Spousal & Partner Sponsorship:

A sponsor is required to provide for the basic needs of their sponsored spouse/partner. You must also meet certain obligations and eligibility criteria.

• You must be at least 18 years of age.
• You must be a Canadian to sponsor. You must have either Canadian citizenship or be registered as an Indian under the Canadian Indian Act. Though you can sponsor as a Permanent Resident, there are some conditions.
• You must live in Canada and plan to remain in Canada when your spouse/partner comes to Canada so that you can provide for their basic needs. Canadian citizens are allowed to sponsor while they are living abroad but they must show that they intend to move back to Canada if their application is successful.
• You will have to show that you are able to provide for the basic needs of your spouse/partner. This includes employment records and certain financial records.
• You will be required to sign an undertaking that promises to provide for the basic needs of your spouse/partner.

It is important to note that Quebec has specific conditions to become a sponsor. Your application can be refused if you fail to meet the eligibility criteria and conditions set out in Canadian immigration law.

Additionally, you might not be able to sponsor if any of the following apply to you:

• It has been less than three years since you signed an undertaking for another sponsored family member.
• If you are on social assistance for reasons other than disability.
• You are in financial default for any previous undertaking, immigration loan, or court-ordered support payments.
• If you are bankrupt and that bankruptcy has not been discharged.
• If you have been previously convicted of any sexual crimes or certain violent offences.
• If you are currently incarcerated or under a removal order.

The sponsorship process can take approximately one year to gain approval If your spouse/partner lives outside of Canada. The processing time does vary as it is dependent on the workload of Canada’s immigration officials. It is also dependent on the completeness of the application as any missing or confusing information can further delay processing.

» Contact us to ensure a smooth process.

A vital component of the spouse/partner sponsorship application is proving that your relationship is genuine, and the relationship was not entered into for the sole purpose of immigration. Canadian immigration officials will examine numerous factors to determine the genuineness of your relationship. However, for each relationship type, you must meet certain preliminary eligibility criteria.

1. Spousal Sponsorship: In a spousal sponsorship application, you must provide evidence of the marriage as it must be legal and valid in the country that it took place in. If you were married outside of Canada, then you will be required to provide documentation that the marriage was recognized. In addition, the marriage must be in accordance with Canadian Federal Law.
   
   
2. Common-Law Partner Sponsorship: For a common-law partnership to be recognized by Canadian immigration officials, the sponsor and their partner must be living together for at least 12 consecutive months. In certain cases, a common-law relationship where one partner is married to a third-party but separated, can be recognized.
   
   
3. Conjugal Partner Sponsorship: As this category of sponsorship is for exceptional cases, immigration officials must be satisfied that the couple are in a marriage-like relationship for at least a year but are not married or cohabitating due to reasons beyond their control.

For all relationship types, there must be a conjugal or marriage-like relationship. For that to exist, you must prove that it is an exclusive relationship with a high degree of attachment and interdependence. In cases where there is an annulment or divorce of a previous marriage, immigration officers may need to assess the validity of the foreign decree.

If your sponsorship application was refused, then you can submit a sponsorship appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. The IAD is a court-like, administrative committee that can independently assess the decision made by immigration authorities. They will review the decision and hear any new evidence before deciding whether to overturn the original refusal.

» Learn more on how we can help with sponsorship appeals.

Yes! As a Canadian citizen or permanent resident, you can sponsor your spouse, common-law, or conjugal partner to Canada! Canada welcomes both same-sex and opposite-sex relationships!

If you are interested in sponsoring your spouse or partner, you will have to meet some basic requirements to prove that you are eligible and able to financially provide for their basic needs. For example, to be eligible, you cannot be on social assistance for reasons other than disability or in financial default for any previous undertaking, immigration loan, or court-ordered support payments. Additionally, you cannot be incarcerated, under a removal order, or previously convicted of any sexual crimes or certain violent offences.

You will also have to prove that your relationship is genuine in the sponsorship application. To assess whether a relationship is genuine, immigration officials will look at a variety of factors, including but not limited to the development of the relationship, evidence of communication, evidence of visits if the couple is separate, evidence of cohabitation if living together, evidence of interdependence, public recognition of the relationship etc. You will have to provide all relevant documentation to ensure that there are no doubts to the genuineness of your relationship. Overall, immigration authorities are looking for a real, loving, close relationship.

During the sponsorship application process, your spouse or partner will be required to pass a medical examination and a criminal background check.

It is important to note that if you live in Quebec, you will have to meet their specific requirements. You will need to apply for a Quebec Selection Certification (Certificat de sélection du Québec) so that the Province of Quebec can assess your eligibility.

Immigration officials will deny visitor visas to the spouse or partner of a Canadian citizen or permanent resident because they do not consider them to be genuine visitors as they are likely to remain in Canada permanently. Attempting to persuade immigration authorities that it will be a temporary stay may be futile.

It might be preferable to sponsor your spouse/partner for permanent residency. However, you can try to re-apply with additional evidence proving that they intend to leave Canada after their visa expires. For example, providing documentation relating to property, employment, or other commitments in their home country.

You will have a greater chance of success if you directly address the reasons for refusal in your new application. Most importantly, ensuring that your application is well-documented and filled out correctly can help prevent refusals.

» Contact us if you need help with this.

You may not be able to sponsor your spouse or partner if they have been convicted of certain criminal offences. They can be declared inadmissible to Canada, and they will not be able to enter Canada without proper authorization.

