Spousal and Common-law Partner Sponsorship

The objective of the Family Class of immigration is to reunite close family members in Canada.

The Family Class allows Canadian citizens and permanent residents to sponsor their dependent children, parents and grandparents, and spouse or common-law/conjugal partner. Canada strongly supports keeping families together whenever possible. As such, the processing of Family Class applications is given the highest priority at Canadian Visa Offices.

 

The Spousal Sponsorship Category

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner for Canadian permanent residence.

Both the Canadian citizen or permanent resident (also called the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be approved by Immigration, Refugees and Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.

In order to receive a visa through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories:

  • Spouse
  • Common-law Partner
  • Conjugal Partner

NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under any of the above three categories, provided they meet all eligibility requirements.

To learn more about eligibility requirements for the sponsor and sponsored person, call us +91-8595338595.

 

Outland Sponsorship

An Outland application is generally pursued when the sponsored partner is living outside of Canada. However, Outland applicants can still be in Canada and apply through the Outland program, and may be permitted to travel in and out of Canada throughout the application process. Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year.

This sponsorship program allows a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status, regardless of where the spouse is currently residing.

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian or permanent resident may sponsor his or her spouse/common-law partner for permanent resident status in Canada. Both the Canadian citizen or permanent resident (the sponsor) and the foreign national (the sponsored person) must be approved by Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) in order for the sponsored person to receive a visa.

There are two parts to the spousal sponsorship application:

  • The Canadian or permanent resident applies to sponsor his or her spouse or common-law partner; and
  • The spouse or common-law partner applies for permanent residence.

The Outland sponsorship route is generally chosen when the sponsored person is living outside Canada. However, it is possible for a spouse/common-law partner living in Canada to apply through the Outland program. This option may permit the sponsored person to travel in and out of Canada throughout the application process. In such an instance, however, it is at the discretion of Canadian immigration authorities as to whether the sponsored person may re-enter Canada during the process. Additionally, it is at their discretion as to whether the application may continue to be processed if the sponsored person leaves Canada at any point throughout the application process.

Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year. Processing times are listed by individual countries where the application is being made, which allows couples to make better informed decisions on which sponsorship route, Inland or Outland, they should pursue.
In cases of spousal and common-law partner sponsorships, IRCC is committed to issuing visas as quickly as possible in order to rapidly reunite families. IRCC aims to process applications submitted through this program within 12 months.
Regardless of the sponsorship path chosen, both the sponsor and the sponsored person must meet a number of specific requirements in order to be considered eligible.

 

Inland Sponsorship

The other potential option for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing him or her to work for any employer in Canada while the sponsorship application is being processed.

The Inland Spousal/Common-Law Partner Sponsorship program allows a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status if the couple is already living together in Canada.

The Spousal Sponsorship program is a subsection of the Family Class immigration category, under which a Canadian or permanent resident may sponsor his or her spouse/common-law partner for Canadian permanent residence. Both the Canadian citizen or permanent resident (also called the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be approved by Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) in order for the sponsored person to receive a visa.
There are two parts to the spousal sponsorship application:

  • The Canadian or permanent resident applies to sponsor his or her spouse or common-law partner; and
  • The spouse or common-law partner applies for permanent residence.

Under the Inland sponsorship category, the foreign spouse/common-law partner must have valid temporary status in Canada, either as a worker, student, or visitor. If the sponsored person already has a work or study permit, he or she may continue to work or study as long as the permit is valid, however it is important to note that working and studying in Canada without valid status are illegal and may result in serious consequences for the sponsored person.

In contrast to Outland applications (where the spouse is residing outside Canada), the person being sponsored through the Inland route may be eligible for an Open Work Permit while his or her application is being processed. This program can help to mitigate the consequences of a long application process by enabling the sponsored person to work for a Canadian employer, without first having a confirmed offer of employment. Applicants who would like to obtain an open work permit should apply for one at the same time that they apply for permanent residence. However, IRCC states that if a sponsored spouse or common-law partner has not submitted an application for an open work permit at the same time as their permanent residence application, he or she may still submit an application for an open work permit at a later time.

If IRCC requires an interview, the sponsored person will be notified, in writing, of the date, time and location of the interview, and of the documents he or she must bring.

In the event that a sponsored person’s application is refused, he or she is required to leave Canada immediately at the end of his or her period of temporary stay. Additionally, if the sponsored person leaves Canada at any point while the application is being processed, there is no guarantee that he or she will be allowed to re-enter Canada, especially if he or she requires a visitor visa. IRCC aims to process applications submitted through this program within 12 months.

Regardless of the sponsorship path chosen, both the sponsor and the sponsored person must meet a number of specific requirements in order to be considered eligible.

 

After Sponsorship

Permanent residence granted under the Spousal Sponsorship program carries certain conditions that must be met:

  • The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
  • Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian permanent residence.
  • A two-year "legitimate relationship" regulation applies to spouses/partners who have been in a relationship for two years or less and who have no children in common at the time of application submission. Once in Canada, the sponsored person must live with their spouse/partner in a "legitimate relationship" for two years or face the possibility of having their permanent residency revoked. Exceptions will be made for sponsored spouses or partners who are suffering from abuse or neglect.
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