You are a Canadian citizen, permanent resident, or a person registered in Canada as an Indian under the Canadian Indian Act, and have married your soulmate from overseas. Before you can start enjoying life together as a married couple, you want to have your spouse live with you permanently in Canada.
But how do you start the process of immigrating your spouse to Canada?
You can file a spousal sponsorship application for permanent residence. The following article outlines the steps of a spousal sponsorship application, and what you and your spouse can expect throughout the process.
Step 1: Determine the Eligibility of the Sponsor
As the sponsor, you have to meet certain requirements before you are able to sponsor your spouse to Canada. You can sponsor your spouse, partner, or dependent child if:
- You’re at least 18 years old;
- You’re a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act;
- If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents.
- You can’t sponsor someone if you’re a permanent resident living outside Canada.
- You’re able to prove that you’re not receiving social assistance for reasons other than a disability.
- You can provide for the basic needs of any persons you want to sponsor.
If you live outside Quebec, to become a sponsor, you must also promise an undertaking, in which you will financially take care of the persons you are sponsoring for a period of 3 years. This undertaking commits you to providing financial support for your family members when they become permanent residents and repaying any provincial social assistance your family members get during that time.
There are certain situations where you CANNOT be eligible to sponsor your spouse. This includes:
- You were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago.
- You are in jail, prison, or a penitentiary.
- You did not give financial support you agreed to when you signed an undertaking to sponsor someone else in the past (applicable if you live outside Quebec).
- You were declared bankrupt and are not discharged from bankruptcy.
- You are under a removal order.
- You receive social assistance for a reason other than disability.
Step 2: Determine the Eligibility of The Applicant
If your spouse is legally married to you and is at least 18 years old, you can sponsor them. For marriages that were completed outside of Canada, you must make sure that your marriage is legally valid in Canada and in the jurisdiction in which you were married. To be eligible as an applicant, your spouse must provide all the necessary forms and documents with their application, as well as any information the IRCC requests throughout the process, such as medical exams and biometrics. If your spouse is inadmissible to Canada, you CANNOT sponsor your spouse.
Bring Your Spouse to Canada
Fill out a FREE spousal sponsorship assessment form to see if you qualify.
Step 3: Gathering the Required Documents and Supporting Documents
As of September 23, 2022, you must apply for your sponsorship application online. If you cannot apply online and require accommodations, including for a disability, you can ask for the application in another format (paper, braille or large print).
There are a number of required documents and supporting documents that you will be asked to submit with your application, and these documents can depend on the applicant’s country of origin and circumstances. Generally, documents that will be required from you will be identity documents (such as passports, birth certificates and police clearance certificates) and documents that help demonstrate the genuineness of your relationship (such as evidence of communication, financial support and public recognition of the relationship).
Make sure to check what additional documents may be required of you based on the country the applicant is submitting the documents. Additionally, ensure that all your required documents are submitted properly as failure to do so can cause further delays in your sponsorship application.
Step 4: Completing the Spousal Sponsorship Form
All forms are to have to be filled out digitally and uploaded online through the Permanent Residence Online Application Portal Account. Ensure that all your forms are properly filled out and the information provided is accurate. The Immigration Law Firm of Matthew Jeffery can act as your representative where we can assist you in completing the forms and review the information with you.
It is important to note that the forms required will vary depending on the applicant’s country of origin.
Step 5: Submitting the Spousal Sponsorship Application
Sponsorship applications are to be submitted online as of September 23, 2022, unless you request for accommodations. Before you submit your application, make sure you have:
- answered all questions on the necessary forms;
- electronically signed your application (type your full name exactly as shown on your passport);
- included your processing fee receipts;
- uploaded all supporting documents.
Shortly after you submit your application online, you will receive an acknowledgement of receipt. If your application is incomplete, IRCC will return the application, and you will be required to fix any errors and re-submit your application.
Begin Your Sponsorship Process
Step 1
Fill out a FREE Sponsorship Assessment form to see if you qualify for spousal or partner sponsorship.
Step 2
Your submission will go directly to our lawyer. If you are qualified, you will receive a reply within 1-3 business days.
Step 3
Book a consultation with our lawyer to go over the details of completing the spousal or partner sponsorship application.
Step 6: Receiving Further Requests from IRCC
Once IRCC begins processing your application, you will be sent an application number. Make sure to record this application number as it will be used to keep track of your application throughout the process. IRCC will then begin to assess the eligibility of the sponsor and the eligibility of the applicant for permanent residence.
IRCC may also send you requests throughout the processing period to complete medical examinations and your biometrics. You may also be asked to provide additional information or supporting documents and may be requested to attend an interview with a visa officer.
Throughout your processing time, you will be able to track your application and update any information as needed. It is important to update your contact information and your address if it changes throughout your processing period. Furthermore, during this time, you are also able to add or change your representative if necessary.
What Do I Do if My Spousal Sponsorship Application is Refused?
You will be notified by IRCC and receive correspondence regarding whether your application has been refused or approved.
If your application has been refused, you will receive a letter from IRCC detailing the reasons for refusal and how to appeal the decision if you’re sponsoring a spouse, partner or child from outside Canada. It is recommended to seek professional advice on what are your next options after your sponsorship application has been refused, at the Law Office of Matthew Jeffery we can help you with that.
Step 7: Preparing for Arrival
If your application has been approved, congratulations! You will receive a Confirmation of Permanent Residence document from IRCC.
As the approved applicant, if you are already in Canada, your next step will be to meet an immigration officer to receive your permanent residence.
If you are living outside of Canada when your permanent residence application is approved, you must prepare for your arrival at a port of entry into Canada. You will be required to show the border services officer you:
- Confirmation of Permanent Residence;
- Valid passport or travel document;
- Permanent Resident Visa (if you were issued one), which must be valid;
- Quebec Selection Certificate, if you are going to live in Quebec;
- Any other document IRCC issued to you and was told to bring.
We Can Help Sponsor Your Spouse or Partner
Sponsoring your spouse can be a tedious process and can sometimes be overwhelming. If the sponsorship process is not executed properly, it can cause inconvenient delays to your application and may increase the chances of your application being refused.
The Law Office of Matthew Jeffery has over 20 years of experience in guiding individuals through the entire sponsorship process from start to finish to ensure success. Fill out our Free Spousal Sponsorship Assessment form to see if we can help you sponsor your spouse or partner to Canada.