Gavin Howe
The Spousal Sponsorship Program is a key part of Canada's immigration system, allowing Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency. The program aims to facilitate family reunification by allowing Canadian citizens or permanent residents to bring their loved ones to live with them in Canada. The Spousal Sponsorship program comprises two main classes: Family Class sponsorship and Spouse or Common-Law Partner in Canada Class. The latter is for applicants who live with their sponsor in Canada and hold or previously held valid immigration status in Canada.
Characteristics of the 'Spouse or Common-Law Partner in Canada Class'
| Characteristics | Values |
|---|---|
| Applicant's residence | The applicant lives with the sponsor in Canada |
| Applicant's immigration status | The applicant holds or previously held valid immigration status in Canada |
| Sponsor's residence | The sponsor lives in Canada or is a Canadian citizen planning to return to the country |
| Sponsor's citizenship | The sponsor is a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident of Canada |
| Sponsor's age | The sponsor is 18 years of age or older |
| Relationship status | The sponsor and the applicant are legally married or have lived together in a conjugal relationship for at least one continuous year |
| Sponsor's financial status | The sponsor has sufficient income or assets to support the applicant once they arrive in Canada and is not receiving income support benefits from any province or be in bankruptcy proceedings |
| Sponsor's social assistance status | The sponsor is not receiving social assistance for reasons other than disability |
| Applicant's admissibility criteria | The applicant meets admissibility criteria, including medical and criminal checks |
| Type of sponsorship | The sponsor can choose between inland sponsorship (if the applicant lives in Canada) or outland sponsorship (if the applicant lives outside Canada) |
| Work permit | The applicant may qualify for an Open Work Permit to work while the application is being processed |
| Processing time | The work permit application will normally be processed within four months |
| Interview | An interview may be required, and the applicant will be informed in writing about the date, time, and location |
| Undertaking | The sponsor will be responsible for the well-being and maintenance of the applicant for a period of three years from the day the applicant becomes a Canadian permanent resident |
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What You'll Learn
- Sponsoring a spouse or common-law partner who lives with you in Canada
- Sponsoring a spouse or common-law partner who lives outside Canada
- Financial requirements for sponsors
- Eligibility requirements for the sponsored spouse or partner
- Application process for the spouse or common-law partner in Canada class
Sponsoring a spouse or common-law partner who lives with you in Canada
To be eligible to sponsor a spouse or common-law partner in Canada, you must be a Canadian citizen, a Registered Indian, or a permanent resident of Canada who is 18 years of age or older. If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident. You cannot sponsor someone if you are a permanent resident living outside of Canada. Additionally, you must be able to prove that you are not receiving social assistance for reasons other than a disability and that you can provide for the basic needs of yourself, your spouse or partner, and any dependent children.
When sponsoring a spouse or common-law partner who lives with you in Canada, you must specify the "Class of Application" on the checklist you submit. You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or partner lives with you in Canada. Alternatively, you can apply under the Family Class sponsorship option. It is important to note that you cannot sponsor a spouse or common-law partner under the Conjugal Partner class if they are living in Canada.
To be eligible for sponsorship, your spouse or common-law partner must meet certain requirements. They must be in a genuine relationship with you, not solely for the purpose of obtaining permanent resident status. They must have lived with you for at least 12 consecutive months in a marriage-like relationship, without any long periods apart. Any time spent away during the 12-month period should be short and temporary, such as for family obligations or business travel. If you are sponsoring a common-law partner while still legally married to another person, you must provide proof that your marriage has broken down and that you have lived apart from your spouse for at least one year.
If you are sponsoring your spouse or partner and their child, you will put your spouse or partner as the principal applicant and the child as the dependent in the application. Any grandchildren and children from previous relationships must also be declared in the application, even if they are not accompanying your spouse or partner to Canada. All individuals included in the application must complete medical exams and pass background and security checks.