Only certain types of convictions can render a foreign national criminally inadmissible to Canada. Below is a brief overview of the types of offences that exist in Canada:

1. Summary offences: These are minor offences where the maximum penalty is less than two years in jail and/or a fine less than $5’000.
   
   
2. Indictable offences: These are the most serious offences. The penalties depend on the severity of the offence but often lead to lengthy imprisonment and/or massive fines.
   
   
3. Hybrid offences: These offences can either be handled as summary or indictable offences and Crown counsel will decide how to proceed. However, in immigration law, any hybrid offence will be considered indictable to assess admissibility.

It is important to know what the equivalent offence would be in Canada to help examine whether they will be admissible to Canada. Under section 36(2) of the Immigration and Refugee Protection Act, a foreign national is inadmissible on grounds of criminality if they have been convicted of an indictable offence or two summary offences in Canada or the equivalent outside of Canada. In addition, a foreign national can also be found to be inadmissible for committing a “criminal act,” even if that act did not result in a conviction.

However, if your spouse/partner has a criminal record then they will have to obtain a record suspension or a pardon to overcome this inadmissibility. Foreign equivalents of a discharge can be valid in Canada. They can also apply for rehabilitation if five years have passed since the end of the criminal sentence. If more than ten years have passed since the end of your criminal sentence, then you can be deemed rehabilitated. This only applies to convictions that are the equivalent to indictable offences in Canada punishable by a maximum imprisonment term of less than ten years.

If your spouse or partner is found to be criminally inadmissible to Canada, you can appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. The IAD has the authority to grant the appeal on humanitarian and compassionate grounds. As it is a complex system to navigate if you are unfamiliar with the law surrounding inadmissibility, legal representation is advised.

Your spouse/partner’s ability to work in Canada will depend on their immigration status. If they are a permanent resident of Canada or they already have a work permit that is still valid, they can work in the country. If your spouse/partner has arrived in Canada on a visitor visa, then they will have to apply for a work permit to work in the country. To apply for a work permit from inside of Canada, you must either have applied for permanent residence through the inland (inside Canada) sponsorship process or be eligible to apply under the Labour Market Impact Assessment process.

Applying for a Work Permit

An open work permit is not job or employer specific, and it can be issued to spouses/partners of Canadians as part of the inland sponsorship process. This application process allows you to submit a joint application so that the sponsored party can be approved to work in Canada while they are waiting for the final decision on their sponsorship application.

Work permits obtained through the Labour Market Impact Assessment process are employer specific. You will have to apply for the work permit online through the IRCC website. You will be asked a series of questions to determine eligibility and develop important background information for your profile. For example, you may be asked about your nationality, work experience, potential job offers in Canada, whether you have family members who are Canadian citizens, etc. After answering these questions, you will be told what programs you are eligible to apply for.

You must make sure that any information given to the immigration authorities is correct and that the application is complete. Applying with mistakes or submitting an incomplete application can lead to delays or refusal.

» Contact us to ensure this process goes smoothly for you and your spouse/partner

While submitting your application, there are payment requirements relating to processing fees. However, if you are wondering if there are income requirements relating to sponsorship then the following guide will help clear up any confusion.

Common Misconceptions

There is no specific income requirement when you are sponsoring your spouse or partner to Canada. There is a requirement to show a certain level of financial capacity so that the immigration authorities know that the sponsor can provide for the necessities once their spouse/partner arrives in Canada. Therefore, the sponsor should be employed and have enough income or have enough in savings or assets to support two people.

There is an income requirement when sponsoring other family members, Canadians who are sponsoring their spouse/partner have other financial requirements to meet, such as:

1. Sponsors must not be bankrupt, and any previous bankruptcy must be discharged.
2. Sponsors cannot receive social assistance for anything other than disability.
3. Sponsors must not be in financial default for any previous undertaking, immigration loan, or court-ordered support payments.

These requirements must be met when you apply to sponsor your spouse/partner. If any of the above requirements cannot be met, you must wait until they no longer apply and then start your sponsorship application as soon as possible. It is also important to note that having poor credit will not hinder your ability to sponsor as they do not need your credit card to process the application, nor will they do a credit check.

There are various governmental processing fees involved in a spouse/partner to Canada. This includes:

• Sponsorship fee - $75
• Principal applicant (sponsored spouse/partner) processing fee - $490
• Right of permanent residence fee - $515

The sponsorship fee and principal applicant processing fee need to be paid when the application is filed. The right of permanent residence fee will be required once immigration authorities are ready to finalise the application, but you can pay it in advance to prevent any delays.

You may also have to pay for biometrics which is $85 per person. This fee is for the start of processing and covers having your photograph and fingerprints taken. The total processing fee is $1’080 CAD or $1’165 CAD with biometrics. These fees can be paid online using a credit card and valid email address. After the online payment is processed, you can include the receipt in the application.

» Contact us if you need help with this.

Dependent children cover any child under the age 22 who is unmarried. The dependent children of a spouse or partner must be added to the sponsorship application so that the Government of Canada can examine them. Being examined means that although they are not coming to Canada, they still need to provide security/criminal checks and a medical exam. This is so they can be sponsored later, if necessary. If they are accompanying their sponsored parent to Canada, then additional documentation may be needed, including one where the other parent grants consent to their travel and stay in Canada.

If one of the parents of the dependent child is a Canadian citizen or the child was born in Canada, then they may already be considered Canadian citizens and will not need to be sponsored. It should be noted that if you need to add a dependent child to a spouse/partner sponsorship application then the governmental processing fee is $155.