Are you a Canadian citizen or permanent resident looking to reunite with your spouse or partner? Canada's spousal sponsorship program offers a pathway for Canadian citizens and permanent residents to reunite with their spouse, common-law partner, or conjugal partner. This program grants permanent residency status to sponsored family members, allowing them to live, work, and study in Canada.
Before You Begin: Assessing Your Eligibility as a Sponsor
The first step is to determine your eligibility as a sponsor. Here are the key requirements you must meet:
Age: You must be at least 18 years old.
Immigration Status: You must be a Canadian citizen, a permanent resident of Canada, or a person registered as an Indian under the Canadian Indian Act.
Financial Capability: You must demonstrate financial stability and the ability to provide for the basic needs of your sponsored family members. There's a minimum income requirement in specific situations, such as sponsoring a child with their own dependents.
Residency Plans: If you're a Canadian citizen living abroad, you must show your intention to reside in Canada when your sponsored family members become permanent residents.
Who Can You Sponsor? Understanding Eligible Family Members
The family sponsorship program allows you to reunite with a variety of family members. Here's a breakdown of who qualifies:
Spouse: Your spouse must be legally married to you and at least 18 years old.
Common-Law Partner: You can sponsor your common-law partner if you've cohabited continuously for at least 1 year in a conjugal relationship. This means a genuine, committed partnership where you share a life.
Conjugal Partner: This category applies if you're in a relationship for at least 1 year with someone who lives outside Canada. You must be unable to live together or marry in your home country due to specific legal or social reasons, such as same-sex marriage restrictions or religious persecution. You'll need to provide documented proof of these circumstances.
Eligibility of Sponsored Family Members
To meet the eligibility requirements, your spouse or partner must provide:
All required forms and documents with their application.
Any additional information requested during processing, including:
Medical exams.
Biometrics.
You cannot sponsor someone inadmissible to Canada, meaning they are not allowed to enter the country.
Types of Canadian Spousal Sponsorships
When sponsoring your spouse or partner to come to Canada, you will encounter two different types of sponsorship: Inland and Outland.
Inland Sponsorship: The Inland Sponsorship program simplifies the process for Canadian citizens and permanent residents to sponsor their existing spouse or common-law partner for permanent residency in Canada. This program is specifically designed for couples already residing together within the country. The sponsored partner can maintain their current status and continue living in Canada throughout the application process.
Benefits:
The foreign partner can obtain an Open Work Permit, allowing them to work for a Canadian company while waiting for permanent residency approval. This provides financial stability.
The couple can stay together in Canada throughout the application process, which can be comforting and reduce stress during times of uncertainty.
2. Outland Sponsorship is intended for couples where one partner resides abroad. Unlike Inland Sponsorship, the sponsored partner does not need to be in Canada when applying, as in the case of Mrs. O’s husband. This program also allows the sponsored partner to leave and re-enter the country as necessary. Some couples prefer Outland Sponsorship for its added flexibility, even if both partners are already in Canada.
Benefits:
The sponsored partner can leave Canada if needed and return as a visitor during the application process, offering greater freedom of travel.
The right to appeal if the application is refused, providing another opportunity to demonstrate the legitimacy of your relationship and eligibility. Inland sponsorship does not offer this option.
Open Work Permit for Outland Applicants:
You can apply for an open work permit if you’re one of the following:
a spouse, common-law partner or conjugal partner living in Canada who’s being sponsored for permanent residence
an accompanying dependent child of the principal applicant
Principal permanent residence applicants
When you apply for your open work permit, you must also be
in a genuine relationship with your sponsor
included in an application for permanent residence, and have an acknowledgement of receipt (AOR) letter confirming that your permanent residence application is being processed
The AOR must be for your permanent resident application. You can’t use the AOR your sponsor received when they applied to sponsor you.
living in Canada with your sponsor
What Next?
Reuniting and having your spouse or common-law partner become a permanent resident in Canada could be a daunting task but with the right information and strategy in place, it is highly achievable. with your spouse through sponsorship is a rewarding experience, but it requires careful planning and preparation.
If you are a Canadian Citizen or permanent resident and would like your spouse or common-law partner become a permanent resident, our experienced team can guide you through every step, from assessing your eligibility to ensuring a complete application. Contact us or book a consultation and let our experts guide you through the spousal sponsorship application process.
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