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Sponsoring a spouse or common-law partner who lives outside Canada
To be eligible for sponsoring a spouse or common-law partner from outside Canada, there are specific requirements that need to be met. 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 who is 18 years of age or older. Additionally, the sponsor must demonstrate their ability to provide basic needs and financial support for their spouse or partner and any dependent children. This includes meeting the income requirement if sponsoring a spouse or partner with dependent children.
The spouse or common-law partner being sponsored must meet certain criteria as well. They must be in a genuine relationship with the sponsor, not solely for the purpose of obtaining permanent resident status in Canada. The couple must have lived together continuously for at least 12 consecutive months in a conjugal relationship, without any extended periods apart. Any time spent apart during this 12-month period should be temporary and for valid reasons such as family obligations or business travel. If the marriage occurred outside of Canada, it must be legally recognized in the country where it took place and in Canada. Same-sex marriages and relationships are recognized by Canada, and sponsorship applications are accepted as long as eligibility criteria are met.
The application process for sponsoring a spouse or common-law partner from outside Canada can be done through Outland or Inland sponsorship. Outland sponsorship involves submitting the application outside of Canada at a visa office in the applicant's country of origin or legal residence for at least one year. The foreign spouse may enter and leave Canada during the application process if they are from a visa-free country or obtain the appropriate Canadian visa. Inland sponsorship, on the other hand, is filed in Canada, and the foreign spouse must remain in the country during the processing time. Foreign spouses with legal temporary status in Canada may apply for an Open Work Permit during this period.
It is important to note that there are certain circumstances that may affect eligibility for sponsorship. For example, if the sponsor has been sponsored by a spouse or partner and became a permanent resident less than five years ago, or if they have signed an undertaking for a previous spouse or partner within the last three years. Additionally, the sponsor must not have declared bankruptcy or been convicted of certain criminal offences.
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Financial requirements for sponsors
Sponsoring a spouse or common-law partner in Canada comes with several financial requirements and obligations. Here is a detailed overview:
Financial Eligibility
To be eligible to sponsor a spouse or common-law partner in Canada, there is no specific income requirement. However, sponsors must demonstrate that they have sufficient income or assets to support their spouse or partner upon their arrival in Canada. This means that sponsors must not be dependent on income support benefits from any province or be in bankruptcy proceedings. If you are receiving Employment Insurance benefits or disability benefits, you may still be eligible to sponsor your spouse.
Financial Undertaking Agreement
Sponsors are required to sign a undertaking agreement, promising to provide financial support for the basic needs of their spouse or partner and any dependent children. This agreement is a legally binding commitment that comes into effect as soon as the sponsored person becomes a permanent resident of Canada. The length of the undertaking is typically three years, during which sponsors are responsible for any financial assistance received by their spouse or partner.
Additional Costs
There may be additional costs associated with sponsoring a spouse or common-law partner in Canada. For instance, if the sponsored person has dependent children, an additional payment of $150 per child may be required as part of the application process. Furthermore, if the sponsor resides or intends to reside in Quebec, an additional fee of $289 CAD may also be applicable.
Financial Evidence
When applying to sponsor a spouse or common-law partner, it is essential to provide evidence of financial support or shared expenses between the sponsor and the sponsored person. This can include documents such as employment records or insurance benefits that indicate financial interdependence.
Social Assistance
Sponsors must ensure that their spouse or partner does not require social assistance from the government before signing the undertaking agreement. If the sponsored person does receive financial assistance during the sponsorship period, sponsors are obligated to repay the full amount received. Failure to do so will result in restrictions on sponsoring other eligible family members until the amount is repaid.
In summary, sponsoring a spouse or common-law partner in Canada requires financial stability, commitment to supporting the sponsored person's basic needs, and adherence to any additional costs and obligations outlined in the undertaking agreement.
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Eligibility requirements for the sponsored spouse or partner
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. The program aims to facilitate family reunification by allowing Canadian citizens or permanent residents to bring their loved ones to live with them in Canada.
- The sponsored person must be at least 18 years old.
- 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 who is 18 years of age or older.
- The sponsor must promise to provide financial support for the basic needs of the sponsored person and their dependent children. This includes medical expenses not covered by public health insurance, such as dental and eye care.
