Canada’s spousal sponsorship program is an important route for Canadian citizens and permanent residents to reunite with loved ones from other countries by granting them permanent residency (PR).
Whether you intend to sponsor your spouse, common-law partner, or conjugal partner, it’s crucial to understand the details of the process.
It’s important to note that Canada has recently introduced two new automation tools to expedite the process of sponsoring a spouse, common-law partner, or conjugal partner.
This detailed guide will cover the meaning of spousal sponsorship, the distinctions between common-law and conjugal partners, eligibility requirements, financial obligations, necessary documents, application procedures, and steps to take if your sponsorship application is denied.
Watch this in-depth video covering Spousal Sponsorship
Navigation Guide
What is Spousal Sponsorship?
Common-Law vs. Conjugal Partners: Key Differences
Basic Eligibility Criteria for Spousal Sponsorship
Financial Undertaking: Your Responsibility as a Sponsor
Required Documents to Strengthen Your Case
How to Apply for Spousal Sponsorship
What to Do if Your Sponsorship Application Is Refused
What is Spousal Sponsorship?
Spousal sponsorship in Canada allows a Canadian citizen or permanent resident to sponsor their spouse, common-law partner, or conjugal partner to obtain permanent residency in Canada.
This program aims to reunite families and enable Canadians to build their lives in Canada alongside their loved ones.
Types of Relationships
The Canadian spousal sponsorship program recognizes three primary types of relationships:
- Spouses: Legally married partners.
- Common-Law Partners: Partners who have lived together in a conjugal relationship for at least 12 consecutive months.
- Conjugal Partners: Partners who have been in a committed relationship for at least one year but cannot live together due to circumstances beyond their control, such as immigration barriers.
It’s essential to identify the correct category for your relationship to ensure your application is properly processed.
Common-Law vs. Conjugal Partners: Key Differences
In spousal sponsorship, it’s crucial to distinguish between common-law and conjugal partners.
While both are recognized under Canada’s immigration laws, they have different definitions and criteria.
Common-Law Partners
A common-law partnership refers to a relationship where two individuals have lived together in a conjugal relationship for at least 12 consecutive months.
To qualify as a common-law partner, you must provide proof of cohabitation, such as joint bank accounts, shared leases, or utility bills.
The relationship must be genuine, with both partners intending to live together permanently in Canada.
Conjugal Partners
Conjugal partners are those who have been in a committed relationship for at least one year but are unable to live together due to circumstances beyond their control.
These circumstances might include immigration barriers, cultural or religious reasons, or legal constraints.
Unlike common-law partners, conjugal partners do not need to provide evidence of cohabitation. However, they must prove that their relationship is genuine and committed.
Conjugal partner sponsorship is generally used when the couple cannot meet the requirements for marriage or common-law status, often due to external factors.
Basic Eligibility Criteria for Spousal Sponsorship
To successfully sponsor a spouse, common-law partner, or conjugal partner to Canada, both the sponsor and the sponsored person must meet specific eligibility requirements.
For the Sponsor:
- Status in Canada: The sponsor must be a Canadian citizen, permanent resident, or a registered Indian under the Canadian Indian Act.
- Age: The sponsor must be at least 18 years old.
- Residency: If the sponsor is a permanent resident, they must live in Canada. Canadian citizens residing abroad must show their intention to return to Canada once the sponsored person becomes a permanent resident.
- Financial Ability: The sponsor must not be receiving social assistance, except for reasons of disability, and must demonstrate the financial means to support the sponsored person.
- Previous Sponsorship: The sponsor should not have been sponsored as a spouse within the last five years or be in default of any previous sponsorship obligations.
For the Sponsored Person:
- Relationship Status: The sponsored person must be legally married to, in a common-law relationship with, or be a conjugal partner of the sponsor.
- Age: The sponsored person must be at least 18 years old.
- Genuine Relationship: The relationship between the sponsor and the sponsored person must be authentic and not primarily for immigration purposes.
- Admissibility: The sponsored person must not be inadmissible to Canada on grounds such as criminality, health, or security.
Meeting these eligibility requirements is crucial for the success of your sponsorship application.
Financial Undertaking: Your Responsibility as a Sponsor
When you sponsor your spouse, common-law partner, or conjugal partner to Canada, you are agreeing to a financial commitment.
This commitment is a legal obligation to provide financial support for the sponsored person’s basic needs, including food, clothing, and shelter, as well as any healthcare not covered by public health services.
Duration of the Financial Commitment
The length of this financial responsibility depends on the type of relationship:
- Spouse or Common-Law Partner: 3 years from the date the sponsored person becomes a permanent resident.
