Eligibility for Spouse Sponsorship to Canada

Canada is one of the most immigration-friendly countries globally, offering numerous pathways for individuals to reunite with their loved ones.

Spouse sponsorship under the Family Class Immigration Program is a key route that allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner to live in Canada as permanent residents.

 

Results

#1. What is your primary reason for considering a marriage visa?

To join my spouse abroad

To start a new life with my partner in another country

For better career opportunities in a new country

To access healthcare and education benefits abroad

#2. Do you know which documents are required for a marriage visa application?

Yes, I have all the necessary documents

I know some, but I need guidance

No, I’m not sure about the requirements

I haven’t started researching yet

#3. How soon are you planning to apply for a marriage visa?

Within the next 3 months

In 6 months to a year

In the distant future

I’m still exploring my options

#4. Are you aware of the benefits a marriage visa provides?

Yes, I know most of the benefits

I’ve heard of a few benefits

Not really, I need more information

I didn’t know there were benefits beyond living with my spouse

#5. Which challenge do you think is the hardest part of applying for a marriage visa?

Gathering and verifying documents

Passing the interview process

Meeting financial or sponsorship requirements

Understanding the laws and regulations

#6. What support would be most helpful to you during the application process?

Step-by-step guidance on visa requirements

Help preparing for interviews

Assistance with legal and document reviews

Ongoing support after relocation

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This article explores the eligibility criteria, application process, common pitfalls, and frequently asked questions about spouse sponsorship to Canada.

Understanding Spouse Sponsorship

Spouse sponsorship allows a Canadian citizen or permanent resident to sponsor their spouse, common-law partner, or conjugal partner for permanent residency in Canada.

The program ensures families can stay together, emphasizing the importance of reunification in Canadian immigration policies.

The sponsor is responsible for the financial well-being of the sponsored partner during their initial stay in Canada. This means the sponsor must meet specific financial criteria and commit to supporting their partner for a designated period.

Eligibility Criteria

1. Eligibility for the Sponsor

To sponsor a spouse, the sponsor must meet the following criteria:

• Age Requirement: Be at least 18 years old.
• Status in Canada: Be a Canadian citizen, a permanent resident living in Canada, or a Canadian citizen living abroad who plans to return to Canada once the sponsorship is approved.
• Financial Responsibility: Agree to provide financial support to the spouse for three years after they become a permanent resident.
• No Existing Sponsorship Obligations: Not be financially responsible for another sponsored spouse or partner.
• No Government Assistance: Should not be receiving social assistance for reasons other than a disability.
• No Criminal Record: Have no record of violent or sexual offenses and not be in prison.

2. Eligibility for the Sponsored Person

The individual being sponsored must:

• Relationship to the Sponsor: Be legally married to the sponsor, in a common-law partnership (living together for at least 12 consecutive months), or in a conjugal relationship.
• Age Requirement: Be at least 18 years old.
• Admissibility to Canada: Meet health, security, and criminal background checks.
• Proof of Genuine Relationship: Provide evidence that the relationship is genuine and not solely for immigration purposes.

Types of Spousal Sponsorship

1. Inland Sponsorship

The sponsored spouse is already in Canada on a temporary visa (e.g., visitor, work, or study permit).

The application allows the spouse to remain in Canada while processing their permanent residence application.

Open Work Permits can be issued during this time, allowing the spouse to work in Canada.

2. Outland Sponsorship

The sponsored spouse resides outside of Canada.

This application is processed through the visa office in the spouse’s home country.

The sponsor and spouse can remain apart during the processing time, but the sponsored spouse can visit Canada temporarily if they obtain a visa.

Application Process for Spouse Sponsorship

The application process involves several steps. Below is an overview in table format:

Step                     Description

Step 1        Check Eligibility

Step 2       Gather Documents

Step 3        Complete Application

Step 4          Pay Fees

Step 5           Submit Application

Step 6       Biometrics & Medical

Step 7   Background Check

Step 8       Application Review

Step 9         Approval

Required Documents

Both the sponsor and the sponsored individual must provide various documents to support the application. These include:

1. For the Sponsor

• Proof of Canadian citizenship or permanent residency.
• Evidence of financial capacity (e.g., tax returns, employment letters).
• Signed undertaking to support the spouse financially.

2. For the Sponsored Individual

• Passport or travel document.
• Marriage certificate or proof of common-law/conjugal partnership.
• Police clearance certificates.
• Medical examination report.
• Photos and documents proving a genuine relationship (e.g., joint bank statements, photos, communication records).

Common Pitfalls to Avoid

1. Incomplete Applications:

Missing forms or documents can delay processing or result in application rejection.

2. Insufficient Proof of Relationship:

Failure to provide adequate evidence of a genuine relationship can lead to doubts about the application’s authenticity.

