Spousal Sponsorship in Canada | Spouse Visa
Spousal/ Common-law Sponsorship
Family reunification is one of the objectives of the Immigration Act (IRPA). As a Canadian Citizen or Permanent resident, if you can prove that your marriage is legal and the relationship is genuine, you may be eligible to sponsor your spouse or common-law partner to become a Permanent Resident in Canada under the Spousal Sponsorship application.
There are two types of applications for Spouse and Common-Law Sponsorship:
1.) Outland Spousal Sponsorship: These types of sponsorship applications are normally processed through the visa office in the sponsored spouse’s country of citizenship or where they legally reside (if outside Canada). If the sponsor and the Spouse/Common-law partner live together in Canada, they can still apply under for Outland Sponsorship category if they want. Applying under this category will make you eligible to Appeal a refusal.
2.) Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): The application will be processed in Canada and the sponsor and the spouse/common-law partner MUST live together in Canada. The person being sponsored MUST have temporary status in Canada as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit under this category.
In order to be eligible for Sponsorship, the sponsor must meet the following criteria:
1.) Canadian Citizen or a Permanent Resident
2.) At least 18 years of age
3.) Resides in Canada. A Canadian Citizen may reside abroad but a PR has to reside in Canada before submitting a Sponsorship application.
4.) Must not be under the Five-Year Sponsorship Bar time period
5.) Intends to fulfill the obligations or undertaking
6.) Is not subject to a removal order
7.) Is not detained
8.) No conviction of an offense:
– sexual nature
– use of violence against anyone
9.) Is not in default of an undertaking or support obligations ordered by a court (e.g. child, spousal support)
10.) Is not in default of a debt owed under IRPA
11.) Is not an undischarged bankrupt
12.) Is not in receipt of social assistance (e.g. welfare) *
* Exception: Disability payments, EI payments are Ok.
13.) Is not in default of a previous sponsorship undertaking
Apart from this, the relationship should be real and genuine. The sponsor and the applicant shouldn’t have been entered primarily into a relationship just for the purpose of entering Canada or securing any status in Canada. Apart from this, the spouse/ common-law partner can also be excluded from Family Class if :
1.) Spouse or common-law partner was under 18 years at the time of marriage
2.) Previous sponsorship undertakings are still in effect
3.) Sponsor or applicant was married to any other person at the time of their marriage
4.) Unexamined non-accompanying family member
Once, the sponsorship application is approved, and the applicant lands in Canada as a PR, the sponsorship undertaking begins and is valid for a period of 3 years.
If you need any help in filing the sponsorship application to IRCC, you can Contact Us.