- Dependent Child: 10 years or until the child turns 25, whichever comes first.
It’s important to remember that this financial commitment remains in effect for the entire duration, even if your relationship with the sponsored person ends.
Required Documents to Strengthen Your Case
A strong, well-documented application is essential for the success of your spousal sponsorship.
Providing complete and accurate documentation will help demonstrate the genuineness of your relationship and your eligibility to sponsor.
Key Documents for the Sponsor:
- Proof of Status in Canada: Copies of your Canadian passport, citizenship certificate, or permanent resident card.
- Proof of Financial Ability: Recent tax assessments, pay stubs, or bank statements to show your financial capacity to support the sponsored person.
- Previous Sponsorship Undertakings: If applicable, documents related to any past sponsorship commitments.
Key Documents for the Sponsored Person:
- Proof of Relationship: Marriage certificate (for spouses), evidence of cohabitation (for common-law partners), or proof of a committed relationship (for conjugal partners).
- Identity Documents: Passport, birth certificate, and other identification documents.
- Police Certificates: From any country where the sponsored person has resided for more than six months since turning 18.
- Medical Examination: Results of a medical exam conducted by an approved physician.
- Photos and Communication Records: Photos of the couple together, communication records (such as emails and chat logs), and affidavits from friends and family confirming the authenticity of the relationship.
Organizing these documents and presenting them clearly in your application will significantly improve your chances of approval.
How to Apply for Spousal Sponsorship
The process of applying for spousal sponsorship involves multiple steps. Completing each step accurately and thoroughly is crucial for a successful application.
Step 1: Collect All Required Documents
Before beginning the application process, gather all necessary documents for both the sponsor and the sponsored person.
Be sure to review and confirm the specific requirements based on your relationship type.
Step 2: Fill Out the Application Forms
The spousal sponsorship application package includes several forms that must be completed by both the sponsor and the sponsored person. These forms are:
- IMM 1344: Application to Sponsor, Sponsorship Agreement, and Undertaking.
- IMM 5533: Document Checklist for Spousal Sponsorship.
- IMM 0008: Generic Application Form for Canada.
- IMM 5669: Schedule A – Background/Declaration.
- IMM 5406: Additional Family Information.
Follow the instructions for each form carefully, making sure that all information is accurate and complete.
Step 3: Pay the Application Fees
The application fees for spousal sponsorship are as follows:
- Sponsorship Fee: CAD $85
- Principal Applicant Processing Fee: CAD $545
- Right of Permanent Residence Fee: CAD $575
- Biometrics Fee: CAD $85
- Dependent Child Fee: CAD $175 per child
Fees must be paid online, and proof of payment should be included in your application package.
Step 4: Submit the Application
After completing all forms and gathering the required documents, submit your application online by filling out the necessary online forms as outlined in Step 1.
Be sure to retain copies of all forms and documents for your records.
Step 5: Await Processing
Processing times for spousal sponsorship applications can vary based on the applicant’s country of residence and other factors.
Typically, processing takes around 12 months or longer. During this period, you might be requested to submit additional documents or attend an interview.
What to Do if Your Sponsorship Application Is Refused
Receiving a refusal on your spousal sponsorship application can be disheartening, but it’s important to know that you have options if this happens.
Understanding the Reason for Refusal
First, determine why your application was refused. Common reasons include:
- Insufficient proof of a genuine relationship
- Inadmissibility due to criminal or health issues
- Errors or omissions in the application forms
- Failure to meet eligibility criteria
You will receive a letter outlining the specific reasons for the refusal.
Options for Addressing a Refusal
If your application is refused, you have several options:
- Reapply: If the refusal was due to missing documents or insufficient evidence, you can submit a new application with improved documentation.
- Appeal the Decision: You can appeal the refusal to the Immigration Appeal Division (IAD) within 30 days of receiving the refusal letter. This formal process allows you to present your case and provide additional evidence.
- Judicial Review: If you believe the refusal resulted from a legal or procedural error, you can request a judicial review by the Federal Court of Canada. This option is more complex and usually requires legal assistance.
Each option has specific procedures and deadlines, so it’s important to act promptly and seek legal advice if needed.
Canada’s spousal sponsorship program is a crucial pathway for families seeking to reunite, but it involves a detailed and careful process. By understanding the distinctions between common-law and conjugal partners, meeting eligibility criteria, gathering the required documents, and knowing your options if your application is refused, you can navigate the sponsorship process more effectively.
Following the guidelines in this article will help you approach the spousal sponsorship process with confidence, bringing you closer to reuniting with your loved one in Canada.
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