With CANADIM, the application process is seamlessly guided by our experienced team. Once you complete your free online assessment, an Immigration Attorney will meticulously evaluate your profile and contact you to assess your eligibility. A formal agreement will mark the initiation of our collaboration. As a new client, you will receive guidance through the required documentation for the initial stage. Subsequently, CANADIM will prepare your application, handle all essential forms, and manage your submission to Immigration, Refugees, and Citizenship Canada (IRCC). Finally, we will await IRCC’s decision, determining the approval or denial of your Permanent Residency. While no consultant or immigration lawyer can guarantee the acquisition of Canadian Permanent Residency through the sponsorship program, choosing CANADIM assures you that you have the support of an experienced, dedicated team that will guide you through every step. We will assist you in building a robust profile and ensure a seamless journey through your spousal sponsorship application process. start my free sponsorship assessment here
When sponsoring a spouse, conjugal partner, or common-law partner, you are responsible for fulfilling the basic needs of your partner, including their everyday and health needs for three years.
You must make sure that your sponsored spouse, conjugal partner, or common-law partner does not require social assistance from the government before signing the undertaking agreement. If your spouse, conjugal partner, or common-law partner does require financial help from the government, you must pay back he full amount they received while you were legally responsible for them. If you do not pay back the full amount, you will not be permitted to sponsor another eligible family member until you do.
Your financial obligation will stay in effect even if:
You do not need a job to sponsor your spouse, conjugal partner, or common-law partner to come to Canada. Unlike other sponsorship programs, there is no minimum income requirement for spousal sponsorship. However, as you are required to sign an undertaking agreement, promising to fulfil the basic financial needs of your partner, the immigration officer may assess whether you have sufficient funds to sponsor. As such, you should provide some proof of how you will support your spouse, conjugal partner, or common-law partner in Canada.
Your spouse or partner can come to Canada while you are waiting for approval but there is no special visa for applicants awaiting a decision on their sponsorship application. Some spousal sponsorship applicants may encounter difficulties applying for a temporary visa if they have an application for permanent residence already in process.
Applicants applying for a temporary residence visa must satisfy the visa officer assigned to their case they will leave at the end of the validity of the visa. Having an application for permanent residence can create doubt in the visa officer’s mind that the applicant intends to leave at the end of their visa.
For this reason, applicants may want to apply for a temporary visa and then once together in Canada, submit under the inland sponsorship category. The spouse being sponsored can then transition from their temporary status in Canada to an open work permit that would allow them to work for any employer while their application is processing.
Unlike most other forms of Canadian sponsorship, you do not need to demonstrate a minimum amount of income to sponsor a spouse, conjugal partner, or common-law partner. However, whenever you sponsor a family member to Canada, you must sign an undertaking, in which you promise to provide financial support for the basic needs of your sponsored family member.
The length of the undertaking depends on the category of sponsorship. For spousal sponsorship (including spouses and common-law or conjugal partners), the length of the undertaking is 3 years from the day the sponsored individual becomes a Canadian permanent resident.
The person being sponsored may leave Canada for short periods of time while awaiting a decision on their In Canada Sponsorship application. However, as residing in Canada in the requirement for In Canada Sponsorship Class, it is risky to leave the country in the case that you are not able to re-enter. This has increasingly become a concern since the COVID-19 pandemic with the frequent implementation of travel restrictions.
Another consideration is if the sponsored spouse has applied for an open work permit and is currently on maintained status in Canada. If this is the case, they will lose their maintained status once they leave Canada and must wait until their work permit application is approved to return.
If you are a permanent resident, you must stay in Canada during the processing of a common-law sponsorship application.
Your sponsored spouse, conjugal partner, or common-law partner does not require a job offer in Canada to be eligible under the spousal sponsorship program.
Your sponsored spouse, conjugal partner, or common-law partner is not required to demonstrate their proficiency in English or French.
