After economic immigration, family reunification is the second most common reason for new arrivals to Canada.
The IRCC anticipates welcoming 114,000 new permanent residents through these channels by 2024. These residents consist of parents, grandparents, children, and spouses’ dependents.
Foreign nationals can join their Canadian citizen or permanent resident spouse, common-law partner, or conjugal partners in Canada by sponsoring a spouse, with the ultimate goal of becoming permanent residents themselves.
Spousal sponsorship can be obtained through one of two methods: inland sponsorship (applying from within Canada) or outland sponsorship (applying from outside Canada).
The sponsor needs to fulfill specific qualifying conditions in both cases. They have to:
- Be at least eighteen years old;
- Possess Canadian citizenship or be a permanent resident of Canada living in Canada;
- Not facing serious criminal charges, being imprisoned, insolvent, or subject to a deportation order; and
- They cannot have received a spouse sponsorship to enter Canada in the previous five years.
Additionally, sponsors need to be ready to sign a financial commitment. This implies that, even in the event of a breakup, they will be legally required to provide for the basic needs of their common-law partner or spouse who is a foreign person for a maximum of three years.
Basic needs are described as follows by Immigration, Refugees and Citizenship Canada (IRCC):
- Food, clothes, housing, and other necessities for daily life,
- Eye treatment, dental care, and other medical needs are not met by public health services.
Lastly, the linkage also establishes eligibility for the paths.
Spouse: Legally wedded
Common-law partner: A relationship in which the partners have resided together for a minimum of 12 months in a manner similar to that of marriage.
Conjugal partner: A committed relationship that has lasted for more than 12 months, but cohabitation has been impeded by obstacles such as immigration barriers or cultural/religious beliefs.
The IRCC has a service standard of 12 months for both inland and outland applications for spousal sponsorship (the amount of time the government considers reasonable to process an application).
Sponsorship within the country or Inland Sponsorship
When choosing the inland sponsorship route for their husbands or partners, foreign nationals must make sure they are in Canada as visitors, temporary residents, or holders of a work or study permit.
If the sponsored companion currently resides in Canada, they may be eligible to apply for a Spousal Open Work Permit (SOWP) in conjunction with their application for permanent residency.
Spouses and common-law partners must live together at the time of the application. Married individuals are prohibited from submitting applications for inland sponsorship.
Moreover, the IRCC advises against leaving Canada for anyone submitting an application for inland sponsorship of permanent residence. In particular, if they require a guest visa, they could not be allowed to return if they do go.
Outside sponsorship or Outland Sponsorship
Outland sponsorship is a possibility for couples who are unable to live together in Canada. If they fulfill all other requirements for spousal sponsorship, spouses, common-law partners, and conjugal partners may apply.
The sponsor typically resides in Canada. The foreign national has the ability to visit Canada multiple times as they await the outcome of their application.
Outland sponsorship might be the best option for sponsored partners who reside in Canada and are aware that they will have to travel abroad and back while their application is being processed.
