Spousal Sponsorship Spousal Sponsorship Canada Sponsorship

Spousal Sponsorship 2023

If you are a Canadian Citizen or Permanent Resident, and qualify, you are able to sponsor your loved one from abroad for Permanent Resident status in Canada. Canada's diverse immigration system accounts for all different types of relationships, including marriage. If you were legally married abroad, so long as the marriage was legal where it took place, Citizenship and Immigration Canada will recognize this union.

Family Unification is the cornerstone of Canada's immigration system. So long as you can demonstrate the validity of your marriage and the genuineness of the relationship, you can definitely apply for sponsorship.

Spousal Sponsorship

The First step to any sponsorship application is ensuring that you are eligible to sponsor. In order to qualify as a sponsor, you must:

  • Be at least 18 years of age;
  • Be a Canadian Citizen or Permanent Resident;
  • Agree to provide financial support to the person they are sponsoring.

Changes to Spousal Sponsorship Application

Spousal Sponsorship

As you are aware on December 15, 2016 there have been changes made to applications to sponsor a spouse,common-law or conjugal partner anddependent children to Canada. Immigration, Refugees and Citizenship Canada (IRCC) has made these changes to reduce processing times and help families reunite faster. Also, this change was put into effect to reduce the existing spousal inventories. The changes that have been made does not affect the requirements an applicant has to meet to obtain permanent residency status in Canada. The change is made to help make the application process easier resulting in faster processing times.

Changes to Spousal Sponsorship Application Process

  1. Application Guideline, Kits and Forms have been made easier to use and follow

  2. Application has to be complete and fully documented by the applicant for it to be accepted for processing,

  3. Applications can be linked to online account that will allow Citizenship and Immigration Canada (CIC) to communicate with applicants easier such status on their application or what documents are pending.

  4. Schedule A- background /declaration form is no longer needed to submit upfront. CIC will request it when needed and allows you to submit it either electronically or through paper format within the time frame give.

  5. Medical Exams are no longer needed to submit upfront with your application but you will rather get instructions of when to submit an medical exam

  6. Police Clearance Certificate from the country they are currently in and any other country they have lived in since age of 18

Simplified Sponsorship Kits and Forms

  • One of the great changes is that the application guideline,kits and forms have made easier to understand and follow. Before there used to be separate applications for spouses,common-law partners,conjugal partners, dependent children and their sponsors but now have been combined into one application package. All applicants whether inside or outside of Canada use the same application package and checklist. Meaning there is no separate application for inland or overseas anymore.

  • The document checklist has been made more personalized based on who is getting sponsored. The applicants can use one of four checklists to find what out forms and documents they need to submit with their application to get processed.

  • The 13 overseas document checklists have been combined into a country specific requirement tool which allows applicants to select the country from the drop down list and find out if any additional forms are required or if there are special instructions regarding the documents they will submit as part of their application.

  • Whether you are sponsoring your spouse from inside or outside of Canada you will only use one webpage on the IRCC website that provides you the links to new forms and tools.

Sponsorship Application has to Complete and Documented

  • When submitting your sponsorship application for processing the immigration officer checks that the application is complete and has all the supporting documentation. For your application to be processed in a timely manner it is important to ensure your application is complete and has all the necessary supporting documentation to avoid delays.

  • The first assessment is done by CPC Mississauga and the immigration officer looks for completeness in the application. For the application to be considered complete as the applicant you must ensure you have all the forms completed and signed. This includes any country specific forms based on the applicants' country of residence. Also, the applicant must ensure they have proof of payment made. If your application misses anything then it will returned back to you as incomplete.

  • IRCC will return any applications that are incomplete or missing documents required by the checklist.

  • Immigration officer can still ask for additional documents from the sponsor or applicant at any time until a decision is made on the application.

Applicants are encouraged to Link their application to Online Account

  • Once your application is considered complete and documented by CPC Mississauga you will get a receipt of acknowledgement and the principal applicant will get a request to create an online account and link their application to their online account within seven calendar days. Applicants that choose not to create an online account can expect longer processing times for their application.

  • Should you decide to create an online account as the principal applicant and have linked your application to it, you will receive all communication from IRCC through your online account. When linking your application to your online account it will help improve communication with applicants and you will no longer receive communication through email or mail.

