Spousal Sponsorship in Canada

Immigration Blog about US & Canadian Immigration matters.

Immigration Blog about US & Canadian Immigration matters. If you would like to learn about US and Canadian immigration matters you have came to the right place to read blogs.

Receiving Procedural Fairness Letter

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What does it Mean When Receiving Procedural Fairness Letter

Have you received a procedural fairness letter from citizenship and immigration Canada and not sure how to respond to this letter?

If this is the case, then this blog is for you!

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Spousal Sponsorship Questions

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Spousal Sponsorship Quick Questions and Answers

Are you applying for Canadian Spousal Sponsorship and you’re wondering how to do it? Do you have a couple of questions regarding it? Did you already start the process? Are you confused about what steps to take next? Are you looking for the aid from a professional? Do not worry, as all of your questions regarding Spousal Sponsorship will be answered throughout the entirety of this blog.

What is spousal sponsorship in Canada

In Canada, spousal sponsorship refers to the process through by which a Canadian citizen or permanent resident chooses to sponsor their spouse to obtain a permanent legal status in Canada. Furthermore, through spousal sponsorship, it allows for the partner who will reside in Canada (the sponsored) to become a permanent resident.

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Sponsoring my Common Law Partner to Canada

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ALL ABOUT COMMON LAW SPONSORSHIP

Does your partner live outside of Canada? Are you a Canadian permanent resident or citizen, and looking to sponsor your partner to come to Canada? Are you confused about what the process entails? Are you wondering how a common law sponsorship works? If you have answered yes to any of these questions, all of your questions about common law sponsorship will be answered in this blog.

What is a Common Law sponsorship in Canada

Sponsoring your partner to come to Canada can be done through various manners. Spousal sponsorship and Common Law sponsorship are very common when it comes to requirements, processes, eligibility and others. However, the main difference is that for a common law sponsorship, there is no need for the couple to get married or be married. A common law partner can be of any sex but needs to be over the age of 18. Furthermore, in order to prove a common law partnership, it is important that the couple has lived together consecutively for at least the time period of one full year. The partners also must have not been living apart unless for short periods of time regarding family or work obligation.

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All About Hiring an Immigration Representative

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Do You Want to Immigrate to Canada in 2019

As you may know, Canada’s education and living conditions attract many foreign nationals to visit, study, and work. Furthermore, the multiculturalism in Canada is one of the essential reasons that drives one's longing to move. After they have experienced the beauty of Canada, they may consider settling down permanently in Canada. While numerous individuals are contemplating moving to Canada, they may be thinking about looking for assistance from an immigration representative to make the immigration process more smoothly. Indeed, here comes the most significant inquiry: is hiring a representative necessary? In this blog, we will discuss the benefits of hiring an immigration representative and how to avoid immigration fraud.

Who are Immigration Representatives

Immigration may be difficult and complicated, especially if you are not family with Canadian immigration law. If you are struggling with your application, you may be able to seek guidance from a representative. An Immigration and citizenship representative’s job duties include but are not limited to:

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All About Spousal Sponsorship

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A Basic Overview of Spousal Sponsorship

Often, when individuals refer to spousal sponsorship, they are referring to the streams of sponsorship in which partners sponsor each other; they may not necessarily be referring specifically to the process of spousal sponsorship. This is important to understand because there is a slightly different process for each of the three available routes under family class sponsorship. Specifically, if you would like to apply under any of the three programs, you must meet the eligibility requirements of that program. Throughout this article, we will explain the basics of conjugal sponsorship, common-law sponsorship, and spousal sponsorship, and we will be sure to touch on the requirements to be eligible for each of the sponsorship streams.

What is Spousal Sponsorship Strictly?

Spousal sponsorship is a way helping your spouse become a permanent resident of Canada, so that the two of you may begin living together forever. To be eligible as a couple to apply for spousal sponsorship, you must be legally married. This means, you must have a marriage certificate for proof. While also the marriage must be conducted in such a way that it is legally recognized by both the country in which the marriage took place, and would also pass the legal qualifications of a Canadian marriage. Finally, you must be over the age of 18 to get married, or, have been over the age of 18 when you got married, regardless of the laws in your country of origin. Therefore, you must also both be over 18 to apply for spousal sponsorship.

