Spousal Sponsorship Canada: Complete Guide to Sponsoring Your Spouse or Partner

you are going to sponsor your spouse or partner to move in with you to Canada, spousal sponsorship is among the simplest routes to permanent residence. This is a detailed instructions guide on how to know whether you qualify, step-by-step application, how to demonstrate that your relationship is genuine and what you should expect once you have submitted, as well as the most common traps to avoid. Official government resources are also provided with links all over in order to be able to triple-check requirements and make sure you make decisions.

What is the Meaning of Spousal Sponsorship in Canada?

Canada has a family class immigration that includes the spousal sponsorship. It enables a permanent resident of a Canadian or a Canadian citizen to sponsor his spouse, common-law partner or conjugal partner to be granted permanent residence. The main objective is family reunification: family retention in Canada.

Key official resource:

Sponsor your spouse, partner or dependent child(IRCC): https://www.canada.ca/en/immigration-refugee- citizenship/immigrate-canada/family-sponsorship/ spouse- partner- children.html.

Who Can Finance a Spouse or a Partner?

In order to be a sponsor, you should usually:

• Be 18 or older
• Have to be a Canadian citizen or permanent resident, or be registered in Canada under the Indian Act.
• Live in Canada-or in case you are a citizen of Canada staying in a foreign country, demonstrate that you will return to Canada as soon as your to-be-spouse is admitted to the status of permanent residents.
• Not be under social assistance due to non-disability reasons.
• Can fulfill basic needs to self and sponsored person (food, shelter, clothing)
• Have no disqualifying conditions including but not limited to some type of criminal conviction, pending removal order, imprisonment, default on a prior sponsorship commitment, and unpaid court-imposed family support.

Bar and other significant undertakings:

• Undertaking length: You commit to give assistance to your spouse or partner in 3 years since the day they become a permanent resident (you have to make up the social assistance he/she has gotten in the course of that period).
• 5-year bar: In case you were sponsored as a spouse/partner, you are not allowed to sponsor any new spouse/partner until 5 years after becoming a permanent resident.
• Most often you cannot sponsor a new spouse or partner when you have an undertaking of a previous spouse/partner of 3 years.
• Who is and is not eligible to sponsor spouses (IRCC, information is in the spousal sponsorship hub): https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html.

Who Can Be Spousal Sponsorship in Canada?

You can sponsor:

• Spouse: You are a married woman.
• Common-law partner: You have co-resided as a conjugal partner during 12 consecutive months.
• Conjugal partner- A long-standing, marriage-like relationship of a minimum of 12 months during which substantial legal or immigration obstacles did not allow you to cohabit or get married. This category has a narrow understanding.

Additional notes:

• Each of the two partners should be over the age of 18 years.
• Canada is aware of same sex marriages and partnership.
• Marriages that are not physical, such as proxy, telephone, faxed or internet marry are not usually recognized as immigration purposes with one or both of the partners being absent at the wedding.
• The dependent children may also be considered provided that they satisfy the definition of a dependent child according to IRCC.

The definition of dependent children (they may include age limits and conditions; verify the existing ones): https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/documents/dependent-children.html

Inland vs. Outland Sponsorship: Which Stream Befits You?

There are two streams of processing in Canada:

1. Inland (Spouse or Common-law Partner in Canada class)

• There is a partner of yours living with you in Canada.
• They may frequently avail an open work permit whilst the permanent residence application is being done (see SOWP section below).
• Travel risk: In case they leave Canada and are denied entry they could end up risking the inland application.
• Appeals: An appeal may not be made to the Immigration Appeal Division (IAD) in the case of an inland denial, the primary option is instead judicial review by the Federal Court.

2. Outland (Family Class)

• Your spouse resides in a country other than Canada, or you would rather make application at a visa office in another country.
• Flexibility of travel: Your partner may travel temporarily to Canada provided that he or she has or may acquire a TRV/eTA. IRCC acknowledges dual intent (you can have the intention to remain on-temporary and at the same time, seek PR).
• Appeals: The appeals in the case of outland refusals usually have the right of appeal to the IAD (with some exceptions, such as serious criminality or misrepresentation).

Guidance of the IRCC program: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/ operational- bulletins-manuals/ temporary-residents/dual-intent.html.