- The sponsor must meet all of the sponsorship eligibility requirements, as outlined in subsection 130(1) of the IRPR.
- The sponsored person must be the spouse, common-law partner, or conjugal partner of the sponsor. A spouse is legally married to the sponsor, a common-law partner has lived with the sponsor in a conjugal relationship for at least one continuous year, and a conjugal partner has been in a genuine and continuing relationship with the sponsor for at least one year but has been unable to live together or marry due to extenuating circumstances.
- Both the sponsor and the sponsored person must pass background, security, and medical checks.
- The sponsor must show that they have sufficient income or assets to support the sponsored person once they arrive in Canada. There is no specific income requirement, but the sponsor must not be receiving income support benefits from any province or be in bankruptcy proceedings.
- If the sponsor resides in Quebec or intends to reside in Quebec, an additional fee of $289 CAD is required.
- The sponsored person must hold or have previously held valid immigration status in Canada.
- The sponsor and the sponsored person must submit all required documents and information, pay the application and biometric fees (if required), and provide their biometrics (if necessary).
It is important to note that these are general eligibility requirements, and specific cases may vary. For detailed information about the requirements for each class of sponsorship, refer to Part 7 of the Immigration and Refugee Protection Regulations.
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Application process for the spouse or common-law partner in Canada class
The Spousal Sponsorship Program is a key part of Canada's immigration system, allowing Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency. The program aims to facilitate family reunification by allowing Canadian citizens or permanent residents to bring their loved ones to live with them in Canada.
The Canadian government allows Canadian citizens and permanent residents who are in a relationship with a foreign national to sponsor that person to join them and become a permanent resident of Canada. To be eligible for sponsorship, the sponsor must be a Canadian citizen or permanent resident, be at least 18 years old, not receive social assistance (unless for disability), and be capable of financially supporting their spouse.
The spouse or partner must meet admissibility criteria, including medical and criminal checks. They must also have valid immigration status in Canada and may need to apply for a Visitor Record if they wish to stay in Canada longer.
There are two main options for spousal sponsorship: Outland and Inland. For Outland sponsorship, the spouse or partner must live outside Canada and cannot live with the sponsor in their country of residence due to significant legal and immigration reasons. For Inland sponsorship, the spouse or partner must live with the sponsor in Canada and have valid temporary status in Canada, either as a worker, student, or visitor.
Inland sponsorship applicants may qualify for an Open Work Permit, which will allow them to work full-time while their application for permanent residence is being processed. The Open Work Permit pilot program, which allowed the issuance of open work permits prior to first-stage approval, has ended. Now, applicants must receive first-stage approval before they can receive an Open Work Permit. The work permit will normally be processed within four months.
The length of the undertaking for spousal sponsorship is three years from the day the sponsored individual becomes a Canadian permanent resident, except for Quebec residents, who have a different length of undertaking.
To apply for spousal sponsorship, the Canadian citizen or permanent resident will need to apply to become a sponsor, and the foreign spouse or partner will need to apply for permanent residence. Both must meet eligibility requirements, and the application must include all requested documents and information. The government of Canada aims to make decisions on spousal sponsorship applications within 12 months.
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Frequently asked questions
This is a class of persons who may become permanent residents of Canada on the basis of their relationship to a sponsor.
A sponsor can be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident of Canada who is 18 years of age or older.
A sponsor can sponsor their spouse, common-law partner, or conjugal partner. A spouse is someone to whom the sponsor is legally married. A common-law partner is someone who has lived with the sponsor in a conjugal relationship for at least one continuous year. A conjugal partner is someone who has been in a genuine and continuing relationship with the sponsor for at least one year but has been unable to live together or marry due to extenuating circumstances.
The sponsor must be able to provide financial support for the basic needs of the sponsored person and any dependent children. The sponsor must also meet all of the sponsorship eligibility requirements, including not receiving social assistance for reasons other than a disability. The sponsored person must meet admissibility criteria, including medical and criminal checks.
