Spousal Sponsorship Spousal Sponsorship Canada Sponsorship

Spousal Sponsorship 2023

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.

Spousal 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:

  • Be at least 18 years of age;
  • Be a Canadian Citizen or Permanent Resident;
  • Agree to provide financial support to the person they are sponsoring.

Changes to Spousal Sponsorship Application

Spousal Sponsorship

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.

Changes to Spousal Sponsorship Application Process

  1. Application Guideline, Kits and Forms have been made easier to use and follow

  2. Application has to be complete and fully documented by the applicant for it to be accepted for processing,

  3. 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.

  4. 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.

  5. 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

  6. Police Clearance Certificate from the country they are currently in and any other country they have lived in since age of 18

Simplified Sponsorship Kits and Forms

  • 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.

Sponsorship Application has to Complete and Documented

  • 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.

Applicants are encouraged to Link their application to Online Account

  • 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.

Sponsorship Application Schedule A

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.

Spousal Sponsorship Medical Examination

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.

Spousal Sponsorship Police Clearance Certificate

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.

Spousal Sponsorship Eligibility

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 must be 18 years of age and older
  • You must be a Canadian citizen, permanent resident, or registered Indian
  • You must be sponsoring a member of the Family Class, such as your spouse or common-law partner
  • You must live in Canada, or if you live outside of Canada, you must provide proof that you will live in Canada once the person you are sponsoring becomes a Permanent Resident of Canada
  • You and your spouse or common-law partner must sign an agreement that you understand your obligations and responsibilities
  • You must sign an undertaking that you will provide the basic requirements for your spouse or common-law partner and his or her dependent children
  • You must provide proof that you have sufficient funds to provide the basic requirements for your spouse or common-law partner and his or her dependent children.

You will not be able to sponsor your spouse or common-law partner in the following circumstances:

  • You signed an Undertaking for a previous spouse or common-law partner and three years have not passed since he or she became a Permanent Resident
  • You receive social assistance for a reason other than a disability

Overseas Sponsorship

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.

Inland Sponsorship

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.

Financial Requirements

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.

What You will Need for Spousal Sponsorship

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.

How We Can Help with your Spousal Sponsorship Application

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.

We will assist you:

  • Draft the necessary forms;
  • Draft appropriate supporting documentation like employment reference letters, personal statements, reference letters from friends and family;
  • Assist you with gathering important documentation that attests to the genuineness of your relationship;
  • Compile the strongest possible case as per your unique situation;
  • Prepare you for your for any interview should one be requested;
  • Follow up with Citizenship and Immigration Canada on your matter to ensure the fastest possible processing time; and
  • Of course, be with you every step of the way.

For more information on Spousal Sponsorship, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

There are two types of Spousal Sponsorship, inland or outland. If you wish to sponsor your spouse, Common-law Partner, or Conjugal Partner, and that person lives outside of Canada, you will be completing the application for Spousal Sponsorships from outside of Canada.
When you Sponsor your Spouse, there are no financial minimums that must be met, however, you do have to sign an undertaking promising to provide the basic necessities for your spouse and any accompanying members of your family.
As a sponsor, you must also be at least eighteen years old and be a Canadian citizen or permanent resident.
In order to have a successful application, the person you are sponsoring, and any accompanying members over eighteen and over, must provide certain documentations. Some of these documents include,

Spousal Sponsorship documents:

  • Providing a police clearance, police certificate, or a record of no information
    • This will show that you have no criminal convictions that would make you inadmissible
  • Undergoing a medical examination
    • This must be done by a panel physician
  • Providing birth certificates and legal documentation proving legal guardianship of any members of your family accompanying you under the age of eighteen
  • Translations of any documents not in English or French
  • Having any photocopied documents certified

In addition to this, you must keep in mind some rules that have been established for the spousal sponsorship class. One of these rules is in regards to the undertaking. It is important to understand that an undertaking is valid for a certain amount of years depending upon the relationship of that person to you. Currently, an undertaking for your spouse is valid for ten years regardless of the state of your relationship.
The second rule is if you have been in a relationship (whether conjugal or married) for two years or less. The Conditional Permanent Resident status would apply to you if this is your situation, which means that you will have to live together in an intimate relationship for two years after your spouse becomes a Permanent Resident.
Various factors may contribute to the success of your application. This is not an extensive list of all the materials required of you and so, if you find that you need additional information or assistance with your application, you may contact Akrami & Associates and let an experience legal professional aid you.