Guide to Understanding the Spousal Sponsorship in Canada.

1. Confirm Eligibility

• Examine sponsor needs and type of partners.
• Quebec residents have an extra procedure when seeking a Quebec undertaking following the approval of the sponsor by IRCC.

Quebec provincial sponsorship: https://www.quebec.ca/en/immigration/sponsor-family.

2. Choose Your Stream

• In Canada, living inland and you wish to have the choice of an open work permit.
• Outland when your partner is located in another state, or you would like to have rights of appeal at the IAD.
• Collected Documentation and Evidence.
• Read and follow the guide and document checklist of IRCC.
• Make identity, civil papers, police certificate, translation and demonstration of a legitimate relationship.

Primary guide and checklists:

• Guide 5525 (Sponsor your spouse, partner or dependent child): https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-sponsor-your-spouse-partner-dependent-children.html

4. Application (Online) Complete.

• The majority of the family sponsorship requests are done using the permanent residence portal of IRCC. You will fill out online questionnaires and attach attachments in the form of PDFs/photos.

5. Pay Fees

• Make the sponsorship payment, the principal applicant processing fee, and the Right of Permanent Residential Fee (RPRF). The upfront cost of RPRF will save time in the future. In case of the biometrics, pay even those charges.

Present charges: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-fees.html

6. Respond and Wait to Communication.

• An Acknowledgement of Receipt (AOR) will be given in case the application is received by IRCC in order to proceed with the processing.
• IRCC might demand biometrics or a medical examination, other documents or arrange an interview when necessary.

7. Processing and Decision

• Upon the qualification, medical, criminal, and security screenings, IRCC will complete the application.
• One of the applicants in Canada is usually finalized through an online PR confirmation (eCOPR) in case it is approved. Foreign applicants receive instructions in which to submit passports or issue visas to land in Canada.

Processing time of checks: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html.

Documents checklist (Core Items)

The use of official checklist should always be adhered to in your situation and country of residence. Typical items include:

For the sponsor:

• Evidence of status in Canada (Canadian passport, citizenship certificate or PR card)
• Evidence that you are now residing in Canada or evidence that you will come back to Canada in case you are a Canadian citizen working overseas.
• Financial details to demonstrate that you are able to cover basic needs (there are no formal minimum income requirements to be in spousal sponsorship, but in some circumstances, there are children of my own who also have children of their own)

To the principal applicant (your spouse/ partner):

• Passport biodata page(s)
• Documents of birth certificate and civil status (marriage certificate, divorce or death certificate where necessary)
• Police certificates of every country/territory they have resided in a minimum of 6 months since 18.
• Biometrics (if required)
• Immigration medical check test (application usually requested upon; may be conducted prior to a panel physician)
• Photos should be of IRCC specifications.

Evidence of acquaintance (sign of authenticity):

• Wedding photos (in case married) and marriage certificate.
• Evidence of living together Joint lease/mortgage Joint bills Joint bank accounts Insurance beneficiaries Mail to same address
• Travel itineraries, travel tickets, passport stamp, hotel receipts.
• Call records: call history, chats, emails and social media conversations.
• Statutory declarations/affidavits of family/friends who are familiar with your relationship.
• Pictures alongside through time and with family/friends.

Official resources:

Document guide and checklists ( Guide 5525): https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-sponsor-your-spouse-partner-dependent-children.html.

Police certificates: https:// www.canada.ca/en/immigration- refugees- citizenship/ services/application/medical-police/police-certificates.html

Medical examinations to permanent residence: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/medical-exams/requirements-permanent-residents.html

Biometrics: https://www.canada.ca/en/immigration-refugees-citizenship/services/biometrics.html

Translations and certified copies: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/photocopies-translations.html.

Photo requirement: www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/photograph-requirements.html.

Fees and Costs

IRCC has a sponsorship fee, processing fee on the principal applicant and a Right of Permanent Residence Fee (RPRF). There can also be biometrics fees. Other costs may also consist of:

• Translations and notarizations.
• Police certificates
• Medical exam
• Courier/scanning services.

Fees at IRCC (cover the latest prices before payments): https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-fees.html.