Should you decide not to link your application then communication is received through email or mail with the applicant or representative.

Sponsorship Application Schedule A

Under the new spousal sponsorship application process, the Schedule A- Background/Declaration is no longer needed upfront. The Schedule A can now be electronically submitted nd validated if you have an online account. Applicants are given 30 days to upload their validated Schedule A.

If you decide not to create an online account or you do not create an online account within seven calendar days than you will receive communication via email or mail from CPC Mississauga to submit your paper copy of your validated Schedule A within 30 days from the date of the letter.

If you fail to provide the Schedule A whether it is electronically or through paper within the 30 days of the request, your application may potentially be refused by CPC Mississauga for not following instructions.

Spousal Sponsorship Medical Examination

Medical examination no longer have to be taken up front, once your application is submitted for processing you will get instructions from CIC on steps you need to take. The request will either be send through your online account, email or mail depending on your set up. Once you receive the request formedical examination you will have 30 days to complete the examination. If you do not provide the medical examination within 30 days your application can be potentially refused for not meeting medical requirements.

Spousal Sponsorship Police Clearance Certificate

If you are 18 years of age or older you are required to complete a criminal background check to ensure you have not criminal inadmissibility. You are no longer required to submit a Police Certificate upfront when submitting a spousal, common-law, conjugal or dependent child sponsorship application. It is recommended to start the process of obtaining your police clearance because it can take time to get them.

Police Certificate is required in the country you are currently residence of and any other country you have spent most of your adult life in since age of 18. Applicants have 30 days to provide the requested information. If you are unable to get police certificate due to a war, conflict, natural disaster or whatever the reason may be, a written explanation has to be provided by the applicant.

Spousal Sponsorship Eligibility

If you are looking to sponsor your Spouse, you will first need to determine whether you meet the requirements to be a sponsor.

If you want to be a sponsor to your loved-one, you must meet the following requirements:

  • You must be 18 years of age and older
  • You must be a Canadian citizen, permanent resident, or registered Indian
  • You must be sponsoring a member of the Family Class, such as your spouse or common-law partner
  • You must live in Canada, or if you live outside of Canada, you must provide proof that you will live in Canada once the person you are sponsoring becomes a Permanent Resident of Canada
  • You and your spouse or common-law partner must sign an agreement that you understand your obligations and responsibilities
  • You must sign an undertaking that you will provide the basic requirements for your spouse or common-law partner and his or her dependent children
  • You must provide proof that you have sufficient funds to provide the basic requirements for your spouse or common-law partner and his or her dependent children.

You will not be able to sponsor your spouse or common-law partner in the following circumstances:

  • You signed an Undertaking for a previous spouse or common-law partner and three years have not passed since he or she became a Permanent Resident
  • You receive social assistance for a reason other than a disability

Overseas Sponsorship

An Overseas Sponsorship is when you, as a Canadian Citizen or Permanent Resident of Canada, applies to Sponsor your Foreign National Spouse who is not residing in Canada. The advantage of an Overseas Sponsorship application is that it generally has a faster processing time than an Inland Sponsorship application. The disadvantage of an Overseas Sponsorship is that it will likely be difficult to live together with your Foreign Spouse in Canada until an immigration officer renders a positive decision on your application.

Inland Sponsorship

If you, a Canadian Citizen or Permanent Resident of Canada, and your Foreign National Spouse live together in Canada then you will need to Sponsor your Spouse under the Inland Sponsorship application category. In this case, your Foreign Spouse will have temporary status in Canada. Thus, one disadvantage of the Inland Sponsorship category is that your Foreign Spouse will need Temporary Resident status, which can be difficult to obtain in some cases. The Inland Sponsorship route is also a longer process. However, the advantage of the Inland Sponsorship is that the Foreign Spouse may be eligible for an Open Work Permit while your Spousal Sponsorship application is being processed. Thus, your Foreign Spouse will get to work in Canada and the two of you can live together in Canada while you are awaiting a response to your Sponsorship application.

Financial Requirements

When sponsoring your Spouse, Common Law or Conjugal partner, there are no minimum financial requirements. However, this does not mean that your finances will not come into question. Citizenship and Immigration Canada, when reviewing your application, will want to see that you and your spouse or partner are financially stable and will not result to social assistance as a means of financial support. Simply put, just because there is no minimum financial requirement, does not mean that there is no requirement at all.

