

• Step 1: Check your and your partner's eligibility against IRCC requirements.

• Step 2: Use the IRCC tool to input your sponsorship application details and generate a personalized document checklist and application kit.

• Step 3: Follow the instructions in your application guide and prepare all necessary forms and supporting documents from your checklist.

• Step 4: Verify that all necessary documents are included.

• Step Five: Submit your paper-based Canadian spousal sponsorship application by compiling all required forms and documents and mailing them to the right IRCC office. Expect to receive a decision on your case within approximately 12 months after submission.

Having a qualified and experienced immigration consultant by your side before proceeding with the application is useful. They can save you long hours of studying the regulations and offer guidance on what needs to be done.

And most importantly, an experienced consultant will help you avoid problems and delays with your application. One simple mistake can result in a hold. 

At Parsam Inmigration, our comprehensive service includes form assistance, connecting you with an immigration lawyer, and timely submission of your application to the Canadian Government, all completed within a swift 30-day timeframe.

Conclusion

Canada's commitment to family reunification prioritizes the Spousal Sponsorship Canada program, a pathway for Canadian citizens and permanent residents to bring their spouses or partners to Canada.

However, the process involves stringent eligibility criteria, financial obligations, and legal responsibilities. 

Sponsors must understand these requirements to ensure a successful application. 

Seeking assistance from a qualified immigration consultant can be beneficial to navigate the complexities of the process and avoid potential delays.

At Parsam Immigration, we have helped hundreds of couples live happily in Canada. Let's make your dreams come true, start here.