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Step-by-Step Guide to Spousal Sponsorship Canada

Are you dreaming of a new life in Canada with your spouse? Spousal sponsorship Canada might be your ticket to making that dream a reality. This process allows Canadian citizens and permanent residents to sponsor their spouse or partner for permanent residence. Whether you’re just starting to explore this option or ready to dive into the application process, understanding the ins and outs of spousal sponsorship is crucial to your success.

In this guide, you’ll learn about the eligibility requirements to sponsor your spouse and who qualifies to be sponsored. We’ll walk you through the essential documents you must gather, including your marriage certificate and affidavits. You’ll also get a clear picture of the application process and what to expect regarding processing times. By the end, you’ll have a solid grasp of how to sponsor your spouse in Canada and be well-prepared to start your journey toward reuniting with your loved one.

Eligibility Requirements for Sponsors

To become a sponsor for your spouse, common-law partner, conjugal partner, or dependent child, you must meet certain eligibility criteria. First and foremost, you must be at least 18 years old and either a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.

If you’re a Canadian citizen living outside Canada, you must demonstrate your intention to live in Canada when your sponsored relative becomes a permanent resident. It’s important to note that permanent residents living abroad are not eligible to sponsor from outside of Canada.

Age and Residency

As mentioned earlier, sponsors must be at least 18 years of age. Additionally, you must reside in Canada if you’re sponsoring as a Canadian citizen. If you live outside Canada, you’ll need to provide evidence of your plan to live in Canada once your sponsored spouse or partner obtains their permanent residence.

On the other hand, permanent residents must reside in Canada to be eligible for sponsorship. If you’re a permanent resident living abroad, you won’t be able to sponsor your spouse or partner until you return to Canada.

Financial Obligations

When sponsoring your spouse, partner, or dependent child, you’re required to sign an undertaking pledging to provide for their basic needs. This includes food, clothing, shelter, and other necessities for everyday living, as well as dental care, eye care, and other health needs not covered by public health services.

You must ensure the people you sponsor won’t need to seek financial assistance from the government. If they do receive social assistance during the undertaking’s validity period, you’ll be responsible for repaying the amount they received.

Usually, no minimum income is required to sponsor a spouse, partner, or dependent child. However, if your spouse or partner has a dependent child who also has a child of their own, or if the dependent child you’re sponsoring has their dependent child, you’ll need to meet the minimum income requirement.

Sponsorship Bar

Certain circumstances may bar you from sponsoring your spouse or partner. For instance, if you were previously sponsored as a spouse, common-law partner, or conjugal partner and became a permanent resident less than five years ago, you’re not eligible to sponsor a new spouse or partner until five years have passed since you obtained your permanent resident status.

Additionally, suppose you’ve sponsored a previous spouse or partner, and they received social assistance during the undertaking period. In that case, you won’t be able to sponsor another person until you’ve repaid the amount in full.

Other factors that may prevent you from sponsoring include defaulting on an immigration loan or performance bond, failing to pay court-ordered alimony or child support, having an undischarged bankruptcy, or receiving social assistance for reasons other than a disability.

Before proceeding with your spousal sponsorship application, it’s essential to carefully review the eligibility requirements and ensure that you meet all the necessary criteria. This will help avoid delays or potential refusal of your application, allowing you to reunite with your loved one in Canada as smoothly as possible.

Who Can Be Sponsored

When applying for spousal sponsorship Canada, you can sponsor your spouse, common-law partner, or conjugal partner at least 18 years old. If you sponsor a dependent child, they must meet certain age and relationship requirements.

Spouse

To qualify as a spouse for spousal sponsorship, your partner must be legally married to you and at least 18 years old. The marriage must be valid both in the country where it took place and under Canadian law. It’s important to note that IRCC doesn’t recognize proxy, telephone, fax, internet, or similar forms of marriage where one or both persons were not physically present at the ceremony.

Common-Law Partner

Your common-law partner can be either sex and must be 18 years old. To be eligible for spousal sponsorship, you must have lived together continuously for at least 12 months in a conjugal relationship. Short, temporary absences are permitted, but significant time apart may impact your ability to qualify as a common-law partner.

You’ll need to provide evidence of your common-law relationship, such as joint bank accounts, shared ownership of property, or other documents demonstrating your commitment and interdependence.

Conjugal Partner

A conjugal partner has been in a committed relationship with you for at least one year but cannot live or marry you due to significant legal or immigration reasons. These reasons may include their marital status, sexual orientation, or fear of persecution in their country of residence.

To qualify for a spousal sponsorship application as a conjugal partner, your partner must be at least 18 years old and live outside Canada. You’ll need to provide evidence that you couldn’t live together or get married in your partner’s country, such as proof of refused long-term stays or documentation of the legal barriers to your relationship.

