Spouse Sponsorship
Spouse Sponsorship
Every year, thousands of permanent residents and Canadian citizens sponsor their spouses or common law partners to come to Canada. This makes the Spousal Sponsorship stream one of the most in-demand programs under the Family Class. In addition, one of Canada’s main immigration pillars is reuniting families. As such, close family members such as spouses, common-law partners and children are top priority for the Ministry of Immigration.
The process of bringing a loved one offers both, inland and outland sponsorship paths. Each of them present great benefits but also different hurdles depending on the applicant’s personal situation. Therefore, it is strongly recommended to review both potential avenues before deciding which one ensures the best possible advantages to each individual case. In any event, it is equally important that an applicant and his or her sponsor meet eligibility requirements despite the stream they decide to use.
When it comes to becoming a sponsor, the individual must meet three core requirements: be either a Canadian citizen or permanent resident, be over 18 years of age and reside in Canada. The only exception to the in-Canada residency requirement is for Canadian citizens who are living abroad and want to sponsor a spouse, partner or child. In this case, the canadian citizen will have to explain that he or she will reside in Canada when the family member becomes a permanent resident.
Spouse Sponsorship Program
After those core requirements are met, an individual is considered a sponsor. Now, the second step comes in place when assessing the eligibility of that potential sponsor. The person will then have to meet a long list of eligibility requirements, which if fulfilled, will allow the sponsor to actually be able to bring somebody to Canada. Amongst the most important requirements are: not being convicted of any offence of sexual nature or involving the use of violence, not receiving social assistance unless the sponsor has a disability, have an undischarged bankruptcy, amongst others.
In addition, the sponsor has to commit to provide an “undertaking” to the federal government or province for 3 years from the date the spouse or common-law partner becomes a permanent resident. This undertaking requires the sponsor to pay back any benefit provided to their spouse or common-law partner when they become permanent residents. For example, if after becoming a permanent resident the sponsored spouse has to receive social assistance, all that money will have to be reimbursed to the government by the sponsor while the undertaking is in force.
Furthermore, let’s assess the applicant’s eligibility. With respect to a sponsor, a person is considered an applicant if they are their spouse, common-law partner and in some exceptional cases, their conjugal partner. Above all, an applicant needs to be certain that he or she meets the definition of a spouse or a common-law partner. To illustrate this, if an applicant got married to his or her sponsor abroad, they need to make sure the marriage is legal under the laws of the country they got married in and in Canada simultaneously. Contrary to a common-law partner, where a legal marriage is not required but the couple must have cohabited for a period of at least 12 months before being considered a common-law partner. After the year of cohabitation is completed, the couple may be separated for periods of time. Nevertheless, the longer the couple has been apart, the harder it will be to prove that the relationship exists.
Spouse Sponsorship Immigration
Although there are differences between these types of applicants, there are also common requirements when it comes to relationships:
- Proof of the genuinity of the relationship
- Proof that the relationship does not exist to gain a specific status in Canada
- Proof that the applicant meets the definition of either a spouse, a common-law partner or conjugal partner in some cases.
When putting together a solid application, the couple should focus on developing a good story about how they met. It is also recommended to add statutory declarations or letters of friends and family on both sides attesting the relationship. Lastly, be mindful of providing good quality documentation instead of quantity. For instance, If a couple is living together in a common-law relationship, then copies of joint bills and joint lease contracts may be more important than copies of chats or skype communications. In summary, spousal and common-law applications should be carefully developed and taking in mind all the considerations when it comes to eligibility for the main applicant and his or her sponsor.
Regards,
International Experience Club (Spouse Sponsorship)
