Anaya Nolan
The Canadian spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouses or common-law partners who live with them in Canada and have temporary resident status. There is no required length of time that you must be married before submitting the application. However, it is important to ensure the marriage is genuine and a legally recognized relationship. The process can be long, and it is recommended to prepare for life in Canada well in advance. The processing time for spousal sponsorships has increased over the years, rising from 13 months in 2019 to 18 months in 2022.
| Characteristics | Values |
|---|---|
| Common-law partner definition | The sponsored person and the sponsor have lived together in a conjugal relationship for at least one continuous year |
| Common-law partner sponsorship validity | 3 years from the day the common-law partner becomes a permanent resident |
| Common-law partner sponsorship application time | No required length of time that you must be married before submitting the application. As soon as you have obtained the marriage certificate and meet the eligibility requirements, you can submit the application |
| Common-law partner sponsorship processing time | 18 months in 2022, 12 months for family class sponsorship applications for permanent residence, 6 months for Express Entry applications |
| Common-law partner sponsorship application requirements | Submit all documents and information, pay application and biometric fees, provide biometrics, inform of any contact information changes |
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What You'll Learn
Processing times
The Canadian spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouses or partners to come to Canada and live permanently. This program facilitates family reunification by allowing Canadian citizens or permanent residents to bring their loved ones to live with them in Canada.
There are certain steps that can be taken to help ensure that the application is processed as quickly as possible. These include submitting all requested documents and information, paying application and biometric fees, providing biometrics as soon as possible, and keeping IRCC informed of any changes in contact information.
It is important to note that the steps in a spousal sponsorship application are not sequential, and they can happen in any order with varying amounts of time between them. Some of the major steps include biometrics, medical, eligibility, background check, and sponsor approval.
Additionally, IRCC may request additional evidence or an interview if they have concerns about the legitimacy of the application. Applicants should be prepared for the process to take a full year and should not compare their timeline to that of others, as this can vary significantly.
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Required documents
The length of time it takes to process a common-law sponsorship application varies. Family class sponsorship applications for permanent residence can take up to 12 months, while Express Entry applications have a service standard of six months. The processing time for sponsorships has increased from 13 months in 2019 to 18 months in 2022.
Quebec-destined spouses face additional delays in processing – currently 26 months (in-Canada) and 37 months (overseas) – compared to other applicants.
The major steps in the application process are Biometrics, Medical, Eligibility, Background Check and Sponsor Approval. It is important to note that none of these steps are sequential, and they can happen in any order, with any amount of time between them.
There is a specific list of documents that must be submitted to IRCC to prove your common-law relationship. Here are some of the documents that can be presented as proof of a common-law relationship:
- Proof of Relationship Document: This document proves the applicant's relationship with the person or family member inviting them to Canada. Acceptable documents include a marriage certificate or a Statutory Declaration of Common-Law Union (IMM5409).
- Identity Document: This is a valid visa or electronic travel authorization (eTA), if applicable.
- Proof of Financial Support: Applicants must demonstrate that they have enough money for their stay in Canada. The amount needed depends on the length of the stay and whether the applicant will stay in a hotel or with friends/relatives.
- Proof of Intent to Reside in Canada: If the Canadian citizen lives abroad, they must demonstrate an intent to reside in Canada once their sponsored relative becomes a permanent resident.
- Biometrics: Applicants must provide their biometrics as soon as possible if required.
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Eligibility criteria
To be eligible for common-law sponsorship in Canada, the sponsor and sponsored person must meet specific requirements. Firstly, the sponsor must be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident of Canada aged 18 or older. They must also promise to provide financial support for the basic needs of their family members and any dependent children.
The sponsored person must be at least 18 years old and have valid temporary status in Canada, either as a worker, student, or visitor. They must be the spouse, common-law partner, or conjugal partner of the sponsor, living together in a conjugal relationship for at least one continuous year. A common-law partnership is defined as cohabiting in a marriage-like relationship for at least 12 consecutive months. To prove the duration and nature of the relationship, various documents can be submitted, including birth certificates, marriage certificates, photos, proof of shared expenses, and letters or emails.
If the sponsored person is a foreign national, they must be approved by Immigration, Refugees, and Citizenship Canada (IRCC). They do not need to have valid temporary status in Canada if they do not reside in the country. However, if they are already in Canada and wish to continue working or studying, they must apply for an extension before their permit expires. Leaving Canada may automatically cancel their temporary resident status.
