Spousal Sponsorship
What Is Canada’s Spousal Sponsorship Program?
Canada’s Spousal Sponsorship Program allows Canadian citizens and permanent residents to bring their spouse or common-law partner to Canada as a permanent resident.
The aim of this program is to keep families together by allowing the sponsored person to live, work, and study in Canada.
There are two main pathways: Inland sponsorship, for those already in Canada, and Outland sponsorship, for those living outside the country.
To qualify, the sponsor must meet certain financial criteria and agree to support their partner for three years. The process involves submitting an application with proof of the relationship and other required documents.
Processing times for applications vary but typically take 12 months on average. During Inland sponsorship, the sponsored partner may also apply for an Open Work Permit, allowing them to work while awaiting a decision.
Once approved, the sponsored spouse receives permanent residency, giving them the same rights as any other permanent resident in Canada. This program helps families build a life together in Canada.
Canada Spouse Visa Eligibility Requirements
Sponsor Requirements
- Must be a Canadian citizen or permanent resident.
- Must be at least 18 years old.
- Cannot be receiving social assistance, except for disability reasons.
- Must prove the ability to financially support the spouse for three years.
Sponsored Person Requirements
- Must be legally married to the sponsor or in a common-law relationship for at least 12 months.
- Needs to provide proof of a genuine relationship, such as photos, joint financial documents, and communication history.
- Must undergo medical, criminal, and background checks.
General Eligibility
Both the sponsor and the sponsored person should not have any inadmissibility issues, such as serious criminal records.
Meeting these requirements is crucial for a successful application, allowing the sponsored person to live permanently in Canada.
Your Obligations as a Sponsor
Financial Support Commitment
As a sponsor, you must provide financial support for your spouse for at least three years from the date they become a permanent resident. This support covers basic needs like food, shelter, and healthcare not provided by public services.
Responsibility Regardless of Relationship Status
Even if your relationship with your spouse ends during this period, your financial responsibility remains. You are obligated to continue supporting them for the full three years.
Avoiding Social Assistance
You must ensure your spouse does not rely on social assistance during the sponsorship period. If they do, you may be required to repay any social assistance benefits they receive.
Note: Fulfilling these obligations is crucial for maintaining your status as a sponsor and ensuring your spouse’s well-being in Canada. Failure to meet these responsibilities could have legal and financial consequences.
The Process of Spousal Sponsorship in Canada
- Check Eligibility
Ensure both you and your spouse meet the eligibility criteria, including age, relationship status, and financial requirements. It’s crucial to verify these details before beginning the process. - Gather Required Documents
Collect all necessary documents, such as proof of relationship, identification, financial statements, and other evidence. Proper documentation is essential to avoid delays in processing. - Complete Application Forms
Fill out the required application forms for both the sponsor and the sponsored person, which are available on the IRCC (Immigration, Refugees, and Citizenship Canada) website. - Submit the Application
Submit the complete application package, including all forms, documents, and the processing fee, to IRCC. Double-check everything to ensure nothing is missing. - Wait for Processing
After submission, IRCC will review your application. Processing times can vary widely, so be prepared for a waiting period that could extend several months. - Medical and Background Checks
The sponsored spouse must undergo medical, criminal, and background checks as part of the assessment process. These checks are mandatory and can influence the application outcome. - Receive Decision
If approved, your spouse will receive confirmation of permanent residence, allowing them to move to Canada. If further information is needed, IRCC will reach out to you for clarification. - Fulfill Sponsorship Obligations
Once your spouse arrives in Canada, you must begin fulfilling your financial support obligations, which last for three years. This commitment is legally binding, regardless of any changes in your relationship status.
How to Apply
- Determine Eligibility
Before starting, confirm that both you and your spouse meet the eligibility criteria. This includes verifying relationship status, financial stability, and other specific requirements. - Gather All Necessary Documents
Collect all required documents, including proof of relationship, identification, financial records, and any additional evidence needed. Ensuring you have everything will prevent delays in the application process. - Fill Out Application Forms
Complete the necessary application forms for both the sponsor and the sponsored person. These forms are available on the IRCC website and must be filled out accurately. - Pay the Application Fees
Pay the required processing fees, which include the sponsorship fee, application fee, and right of permanent residence fee. Keep a receipt as proof of payment. - Submit Your Application
Submit the completed application package, including all forms, documents, and proof of payment, to IRCC. Double-check to make sure nothing is missing before submission. - Wait for Acknowledgment
After submission, you will receive an acknowledgment from IRCC confirming they have received your application. This is the beginning of the processing period. - Provide Additional Information if Requested
If IRCC needs more information, they will contact you. Respond promptly to any requests to avoid delays in processing. - Receive Application Decision
Once IRCC completes the review, you will receive a decision. If approved, your spouse will be issued confirmation of permanent residence.