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We Can Help With Your Applications

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How to Avoid Common Application Mistakes

The number one reason applications are refused is because they are riddled with mistakes. These applications are difficult applications to pursue on your own, because, if you are unfamiliar with the process, there is a good chance you overlook certain details and submit an imperfect application. Unfortunately for applicants, the Canadian Government is not interesting in assisting others file applications; this is why they recommend you consult an immigration specialist, or a lawyer. It often comes as a surprise when an application which is incomplete is returned and refused, without any ability to re-submit it and pick up where it left off. However, one needs to understand, immigration and border protection cannot be taken lightly. Applications must be complete and robust for the security of Canada as a whole. Therefore, it makes sense that when an application is complete, it cannot simply be approved. Furthermore, the Canadian government has to devote all its time and resources to processing and approving complete applications for individuals who truly deserve to fulfill their long-worked-for-wish of immigrating to Canada. Everyone who submits an application to immigration can understand, the wait time are agonizing at the best of times, and they would not like to think their applications are being inefficient they are spending too much time processing applications. Ultimately, we have created this article to help applicants have an easier time submitting applications which will not be returned and refused, and get everyone working together to help Canadian border officers process more files successfully.

1. Always check country specific requirements before submitting your application.

Regardless of the type of application you are submitting, whether it be for permanent residence, or for temporary residence, please take the time to do this. Depending on the country and the type of application you are submitting, you could need to submit additional documents. Or for example, you could have to submit originals of some documents which other countries are only required to submit a copy of. If you do not submit original documents when required, your application will be returned as incomplete.

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Sponsor Your Common Law Partner

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Do You Have A Common Law Partner?

Are you and your partner hoping to live together permanently in Canada someday? Have you and your partner already been living together for more than a year? If so, you may qualify as a common-law partnership. If you legally qualify as common-law partners, you may be eligible to apply for spousal sponsorship as common law partners, and achieve your dreams of living together permanently. Oftentimes, people believe that because they are not legally married, they do not have the option of applying for spousal sponsorship, however, this is not the case. As mentioned, if you meet the requirements of a legal common-law relationship, you may be eligible to sponsor your significant other, and help them achieve permanent residency. This article will help you understand the legal requirements of a common law relationship, and what you can expect the process of sponsoring a common-law partner to look like.

What Is a Legal Common Law Partnership?

To officially be considered to be in a common-law relationship, you and your partner must have been living together for at least one full year, and be engaged in a conjugal relationship. To be living together and have both you and your partners affairs taken care of together, is considered cohabitating. Cohabitation is the legal requirement of a common law relationship. You cannot claim legal common law status if you and your partner have lived together intermittently for periods of time which add up to one year. The key is that you have lived together continuously for a full year. If you must spend time living apart, it must be short and justified by the circumstances; such as a family or business obligation. The relationship between you and your partner must also meet the standards of a legal marriage. For example, your relationship must be monogamous, and both individuals must be over the age of 18. If you and your partner began living together before either of you turned 18, the one year period you must live together does not begin until you are both 18 years old.

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Separated or Divorced from Sponsored Spouse

Separated or Divorced from Sponsored Spouse
Spousal Sponsorship Broken by Separation or Divorce

Canada strictly believes in family reunification and prioritizes spousal sponsorship for this exact reason. Unfortunately, not all spousal sponsorships end in family reunification and some can lead to separation or divorce. Although this may not happen often, it is important to discuss this as there are individuals who may be experiencing this and may not know what to do in these circumstances. Therefore, in this article, I will explain the repercussions of cases of separation or divorce in spousal sponsorships and important information to know if you are experiencing this in your life.

What happens if you Separate or Divorce your Sponsored Spouse

First and foremost, it is important to note that separation and/or divorce happens. Some relationships whether marriage or common-law partnerships, don’t work out and result in the termination of the relationship. However, if you were sponsored to Canada by a spouse, this can be a confusing and conflicting time for any sponsored person. Specifically, what happens when a sponsored spouse separates or divorces their sponsored spouse, results in the continuous undertaking for the sponsor for a minimum of three years after the sponsored spouse becomes a permanent resident. This undertaking continues even if the couple has separated or divorced. The sponsor must be responsible for the sponsored spouse’s basic needs throughout the duration of the undertaking.

