A Complete Guide to Permanent Residence in Canada: Pathways and Benefits
Spousal Sponsorship Canada: How to Bring Your Partner to Canada
Are you ready to bring your spouse to Canada and start a new life together? Whether you’re married or in a common-law relationship, the spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouses, partners, or dependent children for permanent residency. The process can seem complex, but with the right guidance, it’s possible to navigate it smoothly.
In this post, we’ll break down the essentials of spousal sponsorship in Canada, including the eligibility requirements, the application process, and what you can expect at each step.
What is Spousal Sponsorship?
Spousal sponsorship is a program offered by Immigration, Refugees, and Citizenship Canada (IRCC) that allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner to become a permanent resident of Canada. This program is designed to reunite couples who are separated by borders.
A successful spousal sponsorship application leads to permanent residence in Canada for the sponsored spouse, which means they can live, work, and study in Canada indefinitely. As a sponsor, you’ll be legally responsible for supporting your spouse financially for a period of three years after they became a permanent resident of Canada.
Who is Eligible for Spousal Sponsorship?
Before you begin the spousal sponsorship application process, it’s important to ensure that both you (the sponsor) and your spouse or partner meet the eligibility requirements.
1. Sponsor Eligibility
To be eligible to sponsor your spouse or common-law partner, you must:
- Be a Canadian citizen or permanent resident of Canada.
- Be at least 18 years old.
- Be able to provide financial support for your spouse for the duration of the sponsorship period (usually three years).
- Not be receiving social assistance (except for disability benefits).
- Have no criminal record or past immigration violations (such as deportation or exclusion orders).
2. Sponsored Spouse Eligibility
For the person you wish to sponsor (the applicant), the eligibility requirements include:
- Age Requirement: The sponsored spouse must be at least 18 years old.
- Proof of Relationship: You must prove that your relationship is genuine and not entered into for the sole purpose of gaining immigration benefits. Proxy marriages are not allowed.
- Health and Criminal History: The sponsored person must undergo an immigration medical exam (IME) and provide police certificates to confirm that they have no criminal background.
- Ineligibility to Sponsor: If your spouse has been previously sponsored, they may not be eligible for sponsorship unless a period of five years has passed.
The Application Process for Spousal Sponsorship
Applying for spousal sponsorship involves multiple steps. Each step requires careful attention to detail, as even small mistakes can delay the processing of your application.
Step 1: Gather Required Documents
Before you start the application, you’ll need to gather the required documentation. Some of the documents you’ll need include:
- Proof of Canadian Citizenship or Permanent Residency: For sponsors.
- Marriage Certificate or Proof of Common-Law Relationship: You must provide a valid marriage certificate, common-law partnership documents, or proof of a relationship if applicable.
- Proof of Relationship: Provide evidence of the genuine nature of your relationship. This can include photos, communication records, joint bank accounts, joint leases, or affidavits from friends and family.
- Medical Examination Results: The sponsored spouse must undergo a medical exam from a designated physician. This should be done after receiving an official request from IRCC.
- Police Clearance: Your spouse will need to provide police certificates from any country they have lived in for more than six months since the age of 18.
Step 2: Submit the Application Package
Once you have all the required documents, you need to complete the application forms, which include the Application for Permanent Residence (IMM 0008) and the Sponsorship Application (IMM 1344). Most applicants need to submit the application online. Paper application options can be considered on a case by case basis.
- Online Applications: Submitting online can be faster and allows you to track the progress of your application.
- Paper Applications: If you submit a paper application, you will need to send the application package to the appropriate address. This can take longer for processing. IRCC allows paper applications under limited circumstances.
Step 3: Pay the Fees
The application fee for spousal sponsorship includes:
- Sponsorship Fee: CAD 85
- Processing Fee: CAD 545
- Right of Permanent Residence Fee (RPRF): CAD 575
- Dependent Child Fee (if applicable): CAD 175 per added child
Be sure to pay the fees in full and keep a copy of the payment receipt for your records. These fees are non-refundable (except the RPRF), even if your application is rejected.
Step 4: Wait for Processing
After submitting your application, the processing time can vary. On average, spousal sponsorship applications take between 12 to 24 months. The process includes:
- Acknowledgment of Receipt (AoR): IRCC will notify you once they have received your application.
- Additional Documents/Requests: If necessary, the IRCC may request more documentation or schedule an interview.
- Medical and Criminal Checks: The sponsored spouse will need to complete medical exams and provide police certificates.
- Decision: After reviewing your application, the IRCC will either approve or refuse your sponsorship request.
Step 5: Approval and Permanent Resident Visa
If the application is approved, your spouse will receive their permanent resident visa and may need to attend a landing interview at a Canadian port of entry. Once they enter Canada, they’ll officially become a permanent resident. If they are already in Canada, they may get invited for virtual landing option.
Step 6: Post-Approval Responsibilities
As the sponsor, you must fulfill certain responsibilities once your spouse arrives in Canada:
- Financial Support: You must support your spouse financially for three years.
- Responsibility to Notify IRCC of Changes: If you move or your circumstances change, you must inform IRCC.
What Happens if the Spousal Sponsorship is Denied?
If your spousal sponsorship application is denied, you’ll receive a detailed letter explaining the reasons for the refusal. In some cases, you may have the option to appeal the decision to the Immigration and Refugee Board of Canada (IRB). However, it’s important to carefully review the refusal reasons and correct any mistakes before reapplying.
Spousal Sponsorship vs. Other Family Sponsorship Programs
If you’re considering sponsoring a family member to come to Canada, it’s important to understand the differences between spousal sponsorship and other family sponsorship categories.
For example, if you wish to sponsor your parents or grandparents, you would need to apply under the Parent and Grandparent Sponsorship Program. The requirements, processing times, and financial obligations for sponsoring parents or grandparents differ from those of spousal sponsorship.
Conclusion
Spousal sponsorship is a powerful tool for reuniting couples and ensuring that partners can build a life together in Canada. While the process may seem daunting, following the correct steps and meeting the eligibility requirements will increase your chances of success. By ensuring that you submit the necessary documentation and providing proof of your genuine relationship, you can pave the way for your spouse’s permanent residence in Canada.
Ready to start your spousal sponsorship journey? Take the first step today by gathering the required documents and seeking professional guidance to ensure your application is flawless.