3. Criminal or Medical Inadmissibility:

Previous criminal records or failing medical checks can make the sponsored spouse inadmissible.

4. Misrepresentation:

Providing false information can result in severe penalties, including a ban from applying in the future.

Processing Times and Fees

Processing Times

Inland sponsorship: Typically takes 12 months.

Outland sponsorship: Processing times vary depending on the visa office but average 12–18 months.

SEE ALSO:

Top Insurance Companies for New Immigrants to Canada

Common Mistakes to avoid when Applying for Canada Work Visas

How to get Marriage Visa to Canada

Fees

Sponsorship application fee: CAD 75.

Processing fee for spouse: CAD 490.

Right of permanent residence fee: CAD 515.

Biometrics fee: CAD 85.

Total cost: Approximately CAD 1,165 (not including additional fees for document translation or police certificates).

FAQs About Spouse Sponsorship to Canada

Can I sponsor my spouse if I am unemployed?

Yes, there is no minimum income requirement for spousal sponsorship, but you must demonstrate you can support your spouse without government assistance.

Can I sponsor my spouse while living outside Canada?

Canadian citizens living abroad can sponsor their spouse as long as they prove they will return to Canada once the spouse is granted permanent residence.

What if my marriage is less than a year old?

You can still sponsor your spouse if you provide sufficient proof of a genuine relationship, even if the marriage is recent.

What happens if my application is denied?

You can appeal the decision through the Immigration Appeal Division (IAD) or reapply with a stronger application.

Is there an age limit for sponsorship?

While the sponsor must be at least 18 years old, there is no maximum age limit for sponsorship.

Can my spouse work in Canada while waiting for PR?

If you apply for Inland Sponsorship, your spouse can apply for an Open Work Permit, allowing them to work while the application is processed.

Do common-law partners need to be married?

No, common-law partners need not be married but must demonstrate they have lived together continuously for at least 12 months.

Can I sponsor my spouse if I have a criminal record?

If the sponsor has a criminal record, they may still be eligible to sponsor their spouse, but this depends on the type of offense. Serious crimes, particularly violent or sexual offenses, can make you inadmissible.

If your criminal record is a concern, it’s advisable to consult with an immigration lawyer to determine whether your criminal history will affect your sponsorship application.

How long does my spouse need to live with me for the sponsorship to be valid?

If you are sponsoring a common-law partner, you must demonstrate that you have lived together for at least 12 consecutive months in a marital-like relationship. However, for spouses who are legally married, there is no specific “cohabitation” requirement.

Can I sponsor my spouse if they are in Canada without status?

Yes, it is possible to sponsor a spouse who is in Canada without status (for example, on an expired visa or overstayed). However, if the sponsored spouse is in Canada illegally, their status in Canada might affect their application.

It is recommended to consult with an immigration professional for specific advice on how to proceed.

Can I sponsor my spouse if they have children?

Yes, you can sponsor your spouse and their dependent children (under the age of 22 and unmarried) as part of the sponsorship application. You will need to provide the necessary documentation for the children, such as birth certificates and proof of dependency.

What if I’m separated from my spouse but not divorced?

If you are legally separated but not divorced, you may still sponsor your spouse, provided that your separation was not due to reasons that would indicate a lack of a genuine relationship.

The separation should be temporary or have valid reasons, such as living apart due to employment, family obligations, or other circumstances.

Can my spouse apply for permanent residence before I submit the sponsorship application?

No, the sponsorship application must be submitted first. Your spouse cannot apply for permanent residency independently without the sponsorship application being initiated. The sponsorship application allows them to apply for permanent residence.

Can my spouse visit me while waiting for sponsorship approval?

Yes, your spouse can apply for a temporary visitor visa to visit you while the sponsorship application is being processed. However, if they apply for a visitor visa, they must convince immigration officers that they will leave Canada at the end of their stay. If your spouse intends to remain in Canada, it’s best to apply for inland sponsorship.

Can I submit a sponsorship application for a fiancé or girlfriend/boyfriend?

You cannot sponsor a fiancé or girlfriend/boyfriend under the spousal sponsorship program. However, once married or living together in a common-law partnership, you can apply. If you’re planning to marry soon, you can wait until the marriage is complete before submitting the application.

Final Thoughts

Spouse sponsorship is a valuable opportunity for Canadian citizens and permanent residents to reunite with their loved ones.

By understanding the eligibility criteria, process, and required documents, applicants can increase their chances of success. It’s crucial to ensure your application is thorough, transparent, and well-documented to avoid delays or refusals.

If you’re unsure about the process or need assistance, consulting an immigration lawyer or consultant can provide guidance tailored to your unique situation. The joy of reuniting with your spouse in Canada makes the effort well worth it!