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Common-Law Sponsorship Questions and Answers

Common-Law Sponsorship Questions and Answers
Questions and Answers for Common-Law Sponsorship

In this article, I will address questions and answers for Common-Law sponsorship in order for you to further understand what a Common-Law sponsorship entails. A Common-Law sponsorship is intended for Canadian citizens and permanent residents who wish to sponsor their common-law partner to come to Canada and receive permanent residency. It was created to give Canadian citizens and permanent residents an opportunity to finally be united with their spouses. The Canadian government believes that individuals live a better life when they are united with their families and reinforce family reunification. If you feel as though you would be eligible to apply for a Common-Law sponsorship, I suggest you read our article on “How to Sponsor your Common-Law Partner” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to a Common-Law sponsorship.

Q: What documents can my common-law partner and I provide to prove we have been living together for over a year?

A: There are specific documents that you and your common-law partner can provide to Immigration to prove that you have been living together for over a year. Such documents include, shared ownership, lease or rental agreements of residential property; joint bills for shared utilities, such as electricity, telephone, gas, etc.; important documents that show the same address, such as driver’s licenses and insurance policies; and lastly, identification documents. Keep in mind, Immigration will accept any other documentation you can provide that you feel would prove that you and your common-law partner have been living together for over a year.

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Documents Needed for a Spousal Sponsorship Application

Documents Needed for a Spousal Sponsorship Application
Important Documents Needed for Spousal Sponsorship

When applying to sponsor your spouse to Canada as a permanent resident, it is very important to consider and recognize the important documents that you must provide Immigration Canada. These documents will be the supporting evidence to prove why your spouse should be able to gain entry into Canada and eventually become a permanent resident. If you are unable to provide specific documents, it is recommended to provide Immigration with an explanation why. You should make sure the explanation is reasonable and valid, if not Immigration does have the authorization to refuse the application. Therefore, in this article, I will explain the important documents needed for a spousal sponsorship application as well as other factors you should consider.

Before Submitting Documents Make Sure you’re Eligible

Before applying for a spousal sponsorship application and providing Immigration with the appropriate documentation, it is always advisable to first determine whether you are eligible to sponsor your spouse. You must prove to Immigration that you are eligible and financially capable to sponsor your spouse. Furthermore, there are certain eligibility requirements that need to be considered in order to sponsor your spouse. The eligibility requirements for a spousal sponsorship are that you are required to be at least 18 years of age; you are required to be a Canadian citizen or a permanent resident of Canada; you are required to prove that you have not received any social assistance for reasons other than disability; you are required to prove that you have necessary income to provide the basic needs for your spouse; and lastly, you are required to sign an undertaking and should not have any active undertakings.

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How to Sponsor your Spouse to Canada

How to Sponsor your Spouse to Canada
Steps to Sponsor your Spouse to Canada

Before you can sponsor your spouse to Canada, there are several different factors that you should consider. Some factors include your eligibility to sponsor, the type of relationship you will indicate on the application and whether the application will be in Canada or overseas. The most important factor is whether or not you can sponsor your spouse and if you are eligible to; if you are not, then you will not be able to sponsor. Furthermore, you must also ensure you are married to your spouse in order to do a spousal sponsorship. Lastly, you must determine whether your spouse will be in Canada while the application is being processed or whether they will be overseas. Therefore, in this article, I will explain the eligibility requirements for spousal sponsorship, the documents needed for the application, the difference between inland and overseas spousal sponsorship, and more.

Eligibility to Sponsor your Spouse

As previously mentioned, this is the most important factor of a spousal sponsorship application. The reason being is because the sponsor must be able to prove to Immigration that they are eligible and financially able to sponsor their spouse. There are certain requirements that need to be considered prior to applying to sponsor your spouse. Below is a list of eligibility requirements for the sponsor.

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Spousal Sponsorship Questions and Answers

Spousal Sponsorship Questions and Answers
Questions and Answers for Spousal Sponsorship

In this article, I will address questions and answers for spousal sponsorship in order for you to further understand what a spousal sponsorship entails. A spousal sponsorship is intended for Canadian citizens and permanent residents who wish to sponsor their spouse to come to Canada. It was created to give Canadian citizens and permanent residents an opportunity to finally be united with their spouses as it is said that individuals live a better life when they are united with their families. If you feel as though you would be eligible to apply for a spousal sponsorship, I suggest you read our article on “How Can I Sponsor my Spouse” before reading this question and answer article. This article is intended to clarify any misunderstanding or confusion with regards to a spousal sponsorship.

Q: When is the appropriate time to submit my police certificates for my spousal sponsorship application?