As a Canadian Citizen and Permanent Resident of Canada you are afforded rights and privileges that are greater and more permanent than temporary resident. You are also given greater opportunities when it comes to establishing yourself in Canada. One such opportunity that will be available to you is being able to live in unity with your family. If your Spouse is a Foreign National, as a Canadian Citizen or Permanent Resident of Canada you have the option of getting Permanent Resident status for your Foreign National Spouse.

There are two different types of Spousal Sponsorship categories: Inland Spousal Sponsorship and Outland Spousal Sponsorship. You must determine which category you want to apply under given your circumstances and what types of results you are looking for. Both the Inland and Outland Sponsorship applications results in Permanent Residence status for your Foreign Spouse if their application is successful. However, there are different advantages and disadvantages between Inland and Outland Sponsorship.

Outland Spousal Sponsorship

An Outland 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 Outland Sponsorship application is that it generally has a faster processing time than an Inland Sponsorship application. The disadvantage of an Outland 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.

As spouses, you and your Foreign National Spouse may want to see each other. You may want your Foreign National Spouse to come visit you in Canada so the two of you can spend time together while your Outland Sponsorship application is being processed by Citizenship and Immigration Canada. In this instance, your Foreign Spouse can come visit you in Canada as a Temporary Visitor to Canada. Your Foreign Spouse will need to demonstrate that their visit to Canada is temporary and that they will be leaving Canada after their visit. Your Foreign Spouse will have to determine whether they will need a Visitor Visa.

Inland Spousal Sponsorship

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.

It is important to note that if the Foreign National Spouse leaves Canada while the Inland Sponsorship application is in process, he or she may not be allowed to re-enter Canada until they are granted Permanent Resident status.

At Akrami & Associates, our team of licensed legal representatives has the knowledge and expertise to adequately and thoroughly represent you in your Spousal Sponsorship application.

When you are in a relationship with a loved one, be it a Spouse, a Common-law partner or a Conjugal partner, naturally, you and your partner will want to live together in the same country in order to build a life together. If you are a Canadian Citizen or Permanent Resident of Canada and your partner is currently a foreigner and does not have legal status in Canada, there are ways to bring your foreign partner to Canada and get them legal status to stay in Canada with you through a Sponsorship application.

Once you sponsor your foreign partner to Canada, you will be looking to get your foreign partner Permanent Resident status. Therefore, your foreign partner will need to undergo the process of applying for Permanent Residency.

Reasons Why Permanent Residence Application Can Be Refused

You, as a Canadian Citizen or Permanent Resident may have a foreign partner who you have Sponsored to Canada. Once your foreign Spouse, Common-law partner or Conjugal partner has been granted permission to enter Canada with legal status, you and your partner will want to look at getting Permanent Residence status for your foreign partner. This way you can ensure that you and your loved-one can begin creating a life together in Canada.

When your foreign Spouse, Common-law partner or Conjugal partner is putting together their application for Permanent Residence in Canada, the two of you will want to ensure that your application is comprehensive to give you the highest chance of success. You will want to avoid pitfalls in your application that will likely lead to a refusal of your foreign partner’s Permanent Residence application. Therefore, it is important to know why your application may be refused in order to be proactive and pre-empt such refusal, if possible.