What You will Need for Spousal Sponsorship

Citizenship and Immigration Canada recognizes legal marriages from all walks of life. Age differences, arranged marriages etc. So long as the marriage was legal where it occurred, you are eligible. That being said, when it comes to spousal sponsorship, the most important document is of course the marriage certificate. Aside from this, you will need to demonstrate that you are in a bona fide relationship and not one solely for the purposes of immigration. Demonstrating the genuineness of your relationship can be done through documentation like photos, love letters, proof of correspondence etc.

How We Can Help with your Spousal Sponsorship Application

When sponsoring a member of the Family Class, aside from the basic documentation like your identity documents or status documents, you will need to strongly demonstrate the genuineness of your relationship. You will also need to demonstrate that your marriage was valid and legal when it occurred. Lastly, though there are no specific financial requirements, you will need to be able to demonstrate that you have the funds necessary to comply with your Sponsorship Agreement and Undertaking.

We will assist you:

  • Draft the necessary forms;
  • Draft appropriate supporting documentation like employment reference letters, personal statements, reference letters from friends and family;
  • Assist you with gathering important documentation that attests to the genuineness of your relationship;
  • Compile the strongest possible case as per your unique situation;
  • Prepare you for your for any interview should one be requested;
  • Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time; and
  • Of course, be with you every step of the way.

For more information on Spousal Sponsorship, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

One of the most important requirements for sponsoring a spouse or partner from outside Canada of is to prove that you will return to Canada, once your spouse or partner receives their permanent residence.

It may be difficult to prove your intention sometimes, but there are a lot of ways that can help you prove your intention.

  • Any future job offers that you may be returning to;
  • Or you may be applying to various jobs in Canada;
  • If you still have family that lives in Canada;
  • You may have bank accounts in Canada;
  • Perhaps you and your spouse bought a property together ( proof of house hunting);
  • Letters from friends and family

The idea is to show your intention and your attempts to return to Canada.

It is important to note that simply having one job application or one letter from your family in Canada may not make a convincing case. It has to be a combination of documents that will help convince an officer.

For instance, you are Canadian citizen but are presently living in Australia. You decide to return to Canada but would like to sponsor your wife to come with you; your wife is an Australian citizen. To sponsor your wife you may submit documents like financial statement of your bank accounts in Canada. If you are applying for jobs in Canada or are looking for houses in Canada, then provide copy of your job applications or your emails with the realtor. All of these documents will make your application stronger.

If you have any questions about spousal sponsorships, you can contact us, and our team of experienced professionals will be happy to help you.

Spousal sponsorship allows loved ones to be united with one another in Canada so they can have access to a better life. The process of sponsoring your loved one to gain permanent residency in Canada can be long and tough. This is due to the fact that each year, the government of Canada receives many applications by individuals like you who are trying to bring their spouse to Canada through sponsoring them. The process becomes even more difficult when the application is refused by Immigration Canada.

Application Is Refused But You Don’t Know Why?

Your application can be refused for various reasons such as:

  • Your spouse has a criminal record
  • Marriage is not genuine
  • Not financially able to support
  • You may have sponsored someone else

We Know How It Feels!

It is very disappointing when the spousal application is refused, especially after waiting for so long to finally hear a decision that is not in your favour and we understand that.

If the application to sponsor your spouse is refused, that does not mean that there is nothing else you can do? Immigration Canada has created options for you where you can appeal your case or start a brand new application.

What Is An Inland Application?

Inland application is when you applied for spousal application from within Canada, which allowed your spouse to remain in Canada while the application was processed. If this applies to you and your application was refused, then you lose the right to appeal and your spouse has to leave Canada.

This does not mean that you are unable to start the process again; this just means that the application for spousal sponsorship can be made from overseas. It is usually recommended that the application or the appeal be made from overseas as the processing times are much lower compared to making an inland application.

What Is An Overseas Application?

If you made an overseas application regardless of whether you were in Canada or outside of Canada, receiving a negative decision on your spousal application does not mean that it is the end of your application process.

The benefit of overseas application is that it gives you the right to appeal your case. Moreover with the overseas application you can choose to start a new spousal sponsorship application if you wish not to appeal.

Which Is Better?

