Immigration Lawyer Toronto & #1 Canadian Immigration Lawyer Ronen Kurzfeld
The Basics to Know about Spousal Sponsorship in Canada
Have you made that grand choice of moving in with your Canadian partner? Then marriage isn’t the only big thing that you have to consider. The next huge step is moving into the maple leaf country. However, that means immigration, and if you’ve no clue on how to go about it chances are you’ll face a dilemma.
Now, it is best to consult a spousal sponsorship lawyer to walk you through the migration procedure. However, for your convenience, it is wise to understand the ‘need-to-knows’ on Canadian sponsorship process to make the immigration easier.
This is why; this blog will discuss about spousal sponsorship Canada and what the entire process entails. Now, even if you are engaged, a fiancé, or already married sit down and give a read, to find some useful information.
What is Meaning of Canadian Spousal Sponsorship?
The Canadian government created the spousal sponsorship program to ensure that loved ones can reside together. In basic terms, if you’re married or to be married to a stable Canadian citizen then he/she can sponsor your application for permanent residence depending on certain met criteria’s.
What are the Requirements to be a Sponsor?
For becoming a Canadian Sponsor certain requisites need to be met. These are as follows:
- A citizen must be above 18 and a resident of Canada.
- He/she cannot have sponsored a spouse for the past 5 years.
- He/she must not be in prison or under a removal order.
- H/she must not have committed a violent crime that begets almost 10 years of prison.
- H/she must not face accusations for sexual or any kind of criminal activity.
- The person should not a recipient of any sort of social assistance except for disability.
- The Person should not be facing bankruptcy.
What are The Recent Changes in the Spousal Sponsorship Program?
Since recent times, the Immigration, Refugees and Citizenship Canada made certain changes in the traditional spousal sponsorship programs. These were done to make the application procedure fast and hassle-free. Check these out:
Single Application Package
In the past, one had to download several application packages depending on whether they are shifting to overseas or Canada. However this time the IRCC introduced a single platform for all spousal sponsorship applicants.
Tailored Document Checklist
In contrast to the past, where there were 14 guides and checklists for the spousal program. The IRCC now introduced a single spousal sponsorship checklist that is customized to fit the need of all these applicants. Additionally, this checklist informs the spouses on the documents and data needed depending on who they are sponsoring.
A Revised Guide
The current guide as drafted by the IRCC has only 75 pages. It is shorter; unlike the previous guide that had 180 pages and was different for overseas and Canadian applicants; this one is cohesive and short.
New Relationship Survey
Previously, the Canadian Spousal program used a spousal evaluation along with 3 relationship quizzes. However, currently, the IRCC uses only one form a one set of evaluation.
Police certificates are sometimes required by the IRCC from the country where they are currently residing. In other cases, the police certificate can be from a foreign country on the criteria that the subject has resided in it for 6 months.
Currently, the IRCC does not require a medical exam certificate along with the application submitted. However, the IRCC may require it later in the procedure. This why Canada immigration lawyers instruct to congregate all document at the beginning.
In the earlier years, the processing time for a spousal application would take up to 26 months. However, to make things simpler the IRCC made the processing time come down to 12 months.
Now, apart from this at certain times a couple might not be married as per common law relationship; however, the Canadian partner wishes to sponsor their respective other’s permanent residence, then the Canadian government allows this under the label ‘conjugal partners’ if certain conditions are met. This rule is overseen by the Immigration, Refugees and Citizenship Canada (IRCC). This IRCC moreover, recognizes two kinds of relationships between conjugal couples. These are:
- Common-Law Relationship
- Conjugal Partner Relationship
When two consenting adults have been residing with each other in a marriage-like relationship for the span of a year, they fall under a common-law relationship. To prove the evidence as per the spousal sponsorship lawyer Canada, one has to provide documents like shared bills, rental lease, etc.