A: Immigration has made changes with regards to police certificates and exactly when is the appropriate time to submit them. Should you already have your police certificates on hand, you may submit them with your application. However, if you have not yet completed your police certificates you may submit them when Immigration requests them from you. This is usually requested when the application is being processed and Immigration will send you a communication to notify you, either by e-mail or mail, depending on if you have an online account or not.

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Open Spousal Work Permit Eligibility

Open Spousal Work Permit Eligibility
Open Spousal Work Permit

Have you applied for a Spousal Sponsorship and your spouse is in Canada without a job? Would you like to work and be able to support your family? You can now apply for an Open Spousal Work Permit and support yourself and your family while you wait for the results of your spousal sponsorship application.

What is a Spousal Sponsorship?

Spousal Sponsorship is an application submitted by individuals who would like to invite their spouse, common-law partner or conjugal partners to Canada for permanent residency. The person applying for their spouse must be a Canadian citizen or permanent resident and must be 18 years of age or older. In some cases the applicant lives in Canada with their spouse and while they are waiting for the processing of their spousal application, they might be able to work and support themselves in Canada.

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Important Documents to Sponsor Spouse or Partner to Canada

Important Documents to Sponsor Spouse or Partner to Canada
What Documents do I need to Sponsor a Spouse or Common Law partner to Canada

When submitting a sponsorship application whether it is for a spouse, common law or conjugal partner there are important documents you need to include as the sponsor and the principal applicant. These documents play an important role and if you do not provide these documents or make minor errors you can expect delays or potentially a refusal in your application.

Documents needed by the Sponsor

Options C printout (original) from Canada revenue agency. The options C printout is like your notice of assessment it shows your net income, what you have received from your previous tax year etc. The Option C print out has to be original and not a photocopy or else your application will be returned. So if you have not filed your taxes as the sponsor then the first step includes filing your taxes. Once you have done all that you can call CRA and ask for your original option C printout from the previous year.

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Sponsorship Requirements for Canada

Sponsorship Requirements for Canada
Sponsorship Requirements for Canada

Sponsorship in Canada could mean bringing your spouse, common-law partner, conjugal partner, children, and even parents and grand-parents to immigrate to Canada. sponsoring is a two way process, in the sense that it involves a person present in Canada, the sponsor, and person living outside Canada, the applicant, working collaboratively along with the respective agencies that are applicable to their case such as Citizenship and Immigration Canada. Sponsoring another person to immigrate to Canada deals with many requirements and all of these requirements are different depending on the person you are sponsoring, their status to you, and your status as a sponsor.

If the person you are sponsoring is a foreign national residing outside Canada, then you must apply for the sponsorship through the Family Class. Under the Family Class you can sponsor your spouse, common law or conjugal partner and have to meet certain requirements:

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Financial Requirements to Sponsor Family to Canada

Financial Requirements to Sponsor Family to Canada
Sponsoring Family to Canada

Looking to sponsor a family member to Canada? Wondering about the process, and what to do? There are many different types of applications when sponsoring members of the Family Class. This can involve spouses, conjugal partners, common-law partners, parents, grandparents, siblings, etc. There are many types of members you can sponsor, each with a different application depending on their specific situation. However, there is one thing in common with all sponsorship applications. That is the proof of finances. As a sponsor, your application will likely question your financial situation. Depending on the type of application or person(s) you are sponsoring, you would need to meet certain specific financial requirements in order to be an eligible sponsor.

Why am I Financially Responsible for the Person I Sponsor?

When you sponsor someone under the Family Class, you will be asked to sign an undertaking. This is a contract in which you commit to being financially responsible for the person that you sponsor. This includes basic requirements, which are the essentials for living such as: food, clothing, personal requirements, shelter, utilities, fuel, household supplies, and health care (for those branches that aren’t covered in Canada, such as dentistry). This undertaking is assurance to the Canadian Government that your sponsorship will not result in a burden on the Canadian social assistance program. The undertaking only lasts a set number of years, dependent on the type of person you are sponsoring. For example, for a spouse, the length of the undertaking would be three years after the spouse becomes a permanent resident. Note that during this time period of three years, the undertaking is binding. This means that you would be responsible for them even if you divorce, separate, move away from each other, etc. This undertaking is the document that binds you to be financially responsible for the principal applicant. This means you must demonstrate that you have adequate financial resources to provide for the person(s) who will be coming to Canada.