This depends. However, starting a new application, in most cases, is a better idea with regards to the processing times, as a new application will take less time as compared to appealing your case.

Appealing Your Case?

If you choose the route to appeal your case, the appeal has to be filed with Immigration Appeal Division and it has to be filed within 30 days of receiving the negative decision on your application.

The Immigration Appeal Division hears appeal cases and makes the decision of refusing your appeal or granting your appeal. The decision is based on the evidence you provide with regards to why your spousal sponsorship was refused in the first place.

With Immigration Appeal Division, you are able to tell your story and this gives your application a face. Moreover this gives you a chance to show why your spouse should be allowed permanent residency in Canada.

It is in front of the members of the Immigration Appeal Division that you have the chance to convince the members as to why the application should not be refused.

Appeals At IAD

Appeals in front of the Immigration Appeals Division can take up to two years to receive a date of hearing. At the hearing both the spouse and sponsor are usually present, but most important the sponsor is present and gives a testimony in front of the members along with providing any evidence that the Immigration Appeals Division has asked for.

You’re Not Alone!

Going through this process can be tough, especially when you have little knowledge of the law. Immigration law can be very complicated as there are many things that can be overlooked. Thus having a professional guide you through the process a long the way can be very assuring. Especially when it comes to Immigration Appeal Division, having a representative with you there can provide you with a sense of relief, as they are aware of the procedure.

At Akrami & Associates, we have experienced immigration representatives that will guide you through the whole process and help you attain the result you desire.

In order to sponsor a family member that is not,

  • a spouse
  • a common-law partner
  • a conjugal partner
  • a dependent child

you must meet the financial minimum requirement set out on the Low Income Cut-Off (LICO) table.

Due to the fact that many people cannot reach this threshold, it is common for many to attach a co-signer to their application and therefore have their co-signer’s joint income as a means to reach the minimum income cut-off.

Common questions that may arise are,

  • Who can be a co-signer?
  • Do I have to reside in Canada while the application is processing?
  • What are the obligations involved?

If a sponsor does not have enough income to support themselves and the family members they wish to sponsor, the sponsor’s spouse or common-law partner, who must be a Canadian citizen or permanent resident and at least eighteen years of age, may be a co-signer on the Sponsorship Agreement and Undertaking.

There are, as with any application, many instructions in terms of being a co-signer. One to keep in mind is that, according to the Immigration and Refugee Protection Act (IRPA) regulations, a co-signer must reside in Canada on the day which the application was filed, and from that day, until the day a decision is made.

In addition to this, the co-signer must meet all the eligibility requirements as that of the sponsor. Similar to meeting the eligibility requirements, a co-signer would also carry all the obligations a sponsor would in the undertaking.

If you are having difficulty understanding whether or not you require a co-signer and how financial eligibility works, At Akrami & Associates, we can help you determine whether or not you need or can have a co-signer. Our legal experts can also assist you with the application and any further questions you may have throughout the process.

Whether you are in a marriage, common-law or conjugal relationship, in order to have a successful sponsorship application, it is important to prove that you have a genuine relationship. You may be thinking that this is simple enough, but that is because you have knowledge of the true state of your relationship. The challenging part is convincing the visa officer.

There are three types of recognized relationships in Canada;

  • a marriage
  • a common-law relationship
  • a conjugal relationship.

As all three types of relationship differ in nature, different types of documentation will need to be provided depending upon the type of relationship that you are in.

If you are married to your partner, some documents that may need to be submitted with your application include,

  • your marriage certificate
  • wedding photos
  • wedding invitations
  • shared assets (this can be mortgages or leases)
  • divorce papers (if this is applicable to you)

Essentially you need to understand that your obligation is to show the visa officer that your marriage is true and legitimate.

If you are in a common-law relationship, you may show evidence in the form of,

  • a statutory declaration
  • any documents that will show you have been living together for one year (perhaps letters addressed to you at similar addresses)
  • any joint bank accounts you might have or;
  • insurance policies

For this type of relationship, the obligation is to prove that you are not only in a real relationship, but that you meet the requirement of living together for twelve consecutive months, during which time, you have been in a personal and intimate relationship.

