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Spousal Sponsorship Canada Requirements

Spousal Sponsorship Canada Requirements

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Canadian Spousal Sponsorship is how a Canadian citizen or permanent resident can sponsor their partner or any of their close ones  to come to Canada. So that they can live permanently in Canada. It is so important for families to be together. Applications for spousal sponsorship are considered a top priority.

You can also become a sponsor. For this you should be at least 18 years old and you should be a citizen of Canada or  a permanent resident.You Should be living in Canada.

If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada after sponsoring your relative to become a permanent resident. If you’re a permanent resident living outside of Canada then you can’t sponsor anyone.

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You have to prove that you are not receiving social assistance for reasons other than a disability. You  have to show that you have enough money to meet the income requirements if you’re sponsoring a dependent child or if you’re sponsoring a spouse that has a dependent child .

You have to show that you can provide basic needs:

  • For yourself.
  • For your spouse or partner.
  • For your spouse or partner’s dependent children.
  • For your dependent child.

You can’t  sponsor if you are sponsoring a spouse but you signed an undertaking for a previous spouse and it hasn’t been three years since they became a permanent resident.

Or if you have previously sponsored someone and they haven’t paid back.You are in default on an immigration loan.

You did not pay court-ordered alimony and have declared bankruptcy. You were convicted of an offence,a violent crime, a bodily harm offense against a relative, threatened, depending on the nature of the offense or If you are under a removal order or if you are in a jail or prison.

Who can you sponsor?

You can sponsor your Family Class if : The person lives outside Canada,the person currently lives with you in Canada,you plan to appeal by chance if the application is refused,sponsoring your conjugal partner or dependent child.

Apply under the Spouse or Common-Law Partner: lives with you, he or she has valid temporary resident status in Canada, like to apply for an Open Work Permit

Sponsoring your spouse, common-law partner or conjugal partner:

If you’re married, You can sponsor the person if your marriage is legally valid.If your marriage was legally performed in Canada and if performed outside of Canada, the marriage must be legal.

If you’re in a conjugal relationship:

A conjugal partner is the one who is living outside Canada. In a conjugal relationship with the sponsor. Could not live with the sponsor as a couple because of some reasons. This applies to both opposite and same-gender couples. You can sponsor a conjugal partner if both of you have a significant degree of attachment and have been in a genuine relationship for at least 12 months where marriage hasn’t been possible because of barriers .

Sponsoring your spouse or common-law partner living  with you in Canada:

Your spouse or common-law partner must either have valid temporary residence status and be exempt from needing this status.

Sponsoring your dependent children:

You can sponsor your dependent children outside Canada.Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements: He should be under 22 years old and don’t have a spouse or common-law partner

If they meet the following requirements: Financially dependent before the age of 22 and They are unable to financially support themselves .

How to apply:

So, there are 2 applications:

  1. Firstly, apply to become a sponsor.
  2. Your spouse or child must apply for PR.

Send both the sponsorship and the PR applications together.

Get the application package:

The application package includes a document checklist, forms to fill out, instruction guide to help you .

Pay your application fees: Processing fee and bio-metrics fee.

Submit your application: We’ll return your application to you if it’s incomplete and fees are missing.

Send us additional information during processing: Like medical exams, police certificates, we may ask you for new certificates.

After apply:

We Review your sponsorship application and we return it to you if It is not  incomplete or fees  are missing.While processing  your application, we’ll send you an application number,acknowledgement of receipt,assess your eligibility,assess if the person you’re sponsoring is eligible for PR.

If you’re approved as a sponsor:

We are going to assess the eligibility of the person you want to sponsor.

What if the sponsorship application was refused:

If your application was refused, you can submit an appeal to the Immigration Appeal Division . Sponsorship appeals re-address the refusal of a sponsorship application by the immigration authorities in an attempt to sponsor a family member such as a spouse, partner or parent for permanent residence in Canada.

How long Spousal Sponsorship process take:

The processing time is dependent on the workload immigration office is experiencing. It also depends upon how complete the application is. The approval can be delayed due to Missing or confusing info.They may schedule an interview ,If the immigration authorities have concerns about the application,which can cause delays.

What is common-law sponsorship:

Common-law relationships are viewed as the same as conventional marriages,Under Canadian immigration law. You must prove that as a couple, you have lived together for a year,in order for your relationship to be eligible for common-law sponsorship.

What documents do I have to submit a spousal, conjugal, or common-law sponsorship application:

Submit the following:

  • Completed application forms.
  • Proof of status in Canada.
  • Your Identity documents.
  • Marriage certificate.
  • Police Certificate .
  • Medical certificate for your spouse.
  • Proof of payment for applicable government fees.
  • Digital photo.
  • Marriage certificate.
  • Birth certificates or adoption records.
  • Proof of registration of marriage .

Provide at least two of the following documents,to demonstrate your relationship:

  • Proof that you own property together.
  • Shared bank accounts.
  • Utility bills having both of your names.
  • Copies of government-issued IDs.
  • Car insurance.
  • Pay stubs or tax forms .

Is an interview required for spousal sponsorship:

Immigration interviews are rare for spousal sponsorship cases.When there is a lack of documents supporting the relationships, contradicting information on the forms vs. documents, age and religious difference, then there is a need for an interview.

If my spousal sponsorship application is refused can I re-apply for it?

Yes, you can re-apply If your spousal sponsorship application was refused.Whenever you re-apply, it is very important to address the reason for the refusal in your application with new information or documentation.

Summary:

  1. Family Reunification.
  2. Eligibility based on Citizenship and Residency.
  3. Financial and Relationship Criteria.
  4. Detailed Application Process.
  5. Appeal Option
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