Your foreign Spouse, Common-law partner or Conjugal partner’s application for Permanent Residence status in Canada may be refused by Citizenship and Immigration Canada for the following reasons:

  • The relationship between you and your foreign partner is not genuine and has only been entered into for immigration purposes and for your foreign partner to gain legal status in Canada
  • You do not meet the financial requirements, if there are financial requirements applicable in your foreign partner’s application
  • Your foreign partner, who you want to Sponsor to Canada, has not provided Citizenship and Immigration Canada with the appropriate documents, including proof that they have had a medical examination conducted
  • Your foreign partner does not meet the definition of a Spouse, Common-law partner or Conjugal partner
  • Your foreign partner who you wish to sponsor is inadmissible to Canada for having a criminal record a serious illness

If your foreign Spouse, Common-law partner or Conjugal partner’s application for Permanent Residency in Canada is refused due to him/her being ineligible or not providing the appropriate documentation, his/her application will be refused. Citizenship and Immigration Canada will inform him/her of their refusal. Your foreign partner will also be given reasons for the refusal. This way you can see whether your application can be reconsidered or whether you want to pursue an appeal. Your foreign partner has the right to appeal a negative decision.

At Akrami & Associates, our team of legal professionals can assist you in ensuring you build a life with your loved-one in Canada. We have the expertise to put together a strong Permanent Residence application.

Sponsorship applications are often some of the most important types of immigration applications because they deal with families trying to reunite and build a life together in one country. Therefore, given the importance of such an application, without being told, you must know how important it is to submit a thorough, comprehensive and persuasive Sponsorship application. Failure to do so can result in a refusal of your application or Permanent Residence status for you and/or your Dependent Children.

Refusals

If you, the Foreign National partner, or your Dependent Children are refused, the Citizenship and Immigration Canada Immigration Officer immigration officer will either refuse your Sponsorship application or refer your case to the inland Citizenship and Immigration Canada.

If your Dependent Child is considered to be ineligible for the purposes of your Sponsorship application, your Dependent Child will not be able to obtain Permanent Residence status in Canada. For example, if your Dependent Child is over the age of 22 and they do not provide satisfactory evidence that they are enrolled in a full-time program at an accredited educational institution, then he/she will not be considered a Dependent Child. In this type of situation, Citizenship and Immigration Canada will grant Permanent Residence status to you if you are eligible and to any of your eligible Dependent Children. They will send a letter explaining why any ineligible Dependent Children cannot be granted Permanent Residence status.

It is important to note that if you send any additional information to Citizenship and Immigration Canada after you have been refused, the immigration officer will not acknowledge receipt of this information or take it into consideration when responding to you. If they officer were to acknowledge additional information after a refusal, it could open the decision for review beyond the time limits for applying for judicial review. Generally, you should submit any new information with a new application.

Reasons For Refusing Your Application

Some of the possible reasons your application for Spousal Sponsorship may be refused are the following:

  • Your Canadian Citizen or Permanent Resident Sponsor is not eligible to be a Sponsor
  • Your Sponsor does not meet the financial requirements
  • Your Sponsor withdraws their Sponsorship or Undertaking
  • You, as the Foreign National applicant, are not eligible
  • You are not a Foreign National Spouse, Common-law partner or Conjugal partner on the date of the application or on the date a decision on your Permanent Residence status is made
  • You are not living with the Sponsor in Canada
  • You are not the subject of a Sponsorship application
  • Your relationship with the Canadian Citizen or Permanent Resident Sponsor is one of convenience or was dissolved for the purpose of acquiring status or privilege under the Immigration and Refugee Protection Act and then was resumed
  • Your relationship with the Canadian Citizen or Permanent Resident Sponsor is considered to be an excluded relationship
  • You are criminally or medically inadmissible
  • Your Dependent Child is criminally or medically inadmissible

At Akrami & Associates, our team of legal professionals have the skills, knowledge, and experience to adequately and competently handle any refusal you may receive in response to your immigration application.

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