However, your spouse, conjugal partner, or common-law partner will likely need to take a language proficiency exam when later applying for Canadian citizenship.
When applying to sponsor a spouse, you can expect to submit the following:
To demonstrate your relationship, you should provide at least two of the following documents:
If you are in a common-law relationship and looking into sponsoring your partner, immigration officers will expect to see the following evidence:
And at least two of the following documents:
If you can’t provide all the documents outlined above, get creative. Find ways that demonstrate your relationship and provide them. Provide letters of explanation or sworn declarations from family or friends that can attest to your common-law status. The final decision regarding your common-law documents will be at the discretion of the visa officer but the more proof you can provide, the better your chances of being accepted.
If you are in a conjugal relationship and looking into sponsoring your partner, immigration officers will expect to see the following evidence:
For both conjugal and common-law relationships, there is no legal documentation or a specific point in time that solidifies your commitment to one another. Instead, immigration officers will expect to see evidence of significant emotional and interpersonal ties that demonstrates that you are in a serious, committed relationship with the intention to remain in that relationship long-term.
In order to be eligible for spousal sponsorship of any kind, you need to prove that your relationship is legitimate. There are several factors that are taken into consideration by immigration officers, depending on the nature of your relationship.
Visa officers will consider a range of elements to determine if your relationship is genuine. Some of the elements they will consider are more traditional, like photos of your wedding that show members of your family in attendance. Others can be more unique to the cultural practices of the region.
If your relationship is unconventional, providing additional evidence of the genuineness of your relationship is recommended. Letters of explanation can also help a visa officer understand why your relationship might not have all the same indicators as a more traditional marriage from your cultural background. Be advised that marriage ceremonies that are conducted over the internet are not accepted for Canadian immigration purposes.
If your spousal sponsorship application was refused, you have the option to re-apply. However, it is very important to address the reason for the refusal in your application with new information or documentation.
You can withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada.
When planning to sponsor your spouse to join you in the beautiful province of Quebec, it’s crucial to note that the sponsorship process for residing in Quebec differs from the rest of the country.
Understanding the unique requirements and procedures is vital for a successful application. In Quebec, additional documents and fees are mandated to thoroughly review your sponsorship application.
To navigate through the distinctive stages, documentations, and grasp the essential details about the supplementary fees, we invite you to explore our comprehensive article, “Applying for Spousal Sponsorship in Quebec” This article is designed to provide you with valuable insights, ensuring you are well-prepared and informed for a seamless sponsorship process in the distinctive context of Quebec sponsorship.
Unlike Parent and Grandparent sponsorship, there is no intake cap for spousal sponsorship. Canada continues to accept spousal sponsorship applications throughout the year.
No. Simply marrying a Canadian does not automatically give the spouse Canadian permanent residence. Once you are married or in a common-law relationship, you can then apply for a spousal sponsorship. Only after the application for spousal sponsorship is approved, will the married spouse become a Canadian permanent resident.
If you wish to sponsor your common-law partner but are 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. You can only count time physically separated from your spouse toward time cohabitating with the common-law partner you wish to sponsor. To demonstrate the end of your spousal relationship, you should provide additional documentation, such as:
A common-law couple may be separated due to extenuating circumstances such as a family emergency, hostile country conditions, or employment or education-related reasons. To sponsor your common-law partner, you must have been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship. If you are not currently living with your partner at the time of applying, you must provide sufficient evidence that you have previously lived together and intend to live together in Canada upon being sponsored. You will also need to provide convincing evidence to show that while living apart, you have continued to maintain your common-law relationship.
As each application is as unique as the relationship itself, an experienced representative can assist you in preparing the strongest application possible.
If you would like to know more about your options for spousal sponsorship, please contact us.
If you want to sponsor your spouse or children, or if you want to be sponsored, we can help! Simply complete our free sponsorship assessment and a member of the Canadim Team will contact you to discuss your options!