The burden of proof for conjugal relationships is showing that some sort of barrier existed that did not allow for you and your partner to live in a common-law relationship or to get married. Conjugal relationships are more challenging. Any evidence that suggests that obstacles resulted in your conjugal relationship would be beneficial to you.

It is important to understand that what separates a conjugal relationship and a common-law relationship is the mandatory condition of living together for one year, and so, your evidence should be geared towards convincing the visa officer that it was impossible to live together for one year, however at the same time, showing that the relationship is genuine.

Knowing which documents are the right documents to gather are not only difficult but also crucial to the success of your application. At Akrami & Associates, our experienced legal representatives have experience handling various types of spousal sponsorships. We will gladly assist you with the process and help ease your way through this monumental moment. Call us today for a consultation.

If you marry a person outside Canada and then you want to sponsor your spouse or common-law partner and your spouse or common-law partner wants to live at his or her home country while his or her application in process, then his is called overseas spousal sponsorship. This is also called sponsoring family member under a family class.

If you want to sponsor your spouse or common-law partner inside Canada which means your spouse or common law partner is living with you in Canada, then you need to submit an inland spousal sponsorship application.

If you get married outside Canada and your spouse or common-law partner comes to Canada as visitor on a visitor visa, you can sponsor him or her inside Canada and your partner has to live in Canada while his or her application is in process.

If you want to sponsor your spouse or common-law partner you can sponsor inland or overseas but when it comes to conjugal partner then you can only sponsor from outside Canada.

Inland Applications For Spousal Sponsorship:

As you know inland sponsorship means that you are sponsoring your spouse or partner while he or she resides inside Canada. Sponsoring your spouse or common-law partner from inside Canada has advantages as well as disadvantages.

Advantages:

· Your spouse or common-law partner can stay in Canada while his or her application is in process and waiting for a final decision from Citizenship and immigration Canada (CIC). If your spouse or common-law partner visa expired and he or she has no status, he or she can still live in Canada, it is called implied status. Meaning, even those who do not have status in Canada, can still have a successful application

· Your spouse or common-law partner may be eligible for open work permit, which means they can work in Canada while they are staying in Canada and waiting for decision on their application.

Disadvantages:

· If your file an inland application it usually means longer processing times. It means your spouse or common-law partner will have to wait more for final decision then if the application was filed overseas

· Your spouse or common-law partner has to stay in Canada during the application process. If he or she leaves Canada, then Citizenship and Immigration Canada may return or refuse the application. You may be asked to start the application all over again.

· If you are sponsoring your common-law partner or spouse inside Canada and your spouse or common-law partner application is refused, you have no right to appeal that decision and your spouse or common-law partner has to leave Canada.

Overseas Application For Spousal Sponsorship:

Overseas spousal sponsorship means that you are sponsoring your spouse or common-law partner who is living outside of Canada.

There are also some advantages and disadvantages for an overseas spousal sponsorship.

Advantages:

· If your spouse or common-law partner is living outside Canada and you sponsor him or her, it will take less time than inland. Your spouse or common-law will receive final decision significantly earlier. Now this is not always the case. Some countries do have longer processing times than inland. But predominantly, most overseas applications are processed faster

· Your spouse or common-law partner can visit Canada while his or her application is in process and waiting for final decision so long as they have the appropriate visa. Whereas inland applicant, your partner cannot exist easily

· If you have applied for spousal sponsorship and your application is refused, then as an overseas applicant, you have a right to appeal after refusal. This opportunity is not available to inland applicants.

Disadvantage:

· The only disadvantage of overseas spousal sponsorship is that if you sponsor your spouse or common-law partner as member of family class, then he or she is not eligible for open work permit while his or her application is in process

· Also, unless you have the necessary visa, you may also be apart from your partner for months at a time

It always depends on your circumstances as to which option is best for you. How you want to sponsor your spouse or common-law? The best way to determine which option is good for you is to consult with an immigration lawyer.

When you consult with immigration lawyer, they will tell which option is beneficial for you according to your circumstances.

If you have any question regarding inland versus overseas application for spousal sponsorship, please give us call. We will definitely provide you information and choose a best option for you.

More Articles ...

  1. Inland vs. Outland Spousal Sponsorship
  2. Conditional Permanent Residency
  3. Am I a Spouse, Common-law or Conjugal Partner?
  4. Spousal Sponsorship Canada Criminal Record
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