If you are a Canadian Citizen or Permanent Resident, and qualify, you are able to sponsor your loved one from abroad for Permanent Resident status in Canada. Canada's diverse immigration system accounts for all different types of relationships, including marriage. If you were legally married abroad, so long as the marriage was legal where it took place, Citizenship and Immigration Canada will recognize this union.
Family Unification is the cornerstone of Canada's immigration system. So long as you can demonstrate the validity of your marriage and the genuineness of the relationship, you can definitely apply for sponsorship.
The First step to any sponsorship application is ensuring that you are eligible to sponsor. In order to qualify as a sponsor, you must:
As you are aware on December 15, 2016 there have been changes made to applications to sponsor a spouse,common-law or conjugal partner anddependent children to Canada. Immigration, Refugees and Citizenship Canada (IRCC) has made these changes to reduce processing times and help families reunite faster. Also, this change was put into effect to reduce the existing spousal inventories. The changes that have been made does not affect the requirements an applicant has to meet to obtain permanent residency status in Canada. The change is made to help make the application process easier resulting in faster processing times.
Application Guideline, Kits and Forms have been made easier to use and follow
Application has to be complete and fully documented by the applicant for it to be accepted for processing,
Applications can be linked to online account that will allow Citizenship and Immigration Canada (CIC) to communicate with applicants easier such status on their application or what documents are pending.
Schedule A- background /declaration form is no longer needed to submit upfront. CIC will request it when needed and allows you to submit it either electronically or through paper format within the time frame give.
Medical Exams are no longer needed to submit upfront with your application but you will rather get instructions of when to submit an medical exam
Police Clearance Certificate from the country they are currently in and any other country they have lived in since age of 18
One of the great changes is that the application guideline,kits and forms have made easier to understand and follow. Before there used to be separate applications for spouses,common-law partners,conjugal partners, dependent children and their sponsors but now have been combined into one application package. All applicants whether inside or outside of Canada use the same application package and checklist. Meaning there is no separate application for inland or overseas anymore.
The document checklist has been made more personalized based on who is getting sponsored. The applicants can use one of four checklists to find what out forms and documents they need to submit with their application to get processed.
The 13 overseas document checklists have been combined into a country specific requirement tool which allows applicants to select the country from the drop down list and find out if any additional forms are required or if there are special instructions regarding the documents they will submit as part of their application.
Whether you are sponsoring your spouse from inside or outside of Canada you will only use one webpage on the IRCC website that provides you the links to new forms and tools.
When submitting your sponsorship application for processing the immigration officer checks that the application is complete and has all the supporting documentation. For your application to be processed in a timely manner it is important to ensure your application is complete and has all the necessary supporting documentation to avoid delays.
The first assessment is done by CPC Mississauga and the immigration officer looks for completeness in the application. For the application to be considered complete as the applicant you must ensure you have all the forms completed and signed. This includes any country specific forms based on the applicants' country of residence. Also, the applicant must ensure they have proof of payment made. If your application misses anything then it will returned back to you as incomplete.
IRCC will return any applications that are incomplete or missing documents required by the checklist.
Immigration officer can still ask for additional documents from the sponsor or applicant at any time until a decision is made on the application.
Once your application is considered complete and documented by CPC Mississauga you will get a receipt of acknowledgement and the principal applicant will get a request to create an online account and link their application to their online account within seven calendar days. Applicants that choose not to create an online account can expect longer processing times for their application.
Should you decide to create an online account as the principal applicant and have linked your application to it, you will receive all communication from IRCC through your online account. When linking your application to your online account it will help improve communication with applicants and you will no longer receive communication through email or mail.
Should you decide not to link your application then communication is received through email or mail with the applicant or representative.
Under the new spousal sponsorship application process, the Schedule A- Background/Declaration is no longer needed upfront. The Schedule A can now be electronically submitted nd validated if you have an online account. Applicants are given 30 days to upload their validated Schedule A.