Conjugal Partner Relationship
A conjugal partner relationship is when a couple is in a marriage-like relationship yet is not married or living together for a year due to explanatory circumstances. Now, this is recognized by the IRCC only when the situational circumstances for not residing together are logically explanatory. This kind of relationship requires the correct documentation and the verification by a Canada spousal sponsorship lawyer. Moreover, a conjugal partner relationship also doesn’t just categorize under a sex relationship. But, the couple must be able to legally prove why they could not stay together.
Check How the IRCC Determines Whether You Qualify Under Conjugal Relationship
- A couple is mutually committed to sharing each other’s life.
- The couple enjoys a warm and long-lasting relationship.
- Couples are also committed sexually to one another.
- Each partner provides the other with needful emotional, financial, social, and physical support.
- The two are considered as a couple by others.
- The couple has a child they are taking care of; either adopted or their own child.
Does Sponsoring a Fiancé Fall under Conjugal Relationship?
If you wish to sponsor the permanent residentship for your fiancée then this won’t fall under a conjugal relationship. Only relationships that are marriage-like can be deemed under conjugal relations. Now, to prove a conjugal relationship your Canada spousal lawyer will request you to provide evidence like shared possessions, shared life owning property together.
Another good way of proving a conjugal relationship is naming each other as benefactors in respective insurance policies. Moreover, this Canadian law is strict with their spousal partnership programs. The conjugal relationships are only for marriage like couples who have a reason for not staying together. This way the Canadian government makes sure that only genuine couples enter into the country’s premises.
Who Qualifies Under Conjugal Partnerships?
- To qualify as a conjugal partner one needs to be an 18-year-old Canadian permanent citizen.
- One needs to sign an agreement that you and your respective spouse understand the responsibilities and obligations of a conjugal program.
- One needs to sign an undertaking that will state that the sponsoring spouse will stand responsible for the financial, emotional, basic and social support for respective partner.
What Other Documents Are Required for Conjugal Partnerships?
The best way to prove conjugal partner relationships is by hiring a conjugal sponsorship lawyer. He/she will guide you on the correct documents to provide to verify your relationship. However, these basic documents are must-have for proving your relation.
- Shared Credit Cards, residential leases
- Shared rental documents or receipts
- Other personal documents like shared insurances, address, driver’s licenses, etc.
- Proof of joint ownership of the residential address
- Copies of bills like shared electronic, gas or telephone bills
- An email addressed to the couple simultaneously
- Other noted documents that prove that the couple is together.
Should it be a Wise Choice to Hire a Canada Immigration/Spousal Sponsorship Lawyer?
Couples in conjugal relationships can be separated due to circumstantial situations. This can be for reasons of government persecution or religious conditions like war. Therefore, you need to provide concrete evidence as to why you could not reside with your loved one together. Additionally, you’ll also need documentation to showcase that the two of you have been together for more than 12 months.
Thus, it is best to hire an immigration lawyer Canada to walk you through the stringent procedure of spousal relationship program. Whether you’re qualified for a spousal partnership, a conjugal sponsorship or a common law relationship, only your documents can verify.
This is why to help you pick the program most suited and frame a foolproof application, a Toronto spousal sponsorship lawyer can help. He/she can moreover, make sure that you appear to the court and government as a loving couple and help you gain a green card in the Maple leaf country.
Further, the documents are framed and placed categorically to help save time and money when a lawyer is involved. Not to mention, as Canadian law is stringent and difficult a single mistake can overrule an application. A lawyer reduces the chances of potential mistakes and simplifies the application procedure.
How to Pick the Best Toronto Immigration Lawyer?
When it comes to picking a migration lawyer careful consideration needs to be observed. You need to check website testimonials and business directories to find the most reputed one. Additionally, asking the questions given below to find a genuine lawyer:
- How long have you worked as an immigration lawyer?
- What is your take on a case like mine?
- How long will the procedure take?
- What is your fee structure like?
- What are some of your success stories?
Well, there you go, now that you know all about the Canadian spousal sponsorship program and the tips to pick a migration attorney hurry and do the needful. Now, fill out the form and quickly shift to Canada with your beloved.