When sponsoring a spouse, common-law partner, or conjugal partner, you must provide supporting documents such as a marriage certificate, affidavits, or other proof of your relationship. The spousal sponsorship Canada processing time can vary, so submitting a complete application package is essential to avoid delays.

Remember, the person you’re sponsoring and their family members must pass background, security, and medical checks. Suppose you’re unsure about your eligibility or the requirements for your specific situation. In that case, it’s best to consult with an experienced immigration professional who can guide you through the spousal sponsorship process.

Required Documents

When applying for spousal sponsorship in Canada, you must provide various documents to support your application. These documents serve as evidence of your relationship and help Immigration, Refugees, and Citizenship Canada (IRCC) assess the genuineness of your partnership. Let’s look at the essential documents you’ll need to gather for your spousal sponsorship application.

Proof of Relationship

One of the most crucial aspects of your application is demonstrating the authenticity of your relationship. You’ll need to submit documents that showcase your commitment to each other, such as:

• Marriage certificate: If you’re legally married, you must provide a valid copy of your marriage certificate in the country where the marriage took place and under Canadian law.
• Photos: Include photos of your wedding, trips, or everyday life. Label them with dates and descriptions to provide context.
• Communication records: Provide evidence of your ongoing communication, such as email conversations, call logs, text messages, or social media interactions. These records help establish the continuity of your relationship.
• Personal statements: Write personal letters explaining your relationship, how you met, and why you believe your partnership is genuine. These statements allow you to share your unique story with IRCC.

Identity Documents

Both the sponsor and the sponsored spouse must submit identity documents to verify their personal information. These may include:

• Passports: Provide copies of the photo page and any stamped pages of your passports.
• Birth certificates: Submit birth certificates for both the sponsor and the sponsored spouse.
• National identity cards: Include copies of any national identity cards if applicable.

Financial Documents

As a sponsor, you must demonstrate your ability to support your spouse once they become a permanent resident financially. Provide documents such as:

• Employment letter: Submit a letter from your current employer stating your position, length of employment, salary, and regular hours worked per week.
• Notice of Assessment: Include your most recent Notice of Assessment from the Canada Revenue Agency (CRA) or a Proof of Income Statement (Option C).
• Financial documents: If you’re not currently employed, provide documents showing how you’ll support yourself and your spouse, such as bank statements or investment records.

Remember, the spousal sponsorship Canada processing time can vary, so submitting a complete application package is essential to avoid delays. Double-check your document checklist to ensure you haven’t missed anything.

If you’re unsure about any aspect of the application process or need assistance gathering the required documents, consider seeking the help of an experienced immigration professional. They can guide you through the process and help you prepare a strong application, increasing your chances of success.

By carefully compiling the necessary documents and providing compelling evidence of your relationship, you’ll be one step closer to reuniting with your spouse in Canada. With patience, diligence, and a well-prepared application, you can navigate the spousal sponsorship process and embark on a new chapter together in Canada.

Application Process

Completing the spousal sponsorship application can be a complex process, but you can navigate it successfully with careful attention to detail and thorough preparation. Let’s break down the key steps in applying for spousal sponsorship in Canada.

Completing Forms

The first step is to complete all the necessary forms for the sponsor and the principal applicant. The sponsor must complete the Application to Sponsor, Sponsorship Agreement, and Undertaking (IMM 1344). The principal applicant, on the other hand, needs to complete the Generic Application Form for Canada (IMM 0008), Supplementary Information Your Travels (IMM 5562), Additional Family Information (IMM 5406), and Schedule A Background/Declaration (IMM 5669).

Ensuring that all forms are filled out accurately and completely is crucial. Any errors or omissions could lead to delays or even rejection of your application. Double-check each form before moving on to the next step.

The sponsor and principal applicant must also complete the Sponsorship Evaluation and Relationship Questionnaire (IMM 5532) together. This form delves into the details of your relationship, providing IRCC with a comprehensive picture of your partnership.

If you’re using a representative, such as an immigration lawyer, to assist with your application, you must also submit the Use of Representative (IMM 5476) form.

Paying Fees

Once you’ve completed all the necessary forms, you must pay the required fees for your spousal sponsorship application. The total fees include:

• Sponsorship fee: CAD 75
• Principal applicant processing fee: $490 CAD
• Right of permanent residence fee: $515 CAD

You can pay these fees online through the IRCC website. Record your payment; you’ll need to include the receipt with your application.

If you’re including dependent children in your application, you must pay an additional processing fee of $155 CAD per child.