Processing Times

The time taken to process depends on the stream and the country where the applicant is staying. IRCC revises these on a regular basis. Up-to-date estimate of spousal sponsorship is here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html.

Biometrics, Medical Exam and Police Certificates.

• Biometrics: The majority of applicants give their fingerprints and photos at a Visa Application Centre (VAC) or Application Support Centre (ASC, in the U.S.).
• Medical exam: This has to be done by a panel physician that is approved by IRCC. Dependents/children, spouses/partners exempted to medical inadmissibility on the basis of excessive demand, yet may be denied on the basis of public health/safety reasons.
• Police certificates: Countries of residence 6+ months since age 18.

Resources:

• Biometrics: https://www.canada.ca/en/immigration-refugees-citizenship/services/biometrics.html
• Medical tests: https://immigration-refugee-citizenship.canada.ca/services/immigrate-canada/medical- tests/permanent-residents-requirements.html.
• Inadmissibility in medicine: An overview: https://www.canada.ca/en/immigration-refugee-citizenship/services/immigrate-canada/inadmissibility/medical.html
• Police certificates: https:// www.canada.ca/en/immigration- refugees- citizenship/ services/application/medical-police/police-certificates.html

Demonstrating a Bona Fide Relationship: What IRCC Seeks.

IRCC needs to ensure that the relationship was not formed with an intention of gaining the immigration benefits. Evidence must have a coherent narrative: how you met, how you nurtured the relationship, how you were able to sustain it in the distance or over time, and how you want to continue.

What helps:

• Timeline of your relationship: a straightforward chronological list of the milestones in your relationship.
• Pictures throughout history, with family and friends.
• Practical relationships: finances, life-style, plans, joint burden.
• Periodical communication with time distance: mixed media and regularity.
• Witness testimonials of individuals familiar with you as a couple.

There are red flags common (however, they can also be defeated by good evidence):

• Briefly courted and rushed to marry with little face-to-face interaction.
• You have been through significant cultural, age, or language differences that have not been clearly shown to you.
• Little contact with the families of each other.
• Irregular or discontinuous history of communication.
• Form-supporting document contradictions.

Misrepresentation caution: It is an offense to present false documentations or facts which may result in rejection and a 5 year prohibition against submitting applications to come to Canada (IRPA s.40). The statute is as follows: https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-40.html.

Top Errors that Slow Down Spousal Sponsorships.

• Absence of signatures, dates or pages in forms.
• Filing the obsolete forms or neglecting the country-specific documentations.
• Failure to translate documents correctly (there is no certified translation/translator affidavit where necessary).
• The evidence of weak or loose relationships.
• Failure to pay the right fees (or inability to pay RPRF).
• Disregarding orders of IRCC or failure to meet deadlines.
• Posting illegible scans (of low quality, of incorrect form)
• Failure to report the changes to IRCC (address, marital status, new child).

Send a response to IRCC as soon as possible; also update by use of web form where necessary: https://www.cic.gc.ca/english/contacts/web-form.asp.

Open Work Permit to Spouses Applicants in Canada.

In the case of an application under the inland stream, your spouse/common-law partner can obtain an open work permit pending the decision on the permanent settlement application. This assists them to work with virtually any employer in Canada alleviating financial and settlement stress.

Key details:

• Also apply to the SOWP following or concomitant to the inland PR application.
• You must cohabit in Canada and be able to qualify.
• On approval, the SOWP normally lasts until a ruling on the PR application.

Study and practice: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permits-spouses-common-law-partners.html

Refusals, Oversights, and What to Do when Things Get Off Track.

• Procedural fairness letter (PFL): In case there are concerns by IRCC (e.g. genuineness, admissibility), a letter may be sent to you providing an opportunity to provide further evidence. Respond fully and within time.
• Most outland refusals may be appealed to the Immigration Appeal Division (IAD) by Sponsors, who may take into account new evidence and other humanitarian considerations. This is not the route of appeal of inland cases.
• Judicial review: It can be done in Federal Court in relation to both inland and outland decisions, and it is a legal process that is aimed at the reasonableness of the decision of IRCC in its approach to fairness of process.

The IAD data: https://irb-cisr.gc.ca/en/immigration-appeal/Pages/index.aspx.