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I want to sponsor my wife should I use an inland or overseas application

I want to sponsor my wife should I use an inland or overseas application
Ways of Sponsoring Wife to Canada

For most, one of the biggest joys in life is spending quality time with family. With a holiday designated specifically for family time, it is clear that Canadians take their family time seriously. However, there are still many people whose spouses are in another country; therefore, their dreams of joining the valued Canadian family experiences are on hold. But why wait? There are various ways of sponsoring that could ultimately lead to your spouse joining you in Canada, such as the inland application and the overseas application.

What is the difference between an inland and overseas Spousal application?

An inland spousal application can be filed when the spouse is in Canada. This would involve obtaining a visitor visa to be in Canada, and then applying for the inland application from within to the Canadian office. If the application for a visitor visa is denied, then the applicant cannot file an inland application and may only file an overseas spousal application which would mean that the spouse is residing outside of Canada. This would have to be sent to the visa office within the country where the spouse has lived for at least one year.

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What are the Requirements to Sponsor my Wife to Canada

What are the Requirements to Sponsor my Wife to Canada
Spousal Sponsorship Conditions, Agreement & Undertaking

When you are sponsoring your spouse or partner for Permanent Residency, whether it takes place inside or outside of Canada, you are committing to more than just each other. There are commitments and promises to be upheld by both the sponsor and the sponsored individual with the Canadian Government.

In some cases, this ‘agreement & undertaking’ lasts longer than the relationship, so it is important to fully understand what you are signing up for when you decide to sponsor your spouse. Similarly, if you are the sponsored person, your Permanent Residence is conditional for what can almost be considered a probationary period; therefore you must also be fully aware of what conditions are placed on you if you chose to pursue Spousal Sponsorship.

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Inland vs Overseas Spousal Sponsorship

Inland vs Overseas Spousal Sponsorship
Two Types of Spousal Sponsorship:

There are two different ways to apply for spousal sponsorship. There is the inland vs outland application. As with everything in life, there are pros and cons to each and every situation. Determining which application is best suited for you and your spouse’ specific needs may be a little confusing. There are different rules and aspects to each application which may or may not benefit you. However, understanding the differences between the two applications (inland or outland) may help with making this decision a little bit easier.

Spousal Sponsorship Application from Inside of Canada (Inland):Pros:The sponsored spouse must remain within Canada during the processing time.The sponsored spouse can obtain an open work permit (an open work permit allows the sponsored spouse to work in Canada during the processing time for your application).Cons:The sponsored spouse may not leave Canada during the processing time, otherwise the application will be determined abandoned.Processing times are usually longer than the processing times for outland sponsorship. The first stage alone takes about 8-12 months.If an inland application is denied, then no appeals will be permitted.Spousal Sponsorship Application from Outside of Canada (Outland):Pros:The sponsored spouse is allowed to travel to and from Canada during the processing times; however, he/she can only do so if he/she has a valid document that allows them to do so, such as a Temporary Resident Visa.Processing times are usually faster than with inland applications, however this depends on which country you are applying from.If an outland application is denied, then the sponsored spouse has the right to appeal that decision.Cons:The sponsored spouse must wait outside of Canada for a decision, unless your spouse has an additional visa (e.g. Temporary Resident Visa) which allows them the ability to be within the country while waiting for the application to be processed.

Further, you must go through extensive lengths to provide proof of their relationship. These documents listed are what CIC required you to produce. However, you should add in anything extra that you can possibly think of that can prove your relationship is genuine. Examples would be a joint bank account maybe, proof of living together (renovations), mail comes to same address, phone records that show consistent communication, text messages, etc…) All in all, you are trying to show your relationship to someone who does not know you through paper.

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Sponsorship Application: Inland vs. Overseas

Sponsorship Application: Inland vs. Overseas

Thinking of sponsoring your spouse but unaware of how to start? We understand that the process of sponsoring your loved one to gain permanent residency in Canada can be long and tough. Many things have to be considered before you can even begin the application.

What Is Spousal Sponsorship?

Love is blind, one is unable to help who they fall in love with. Your significant other can be from a different country but you reside in Canada. The process of spousal sponsorship allows you to sponsor your loved one to immigrate to Canada to obtain permanent residency. By sponsoring your loved one to Canada, you are able to start your life together rather than living your lives countries apart.

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