Submitting Application

Before submitting your spousal sponsorship application, review all your documents thoroughly. Ensure you’ve included all the required forms and supporting documents, such as your marriage certificate, affidavits, and proof of payment.

Once you’re confident that your application is complete, you can submit it to the appropriate IRCC office. If you’re applying under the Spouse or Common-Law Partner in Canada Class, you must send your application to the Case Processing Centre in Mississauga, Ontario. For those applying under the Family Class, the application should be sent to the Case Processing Centre in Sydney, Nova Scotia.

After submitting your application, the waiting game begins. The processing time for spousal sponsorship in Canada can vary, but on average, IRCC takes 12 months to process applications. During this time, it’s essential to keep IRCC informed of any changes in your situation, such as a change of address or the birth of a child.

By carefully completing each step of the application process and providing all the necessary documentation, you’ll be well on your way to reuniting with your spouse in Canada. Remember, patience is key throughout this process, but the result – building a life together in Canada – makes it all worthwhile.

Processing Times and Next Steps

Typical Processing Times

The spousal sponsorship Canada processing time can vary, but on average, IRCC takes 12 months to process applications. However, processing times may be longer for more complex cases or if additional information is required.

Quebec-destined spouses face additional processing delays compared to other applicants, given the limited space under the family class to accommodate the demand of Quebec-destined sponsors and spouses. Current processing times for Quebec applications are 26 months for in-Canada applications and 37 months for overseas applications.

It’s important to note that these are estimated processing times, and individual cases may vary. For the most up-to-date information, you can check the current processing times on the IRCC website.

Biometrics

Your spouse or partner must provide biometrics (fingerprints and a photo) as part of the spousal sponsorship application process. The biometrics fee is CAD 117.98 for an individual applicant. For families applying simultaneously, the maximum total fee is CAD 235.96.

When the biometrics fee is paid, IRCC will send your spouse or partner a letter asking them to give their biometrics. They must show this letter when they give their biometrics in person at their closest collection point. They have 30 days from the date of the letter to provide their biometrics.

Medical Exam

Your spouse or partner must also undergo a medical exam during the spousal sponsorship process. A designated panel physician must perform the medical exam. You’ll be responsible for paying the fees associated with the medical exam, including fees for the doctor or radiologist, any special tests or investigations needed, and any specialists your spouse or partner needs to see.

It’s important to note that even if your spouse or partner is not accompanying you to Canada, they still need a medical exam. All dependents must have a medical exam to ensure they’re admissible to Canada, even if they’re not immigrating with you.

Once your spouse or partner has completed their biometrics and medical exam, IRCC will continue processing your application. If additional information or documents are required, they’ll contact you with instructions on how to provide them.

If your application is approved, your spouse or partner will receive their Confirmation of Permanent Residence (COPR) and a permanent resident visa (if required). They must travel to Canada before the expiry date on these documents and meet with an immigration officer at a Canadian port of entry. The officer will allow your spouse or partner to enter Canada as a permanent resident.

Throughout the processing of your spousal sponsorship application, it’s crucial to keep your contact information up to date and inform IRCC of any changes in your circumstances, such as a change of address, the birth of a child, or a change in your marital status. You can check the status of your application online through your IRCC account.

By understanding the typical processing times, biometrics requirements, and medical exam procedures, you’ll be better prepared for the next steps in your spousal sponsorship journey. Remember, patience is key as you navigate this process, but the result of reuniting with your spouse or partner in Canada will make it all worthwhile.

FAQs

What are the steps involved in spousal sponsorship in Canada?

The spousal sponsorship process in Canada comprises four main steps: Firstly, apply to become a sponsor. Secondly, the spouse or partner must apply for permanent residence. Thirdly, pay the applicable application fees. Fourthly, provide any additional information required during the processing stage. Finally, please submit your application online and monitor its status through online updates.

What are the updated regulations for spouse visas in Canada for 2024?

From March 19, 2024, new regulations stipulate that spouses or partners are only eligible if the student they are accompanying is enrolled in a degree-granting program at the Master’s or Doctorate level or professional programs such as Doctor of Dental Surgery (DDS, DMD), Bachelor of Law, or Juris Doctor (LLB, JD, BCL).

How much time does it typically take to sponsor a spouse to Canada?

Sponsoring a spouse or partner in Canada generally takes about 12 months to process from beginning to end. Although the processing time is usually not less than 12 months, it can extend further depending on specific case details.

Is there a minimum income requirement to sponsor a spouse in Canada?

No specific income level is required to sponsor a spouse (husband, wife, or common-law partner) to Canada. However, the sponsor must demonstrate the ability to support their spouse once they obtain Permanent Resident status financially.