Sponsor your Fiancé to Canada

Sponsor your Fiancé to Canada

Are you ready to begin your life in Canada with your fiancé? Does one (1) of the following two (2) scenarios apply to you:

1. Common Law You have lived with your fiancé/partner in a married-like relationship for more than 1-year continuously; or
2. Conjugal You have been in a married-like relationship for at least one year with your fiancé/partner and cannot become married or live together for reasons outside your control.

If you answered yes to one, then you may be eligible to sponsor your fiancé. For both options, being legally married is not a requirement.

For many, this is the only route available to bring their fiancé to Canada and obtain permanent residency. The good news is that the requirements for the applicant are much lower than other routes to permanent residency, such as Express Entry. If your fiancé has children, they can be included in the sponsorship application. The sponsored partner is referred to as the “Applicant”.

Am I Eligible to Sponsor my Fiancé?

To be eligible to sponsor your fiancé you must meet the following requirements:

• You must be a Canadian citizen or permanent resident
• You must be over 18 years old
• You must be residing in Canada or show intent of reading in Canada with your fiancé once the application is approved
  • NOTE: if you are permanent resident residing outside, you cannot sponsor your fiancé
• You are able and willing to provide the basic financial needs of your fiancé

Who May Not Sponsor their Fiancé?

• You did not meet a previous sponsorship agreement’s term
• You receive financial assistance from public funds (i.e. welfare)
• You have outstanding child/spousal support orders
• Criminal conviction for violent/sexual offenses or domestic abuse
  • NOTE: any criminal conviction (inside or outside Canada) may deem you inadmissible to sponsor. However, depending on the nature of the offense, you may be able to successfully overcome it.

Common-Law Sponsorship

If you have lived with your fiancé/partner in a married-like relationship for more than 1-year continuously, you may be eligible to sponsor your fiancé under the common law sponsorship route.

2 Types of Common Law Sponsorship Application

• Inland Common Law Sponsorship

If your fiancé is residing inside Canada, they may apply under the Inland Common Law Sponsorship route.

Advantages:

• Your fiancé may apply for open work permit to work for any employer while the sponsorship application is being processed. The work permit application is submitted with the sponsorship application and if approved, the open work permit will be issued halfway through the application processing time (approx. 6 months).

Note: if your fiancé does not have valid legal status in Canada, they do not qualify for the open work permit

• Once you mailed your application, you may remain inside Canada until a decision is rendered, even if your current status has expired. This is called implied status.
• Faster processing times than outland applications

Disadvantages

• You will not be allowed to exit Canada while the sponsorship application is being processed. If you exit Canada and attempt to re-enter, the officer may refuse your entry. If you are refused, you will not be co-habiting with your partner as required, which could jeopardize your entire application process and make you restart again from outside Canada.
• You must be living together with your partner for the duration of the application process
• There is no opportunity to appeal the decision to the Immigration Appeal Division. The only option would be to apply for judicial review in Federal court, which can be a lengthy and expensive process.

Outland Common Law Sponsorship

The main advantage of using the Outland Common Law Sponsorship application is that you will be able to exit and enter the country while the application is being processed. For applicants who have commitments abroad such as family or employment, they are free to attend to their commitments, while also having the option to remain with their partner in Canada.

Other advantages in applying for common law sponsorship outside Canada include:

• If you have submitted your application and are denied entry into Canada, your application will not be affected

• You are not required to reside together with your partner

• If your common law sponsorship application is refused, you have the option to appeal the decision to the Immigration Appeal Division

Disadvantages of using the Inland Common Law Sponsorship application include:

• You are not eligible to apply for an open work permit
• If you are inside Canada, you must maintain your temporary residence status. Unlike Inland Common Law applications, you will not be given implied status.
• While your application is being processing, you may be requested to attend an interview by an immigration offer to verify certain components of the application. Since IRCC assumes you are outside Canada, the interview location may be scheduled in your country of citizenship or current country of residence.
• Processing times are generally longer since the application may be transferred and processed through the visa office in your country of origin or country of residence

Conjugal Sponsorship

There are many couples which are neither married nor in a common-law relationship. Situations often arise outside the couple’s control that prevent them from either living together or getting married. Fortunately, you may still be able to sponsor your partner through the conjugal sponsorship route.

Who is Eligible?

Eligibility conjugal partner sponsorship is similar to that of married/common law couples, but with a few key differences. The parties must be:

• 18 years old
• Have been in a relationship at least one year
• The applicant to be sponsored lives outside Canada
• The couple is not legally married or in a common-law relationship due to significant legal or immigration reasons preventing them living together

Significant Legal or Immigration Reason

The reason why you and your partner cannot get married or live together must be carefully explained. It is especially important that the reason be something you cannot control, such as legal, social, religious, or political reasons. Sometimes it may be self-evident, as with a same-sex couple from a country where marriages are not permitted or even recognized.

Immigration officers will examine the efforts and attempts you and your partner have made to deal with these circumstances, such as previous attempts to reunify through a visitor visa application.

Waiting a significant length of time after separation before starting an application could be interpreted as evidence that the relationship is not strong if the status quo were acceptable for so many months or years.

Genuineness of Relationship

Demonstrating that your relationship is genuine is a pivotal aspect for both common law and conjugal sponsorship applications. Couples must demonstrate to the immigration officer that you are a loving and committed couple Officers are always looking carefully for signs of immigration fraud through phony relationships.

How Can You Demonstrate Genuineness?

Depending on the length and nature of your relationship, examples of evidence supporting a genuine relation include:

• Communication between you and your partner (phone records, text messages, emails, love letters, etc.)
• Photographs
• Joint Documents

  If you and your partner are living together, joint documents showing both your names and/or address will add to the genuineness of the relationship. Examples include utility bills, drivers license, insurance, etc.

• Personal Statements

A personal statement allows you the opportunity to explain your love story to the officer, from the moment the relationship began.

How Akrami & Associate Can Help

Sponsoring your fiancé can be a time-consuming and confusing process due to all the requirements, fees and steps to be taken. It’s not just about obtaining the mandatory documentation and submitting your application. To ensure you have the highest chances of success, you must go above and beyond what is simply required.

At VisaPath, our representatives are highly trained and experienced and can thoroughly guide you through the process to ensure the best possible chances of success. We have handled sponsorship applications from all walks of life and with a high success rate.

If you have any questions or personal inquiries, please do not hesitate to contact us at 416-477- 2545 to book a consultation.