Canada Spousal Sponsorship Processing Time
The processing time for Canada’s Spousal Sponsorship can vary depending on several factors, including whether the application is Inland or Outland.
Generally, Inland applications, where the spouse is already in Canada, take about 12 months to process.
Outland applications, where the spouse is outside Canada, also typically take around 12 months, but times can vary based on the country of residence and additional factors like the completeness of the application.
During the processing period, IRCC may request additional information or documentation, which can extend the timeline. It’s important to regularly check the status of your application online and respond promptly to any requests from IRCC to avoid delays.
While the typical timeframe is 12 months, processing times can fluctuate, so it’s advisable to be prepared for potential variations.
Note: Processing times in Quebec can take longer, up to 24 months, because Quebec has its own immigration system. After federal approval, applicants must obtain a Quebec Selection Certificate (CSQ), which involves additional documentation and meeting provincial requirements. This extra step adds time to the overall process, making it longer than in other provinces.
Canada Spouse Visa Fees
When applying for a Canada Spouse Visa, it’s essential to understand the fees involved to ensure you are well-prepared.
Primary Fees
- Sponsorship Fee: 75 Canadian dollars.
- Principal Applicant Processing Fee: 570 Canadian dollars.
- Right of Permanent Residence Fee: 515 Canadian dollars.
The total for these fees is 1,160 Canadian dollars, covering the core components of your application.
Additional Fees
If you include dependent children in your application, there is an additional fee of 150 Canadian dollars per child. Most applicants will also need to complete biometrics, which involves submitting fingerprints and a photograph:
- Biometrics Fee: 85 Canadian dollars per person or 170 Canadian dollars for a family.
Payment and Refunds
All fees must be paid in full before submitting your application. It is important to retain your payment receipts, as these may be required during the processing of your application.
Please note that these fees are non-refundable, meaning that if your application is not approved, you will not receive a refund.
To minimize the risk of any issues, it is crucial to ensure your application is complete and includes all necessary documents. This careful preparation can help facilitate a smoother application process and improve your chances of success.
What Are the New Rules for Canada Spouse Visa?
Recent updates to Canada’s Spouse Visa rules, introduced in 2023, aim to improve the application process and ensure that only eligible applicants are approved. Key changes include:
- Stricter Relationship Verification: Since 2023, applicants must provide more substantial evidence of a genuine relationship, such as detailed histories, joint financial accounts, and communication records.
- Commitment to Processing Times: The government is focused on processing most spousal sponsorship applications within 12 months, though times may vary based on the application’s completeness and the applicant’s country of origin.
- Enhanced Medical and Background Checks: New security measures introduced in 2023 require more thorough medical exams and background checks for both the sponsor and the sponsored spouse.
- Clearer Financial Requirements: Sponsors must now demonstrate a stable financial situation, proving they can support their spouse for the required three-year period without relying on social assistance.
These 2023 changes are designed to ensure a more efficient process and to reduce the risk of fraudulent applications.
Is There an Interview for Spousal Sponsorship in Canada?
Yes, there can be an interview for spousal sponsorship in Canada, but it is not always required. Immigration, Refugees, and Citizenship Canada (IRCC) may request an interview if they need further clarification about the relationship between the sponsor and the sponsored spouse.
This interview is usually conducted to assess the genuineness of the relationship and to ensure that the marriage or partnership is not for immigration purposes only.
During the interview, both the sponsor and the sponsored spouse may be asked questions about their relationship, such as how they met, details about their daily life together, and plans for the future.
The interview can take place in Canada or at a Canadian visa office abroad, depending on the situation.
If an interview is required, IRCC will notify you in advance with details on what to expect.
It’s important to be honest and prepared, as the interview can significantly impact the outcome of your application.
Do I Need to Provide Proof of My Relationship With My Spouse or Partner?
Yes, you must provide proof of your relationship with your spouse or partner when applying for spousal sponsorship in Canada. Immigration, Refugees, and Citizenship Canada (IRCC) requires this evidence to confirm that your relationship is genuine and not solely for immigration purposes.
The types of proof you can submit include:
- Marriage Certificate: For married couples, a legal marriage certificate is essential.
- Photos: Include photos of your wedding, vacations, or time spent together to show your relationship history.