Exceptional Cases and Real Life Hints.

Working in Canada as a temporary immigrant.

• The Canadian citizens are allowed to sponsor someone abroad, but they have to demonstrate that they will go back to Canada after the partner has become a permanent resident.
• To sponsor permanently, the regular requirement is that one must be living in Canada.

Quebec residents

• Once IRCC approves you as a sponsor, you will have to go through Quebec undertaking process with the Ministere de l’Immigration, de la Francisation et de l’Integration (MIFI).
• Quebec-specific needs and charges are used.

Quebec information: https://www.quebec.ca/en/immigration/sponsor-family.

Financial Requirements

• No formal minimum income exists in regard to sponsoring a spouse/partner and a dependent child(ren) unless you are the dependent child and have a child or children of your own you are a dependent parent/family-per your own.
• You do not have social assistance (except as a result of disability). You would have to devote 3 years of supporting your spouse/partner once he/she becomes a PR.

Admissibility and criminal records.

• There are criminal convictions that will not allow the applicant or the sponsor. The candidate is required to give police certificates. In some cases rehabilitation or being suspended in record may be applicable; consult a professional in case this is applicable.

In Canada (in inland cases) out-of-status.

• As a rule, valid temporary status enhances an application on inland basis. At other times, there have been instances where public policies have assisted some of the out of status spouses; these are alterable. Check up the existing IRCC guidelines or refer to a professional expert to get the latest choices.

Traveling as an inland application is in progress.

• Inland applicants are not advised to travel since they may not be assured of being re-entry. In case of the rejection at the border, the application inside the country can be jeopardized.
• Outland applicants have the freedom to travel with less restrictions on visa requirements.

Dual intent (temporary visit + PR) instructions:https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/dual-intent.html

Arranged marriages, religious and cultural rituals.

• IRCC accepts legally recognized marriages that were conducted in accordance with the laws of the country where these marriages happened, but must also be in agreement with the Canadian law. Marriages that are represented by proxies or non-physical presence are not allowed to be sponsored.

Pregnancy, births and family transition.

• In case a child is born later than the applications were sent, inform IRCC through web form. Depending on the status and citizenship regulations, the child might have to be included in the application.

IRCC online application: https://www.cic.gc.ca/english/contacts/web-form.asp.

On Approval: Landing, eCOPR, and Next Steps.

• eCOPR (in Canada): PR is being completed by several applicants via an online portal. You will verify your details including address and photo on the PR card.
• Passport request and visa (outside Canada): When your partner is out of Canada, he or she will be instructed to send a copy of a passport or copy of a passport to the visa issuance and landing.
• PR card: Sent through mail upon approval/photo validation; it takes different durations to process.
• Next in Canada: Obtaining Social Insurance Number (SIN), provincial health coverage and commence settlement activities (banking, housing and employment).

FAQs: Spousal Sponsorship Canada

What is the time of spousal sponsorship?

Timelines vary. The current processing time of Check IRCC: https://www.canada.ca/en/ immigration-refugee citizenship/services/application/check-processing-times.html.

Does it have a minimum income to sponsor my spouse?

There is no official minimum income of spouses/partners and dependent children, unless your dependent child who is being sponsored has children of their own. You cannot be on social assistance (except on disability) and have to sign a 3 year undertaking.

My spouse is eligible to work in Canada pending?

In case you apply inland, they can be granted a spousal open work permit. Details: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/open-work-permits-spouses-common-law-partners.html

But what about my documents, they are not in English or French?

Make certified translations and translator affidavits where necessary. Ircc rules on translations: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/photocopies-translations.html.

Are we required to be married legally to make an application?

No. Common-law (12 months living together as a couple) and conjugal partners (narrow category in which cohabitation/marriage is prohibited) can be sponsored.

Am I eligible to sponsor my husband or wife as a part-time or part-time student?

Yes, often, as long as, unless you are on social assistance (except disability), you can commit to supporting your spouse. In most cases of spousal, there is no formal minimum income.

We just got married. Is that a problem?

Not necessarily. Give strong proof of your history in relationship, communication, visits, and plans combined. IRCC evaluates sincerity, rather than duration.

