Understand the process and eligibility
SPOUSAL & COMMON-LAW PARTNER SPONSORSHIP
In Canada, preserving stable families and reconnecting partners is of utmost importance. You can sponsor your spouse or common-law partner for a permanent resident visa under the Spouse or Common-Law Partner Sponsorship Class.
How Do You Meet the Requirements to Be a Sponsor?
If you match the following criteria, you may apply to sponsor a common-law spouse, a spouse of the same sex as you, or a spouse of a different sex:
- You are required to be at least 18 years old.
- You cannot sponsor someone if you are a permanent resident living outside of Canada; you must be a Canadian citizen, a permanent resident, or a person who is registered as an Indian under the Canadian Indian Act. If you are a Canadian citizen living outside of Canada, you must demonstrate that you intend to move to Canada once the person you sponsored becomes a permanent resident.
- It is necessary to demonstrate that you are not getting social assistance due to an impairment;
- You must confirm that any person you are sponsoring does not require social assistance from the government and that you are able to meet their basic needs.
What Distinguishes a Spouse from a Common-Law Partner?
Partner under Common Law:
If your relationship is significant but you are not officially married, you are regarded as common-law partners. You and your partner must have shared a residence for at least a year. This means that even if one person is away on a work trip, vacation, or other family commitment, there shouldn’t be any longer periods of living apart.
Your life partner in marriage is your spouse
SPOUSAL AND FAMILY SPONSORSHIP
How to Apply for a Canadian Sponsorship for Your Spouse, Common-Law Partner, Conjugal Partner, or Dependent Child
How to Support a Project in Canada
If you are a Canadian citizen, at least 18 years old, and reside in Canada, you may become a sponsor.
Is it Possible to Support Someone in Canada? If You Are Not a Canadian Citizen?
If you are not currently residing in Canada, you cannot sponsor someone to move there. When you sponsor someone, you must be present in Canada, even if you are a permanent resident. Also, you must demonstrate your suitability as a sponsor by confirming your ability to support yourself, your spouse or partner, your dependents, and/or your spouse’s dependents.
When Is It Unacceptable to Support Someone in Canada?
If any of the following apply to you (except social disability), you cannot apply to be a sponsor in Canada:
- Getting sponsored by someone else within 3 years of becoming a permanent resident in Canada;
- Have fallen behind on a performance bond or debt for immigration;
- Not paid child support or alimony (if applicable);
- Been found guilty of a crime;
- Possess a recent five-year permanent resident status in Canada after being sponsored;
- Are arrested or undergoing reformation; or
- Have a removal order in place
Who may be sponsored to reside in Canada?
You could sponsor:
- Spouse, common-law partner, or conjugal
- Dependant child
The supporting documentation you must submit to apply may vary depending on who is sponsoring you:
You may apply for the Family Class if you are sponsoring a dependent adult or child, and you may apply for either the Family Class or the Spouse or Common-Law Partner Class if you are sponsoring a spouse or common-law partner.
How long are you liable for the Canadian spouse you sponsored?
Length of time you are responsible for the person you sponsor
Person you sponsor
Length of undertaking in all provinces (except Quebec)
Length of undertaking in Quebec
Spouse, common-law partner or conjugal partner
Child under 13 years old
10 years, or until age 18 (whichever is longer)
Child 13 to 19 years old
until age 22
3 years or until age 22 (whichever is longer)
Parent or grandparent
A refusal to sponsor a spouse is possible?
In an effort to make sure that the applicant is not engaging in marriage fraud in order to move to Canada, the IRCC (Immigration, Refugees and Citizenship Canada) meticulously checks the authenticity of every connection. The application will be rejected if the immigration official is not persuaded that the marriage is legitimate, and they have the authority to revoke the spouse you want to sponsor’s entry into Canada for five years due to misrepresentation
How much money must one make to sponsor a spouse in Canada?
Family and Spousal Sponsorship Annual Income Requirement
Number of persons
Minimum annual income requirement
1 person (the sponsor)
If more than 7 people, for each additional person, add
If the spouse and you part ways, will you be compelled to leave Canada?
Deportation means being made to leave Canada. The right to have you deported does not belong to your husband or partner. Only federal immigration agencies, including the IRCC, have the authority to deport individuals. But, if your spouse or partner plans to sponsor you for Canadian permanent resident status and the sponsorship application is still pending, they have the right to revoke the sponsorship before your Canadian permanent residency has been established.
Can I remain in Canada while I aspire to be sponsored by my spouse?
Yes. You can apply for a visitor visa to Canada while you wait for your spousal sponsorship application to be accepted. As a tourist, you are allowed to stay in Canada for up to six months following the day of your arrival, even though it does not grant you permanent status. As you wait for your spousal sponsorship application to be approved, this will enable you to live in Canada with your spouse
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