- Communication Records: Copies of emails, text messages, or social media interactions that demonstrate ongoing communication.
- Joint Financial Documents: Bank statements, lease agreements, or utility bills that show shared finances or a shared residence.
- Affidavits from Family and Friends: Letters from people who know you as a couple and can attest to the genuineness of your relationship.
Who Is Not Eligible to Sponsor Spousal?
You may not be eligible to sponsor a spouse or partner for Canadian immigration if any of the following apply:
- Recent Sponsorship: You are currently sponsoring a spouse or partner but have already signed an undertaking for a previous spouse or partner, and it hasn’t been three years since they became a permanent resident.
- Unpaid Social Assistance: You previously sponsored someone and did not repay any social assistance they received while your undertaking was in place.
- Financial Defaults: You are in default on an immigration loan, a performance bond, or have not paid court-ordered alimony or child support.
- Bankruptcy: You have declared bankruptcy that has not been discharged.
- Criminal Convictions: You were convicted of a sexual offense, a violent crime, an offense against a relative that caused bodily harm, or threatened or attempted to commit any of these offenses. Eligibility depends on the nature of the offense, when it occurred, and whether you received a pardon.
- Previous Sponsorship as a Spouse: You are sponsoring a spouse or partner, but you were previously sponsored as a spouse, common-law, or conjugal partner and became a permanent resident less than five years ago.
- Legal and Penal Restrictions: You are under a removal order, are in a penitentiary, jail, reformatory, or prison, or have already applied to sponsor your current spouse or partner and have not yet received a decision.
These restrictions are in place to ensure that sponsors are capable of meeting their financial and legal responsibilities.
What Other Ways Do I Have to Bring My Family Members to Canada?
If spousal sponsorship isn’t an option, there are several other ways you can bring your family members to Canada:
Parent and Grandparent Sponsorship
Canadian citizens and permanent residents can sponsor their parents and grandparents to become permanent residents.
This program is often available through a lottery system, and sponsors must meet specific income requirements to ensure they can financially support their parents or grandparents.
Super Visa
If you cannot sponsor your parents or grandparents through the regular sponsorship program, the Super Visa allows them to visit Canada for 5 years at a time with a super visa, with multiple entries over a 10-year period. This visa requires proof of financial support and health insurance.
Dependent Child Sponsorship
You can sponsor your dependent children, including adopted children, to become permanent residents. The child must be under 22 years old, unmarried, and not in a common-law relationship.
Exceptions are made for children over 22 who depend on their parents due to a physical or mental condition.
Family Class Sponsorship
If you don’t have a spouse, common-law partner, or children to sponsor, and no other eligible relatives, you may be able to sponsor one relative of any age or relationship under the Family Class, as long as you meet specific criteria.
Provincial Nominee Program (PNP)
Some provinces have their own immigration programs that allow residents to sponsor family members, even if they do not meet the federal criteria. Each province has its own rules and requirements, so it’s worth exploring the options available in your province.
Humanitarian and Compassionate Grounds
In exceptional cases, you can apply to bring family members to Canada on humanitarian and compassionate grounds. This is usually considered if there are compelling reasons to keep the family together in Canada.
These options provide various pathways for reuniting with your family in Canada, each with its own eligibility requirements and processes. It’s important to explore these options carefully and choose the one that best fits your family’s situation.
Can I Sponsor My Boyfriend or Girlfriend to Come to Canada?
If you’re in a relationship with your boyfriend or girlfriend but are not married, you can still potentially sponsor them to come to Canada, but there are specific requirements:
Common-Law Partner
You can sponsor your boyfriend or girlfriend as a common-law partner if you have lived together continuously for at least 12 months in a marriage-like relationship. This means sharing a home and presenting yourselves as a couple.
You will need to provide evidence of cohabitation, such as joint leases, shared bills, or other documentation that shows you have been living together for the required period.
Conjugal Partner
If you haven’t lived together for 12 months due to significant barriers, like immigration restrictions, you may be able to sponsor your partner as a conjugal partner.
However, this category is intended for couples who cannot live together or get married due to reasons beyond their control, such as legal or cultural restrictions.
You must demonstrate that you have a committed relationship of at least 12 months and provide evidence of the barriers preventing cohabitation or marriage.
If your relationship doesn’t fit into either of these categories, you won’t be able to sponsor your boyfriend or girlfriend directly for permanent residency.
They may still come to Canada through other immigration pathways, such as a visitor visa, study permit, or work permit, and you could consider sponsorship later if your relationship meets the common-law or conjugal partner requirements.
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