Is my spouse allowed to travel to Canada when I have been applying as an outlander?

Yes, in case they can produce the entry requirements (eTA/TRV), and prove the intent to stay temporarily to the officer. Dual intent does not preclude: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/temporary-residents/dual-intent.html

What will become of me in case my application is rejected?

Appeals may generally be made to the IAD of outland refusals, but not inland refusals (judicial review may be made). Reconsider adding evidence and re applying, or consult an attorney.

Is a medical examination required?

Yes, the main applicant (and children that depend on him/her) should get a medical that is approved by IRCC. Begin with: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/medical-exams/requirements-permanent-residents.html

But what about a medical condition on the part of my spouse?

Delicate children and spouses are not subject to the inadmissibility of excessive demand ground, yet public health/safety grounds exist.

Is it possible to sponsor in case I resided in Quebec?

Yes, however, you have to do a Quebec undertaking with MIFI once the IRCC has approved of your sponsors: https://www.quebec.ca/en/immigration/sponsor-family.

Can I include my stepchild?

They can include dependent children of your spouse/partner. Make sure they fit the definition of dependent-child of IRCC and you bring the custody/consent fraternities.

Does my husband/wife have to pass a language test?

Spousal sponsorship does not need any language test.

Can we speed up processing?

IRCC does not provide expedite as a matter of routine. The most effective way of avoiding delays is by submitting a full-fledged well documented application and responding promptly to requests.

Fast Sponsorship Checklist.

• Ensure that you are both eligible (sponsor and applicant)
• Choose inland vs. outland
• Read your document checklist and IRCC Guide 5525.
• Get civil papers, policing certificates and translations.
• Gather effective evidence of an actual relationship.
• Fill out in entirety (use up-to-date versions)
• Pay full fees (including RPRF)
• Send via the Internet with clear and legible scans.
• Present biometrics, medical test and any changes early.
• Monitor the progress and maintain all communication.

Research Authority (Bookmark These)

Overview of spousal/partner sponsorship:https://www.canada.ca/ immigration-refugees-citizenship/ services/immigrate-canada/ family-sponsorship/ spouse-partner- children.html

Instructional guide 5525 (how to apply + checklists): https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-sponsor-your-spouse-partner-dependent-children.html

Fees: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigration-citizenship-fees.html

Processing-times: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

Biometrics: https://www.canada.ca/en/immigration-refugees-citizenship/services/biometrics.html

Health check: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/medical-exams/requirements-permanent-residents.html

Certificates of police: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates.html

Translations: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/photocopies-translations.html

IAD (appeals): irb-cisr.gc.ca/en/immigration-appealPages/index. aspx.

Quebec sponsorship: https://www.quebec.ca/en/immigration/sponsorship-family.

IRCC web form (updates):-https://www.cic.gc.ca/english/contacts/web-form.asp.

How to Submit (Common Real-World Hiccups): Editorial Tips.

• Get to the point: Add a timeline of your relations to a cover letter. It lays the orientation of the officer and binds your evidence.
• Be picky and careful: Additional pages are not necessarily good ones. Select different and high impact evidence. Name label files and pictures in a way they can be traced.
• Find some of your forms and proof: Dates, addresses, travels, and work should be seen in the correspondence of forms, chats, tickets and photos.
• Use quality scans Legible, color scans in correct form. Never use cut edges as well as glare on glossy papers.
• Issue translations properly: Rules of certified translation are strict, go by the instruction of IRCC.
• Pay RPRF in advance: You have no reason not to pay it up front since you might save a trip at a later date.
• Check dates on the watch: Police certificates and medicals are expired; put time on them so that you do not have to ask again.
• Procedural fairness: When IRCC inquires questions, then it is your opportunity to correct mistakes. Act calmly and organised, in a package.

Final Thoughts on Spousal Sponsorship Canada

Spousal sponsorship Canada is expected to bring families back together within a short period of time in a fair manner; however, this needs proper preparation and sound evidence that is convincing and well structured. You have to rely on the official IRCC guides and checklists and make sure that your documents are consistent and tell your story in a coherent way. Should your case be complicated (i.e., criminal record, previous rejections, custody or out-of-status status), seek specific advice of a qualified immigration practitioner.

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