If you decide not to create an online account or you do not create an online account within seven calendar days than you will receive communication via email or mail from CPC Mississauga to submit your paper copy of your validated Schedule A within 30 days from the date of the letter.
If you fail to provide the Schedule A whether it is electronically or through paper within the 30 days of the request, your application may potentially be refused by CPC Mississauga for not following instructions.
Medical examination no longer have to be taken up front, once your application is submitted for processing you will get instructions from CIC on steps you need to take. The request will either be send through your online account, email or mail depending on your set up. Once you receive the request formedical examination you will have 30 days to complete the examination. If you do not provide the medical examination within 30 days your application can be potentially refused for not meeting medical requirements.
If you are 18 years of age or older you are required to complete a criminal background check to ensure you have not criminal inadmissibility. You are no longer required to submit a Police Certificate upfront when submitting a spousal, common-law, conjugal or dependent child sponsorship application. It is recommended to start the process of obtaining your police clearance because it can take time to get them.
Police Certificate is required in the country you are currently residence of and any other country you have spent most of your adult life in since age of 18. Applicants have 30 days to provide the requested information. If you are unable to get police certificate due to a war, conflict, natural disaster or whatever the reason may be, a written explanation has to be provided by the applicant.
If you are looking to sponsor your Spouse, you will first need to determine whether you meet the requirements to be a sponsor.
If you want to be a sponsor to your loved-one, you must meet the following requirements:
You will not be able to sponsor your spouse or common-law partner in the following circumstances:
An Overseas Sponsorship is when you, as a Canadian Citizen or Permanent Resident of Canada, applies to Sponsor your Foreign National Spouse who is not residing in Canada. The advantage of an Overseas Sponsorship application is that it generally has a faster processing time than an Inland Sponsorship application. The disadvantage of an Overseas Sponsorship is that it will likely be difficult to live together with your Foreign Spouse in Canada until an immigration officer renders a positive decision on your application.
If you, a Canadian Citizen or Permanent Resident of Canada, and your Foreign National Spouse live together in Canada then you will need to Sponsor your Spouse under the Inland Sponsorship application category. In this case, your Foreign Spouse will have temporary status in Canada. Thus, one disadvantage of the Inland Sponsorship category is that your Foreign Spouse will need Temporary Resident status, which can be difficult to obtain in some cases. The Inland Sponsorship route is also a longer process. However, the advantage of the Inland Sponsorship is that the Foreign Spouse may be eligible for an Open Work Permit while your Spousal Sponsorship application is being processed. Thus, your Foreign Spouse will get to work in Canada and the two of you can live together in Canada while you are awaiting a response to your Sponsorship application.
When sponsoring your Spouse, Common Law or Conjugal partner, there are no minimum financial requirements. However, this does not mean that your finances will not come into question. Citizenship and Immigration Canada, when reviewing your application, will want to see that you and your spouse or partner are financially stable and will not result to social assistance as a means of financial support. Simply put, just because there is no minimum financial requirement, does not mean that there is no requirement at all.
Citizenship and Immigration Canada recognizes legal marriages from all walks of life. Age differences, arranged marriages etc. So long as the marriage was legal where it occurred, you are eligible. That being said, when it comes to spousal sponsorship, the most important document is of course the marriage certificate. Aside from this, you will need to demonstrate that you are in a bona fide relationship and not one solely for the purposes of immigration. Demonstrating the genuineness of your relationship can be done through documentation like photos, love letters, proof of correspondence etc.
When sponsoring a member of the Family Class, aside from the basic documentation like your identity documents or status documents, you will need to strongly demonstrate the genuineness of your relationship. You will also need to demonstrate that your marriage was valid and legal when it occurred. Lastly, though there are no specific financial requirements, you will need to be able to demonstrate that you have the funds necessary to comply with your Sponsorship Agreement and Undertaking.
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