Inland sponsorship, which applies when the couple is living together in Canada, requires the sponsored person to have valid temporary status in Canada. During the processing of an Inland sponsorship application, the sponsored person can continue to live, work, or study in Canada. Quebec, which has its own immigration system, may have longer processing times than other provinces.
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Permanent residency
The spousal sponsorship program in Canada allows Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency. This enables families to unite and loved ones to live together in Canada. The process involves several steps, and the length of time it takes can vary depending on individual circumstances.
Eligibility and Requirements
To be eligible for common-law sponsorship, the Canadian citizen or permanent resident must be in a relationship with a foreign national and must demonstrate their ability to provide financial support for their partner and any dependent children. The sponsored person can apply for an Open Work Permit to work in Canada during the processing of their spousal sponsorship application.
Processing Time
The Canadian government aims to process spousal sponsorship applications within 12 months, but the time can vary. The processing time for applicants living outside Canada is generally 11 months, while those inside Canada can expect a longer wait, approximately 34 months for applicants in any province excluding Quebec, and 38 months for those in Quebec.
Steps Involved
The steps in the spousal sponsorship process include providing biometrics, medical exams, verifying eligibility, collecting supporting documents, and completing the required forms. These steps can happen in any order, and there may be long periods of silence between them. The final step is the evaluation of the sponsored person's application for permanent residence, which takes approximately 6 months.
Documentation
The documentation required for common-law sponsorship includes proof of relationship, such as leases, government IDs, photos, letters of support, birth certificates, marriage certificates, and documents proving recognition as common-law partners. Passports, police certificates, and medical exams are also necessary.
Additional Considerations
It is important to note that the sponsored person cannot include family members other than dependent children on their application. Additionally, the sponsor must reside in Canada, and permanent residents living abroad cannot sponsor from outside the country. There is a five-year sponsorship bar, which means that if a spouse or partner was previously sponsored, they cannot sponsor a new spouse or partner within five years of becoming a permanent resident.
In conclusion, the process for obtaining permanent residency through common-law sponsorship in Canada can vary in length, but applicants can generally expect a timeline of around one year or longer. The process involves several steps, documentation, and eligibility requirements, and it facilitates family reunification by allowing Canadians to sponsor their loved ones to live with them in Canada.
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Work and study permits
If you are applying for spousal sponsorship in Canada, you can apply for an Open Work Permit (OWP) while your application is being processed. This will allow you to work full-time in Canada and alleviate potential financial hardship caused by lengthy application processing times.
Inland sponsorship
If you are applying for Inland sponsorship, the foreign spouse or common-law partner must have valid temporary status in Canada as a worker, student, or visitor. During the processing of an Inland sponsorship application, the sponsored person will be able to continue to live, work, or study in Canada. IRCC's targeted processing period for spousal sponsorships is approximately 12 months. The current processing times for the approval of Inland spousal sponsorship applications are also approximately 12 months. However, if you are applying for residence in Quebec under Inland sponsorship, the processing period can extend to around 38 months. This is due to the province's unique immigration dynamics and rules, and the fact that Quebec limits the number of family sponsorships each year.
Outland sponsorship
If you are applying for Outland sponsorship, your spouse or partner is not required to have valid temporary status in Canada, as long as the sponsored partner does not reside in Canada. In 2023, IRCC revised their eligibility rules for spousal OWPs, allowing eligible applicants under the Outland sponsorship program to also access these work permits as their applications are processed.
Work permit processing times
The processing time for work permits is approximately 4 months. However, it's important to note that processing times can vary depending on individual circumstances.
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Frequently asked questions
The processing time for spousal sponsorships in Canada has increased from 13 months in 2019 to 18 months in 2022. However, it's important to note that the steps in a spousal sponsorship are not sequential, and each step can happen at any time and in any order, with varying amounts of time between them. The major steps include biometrics, medical, eligibility, background check, and sponsor approval.
To qualify for common-law sponsorship in Canada, the sponsored person and the sponsor must have lived together in a conjugal relationship for at least one continuous year. Same-sex marriages and relationships are acknowledged, and you can submit a sponsorship application as long as the eligibility criteria are met.
There is a specific list of documents that must be submitted to IRCC to prove your common-law relationship. These may include a marriage certificate, proof of relationship, identity document, and other additional evidence to strengthen your application.
If you already have a valid work or study permit, you may continue to work or study as long as the permit is valid. It is illegal to work or study without authorization from IRCC. Open work permits can be issued to those who have arrived in Canada and are awaiting a decision on their permanent residence application.
