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Spousal Sponsorship: Husband, Wife, Common-law partner

By October 22, 2022 November 21st, 2022 No Comments

Living alone in a different country, far away from your family, is hard, especially when you are married. To help families stay together, the Canadian government has issued Spousal Sponsorship Programs. It is an excellent option for those seeking to bring their spouse or partner to Canada permanently. Spousal sponsorship in Canada is a long-standing program that allows spouses and partners to immigrate to Canada. It differs from other immigration programs because the sponsor can be either a Canadian citizen, permanent resident, or foreign national. 

Common-Law Partner Sponsorship

A person in a conjugal relationship (a marriage-like arrangement without being married) with another individual, who may or may not be of the same sex as the common-law partner, is referred to as a common-law partner. You must prove it to establish a common-law partnership, a conjugal relationship and cohabitation. 

Spousal Sponsorship

An individual Canadian citizen or permanent resident may apply to sponsor their foreign-born partner to move to Canada permanently. To increase Canada’s family immigration quota, the government provided this privilege. In addition, a husband, a common-law partner, or a romantic companion may receive sponsorship.

Who Can Be A Sponsor/Eligibility Criteria

To become a sponsor, you must meet specific requirements. For example, you must have been living with your spouse or common-law partner in a marriage-like relationship for at least 12 months, and you cannot be married to anyone else. In addition, you must:

  • Be 18 years old or older
  • Meet language proficiency requirements
  • Have enough money to support yourself and any dependents (spouse and children) without relying on public assistance 
  • Spouses must be married to their sponsor to be eligible for the programme
  • Virtual weddings are not recognized
  • Common-law partners must show proof of a minimum of a year of cohabitation
  • Conjugal partners have lived together for at least a year and reside abroad

Your spouse must also meet these requirements before arriving in Canada. They should apply for permanent residence through the express entry system or another category of immigration. In addition, your spouse will need to pass medical examinations, provide police certificates from all countries where they have lived in the last ten years, and take a test to prove their knowledge of English or French.

Documents Checklist

Depending on the circumstances of the applicant and sponsor, you may need different documents for a Canada spouse visa.

The following documentation is required to apply for a Canada Spouse visa:

  • Copy of marriage certificate
  • Passport size photographs
  • Copy of Birth certificate
  • If you or your spouse have changed their name, you will need proof of the legal name change.
  • Copy of passport
  • Copy of bank account statements or financial records
  • Official letter of sponsorship 
  • Police clearance certificate (if applicable)
  • If you have been married before then, you would need divorce documents 
  • Records of immigration offences, if any
  • Address proof

What to do when your Spouse has received Immigration Approval?

Once your spouse has received Approval to immigrate to Canada, they will apply for citizenship within one year of their arrival in Canada. If they don’t do this within the allotted time, they will lose their status as a landed immigrant. As a result, they won’t be able to work, travel outside Canada or access many services available only to Canadians. 

After becoming a Canadian citizen, your spouse will be eligible for social benefits such as health care coverage and welfare payments. 

How long does it take?

A spouse visa for Canada takes 10 to 12 months to process. So your application can take longer than usual if it’s complicated.

The following factors are also taken into consideration when determining the processing time for Canadian spouse visas:

  • If your application was submitted successfully
  • Right payment is paid
  • How soon do you deliver ADR to CIC
  • How quickly do you respond to questions or issues
  • Other factors

Want To Bring Your Partner To Canada?

Are you unsure whether you qualify to sponsor your spouse for a spouse visa? Worry not, as your licenced immigration lawyer Ronen Kurzfeld is here to assist you. We have helped many families and assisted them through each step of the family Spousal Sponsorship process. So let’s get connected at 647-249-7976.

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