Spouse (or) Common Law Partner

If you are a Canadian citizen or permanent resident you may eligible to sponsor your spouse , common-law partner, or conjugal partner, you have two streams to choose either Outland sponsorship or Inland sponsorship based on your situation.

Canada aim to welcome over 400,000 new immigrants per year as per the new immigration level plan, approx 60% from express entry and approx 85,000 from family class.

You are eligible if:

• Your age 18 years or older;
• If you are a Canadian citizen, permanent resident living in Canada, or person registered under the Canadian Indian Act;
• You need to live in Canada or are a Canadian citizen planning to return to the country;
• You are not receiving social assistance for reasons other than a disability;
• You have to give basic needs, those of your spouse or partner and, if applicable, those of dependent children.

As a sponsor you should :

• Be able to support your partner financially;
• Make sure they not need a social assistance from the Canadian government.

For sponsoring your spouse in Canada you need to give a legal commitment by singing an “undertaking” that promise you have to provide financial support to the sponsored person and need to provide basic needs like Food, Housing,utility bills, hygiene products,clothing . kindly note: medical expenses not covered by public health insurance , like eye care, dental care.

The duration of the undertaking is 3 years from the day your spouse, common-law or conjugal partner becomes a permanent resident.

Even your personal or financial situations change you can’t cancel or withdraw an undertaking once application approved by IRCC.

There is no specific income requirement for sponsoring spouse or partner

Kindly note the below financial requirements for spousal sponsorship

• You must show that you have enough income or assets to support the spouse or partner once he or she arrives in Canada;
• You must not be receiving income support benefits from any province or be in bankruptcy proceedings.

Even you receiving Employment Insurance benefits or disability benefits, you may still sponsor your spouse, common-law partner, or conjugal partner.

Sponsorship charges

If you are sponsoring your spouse or partner and he or she has dependent children, an additional payment of $175 will be required for each child included in the application.

If the sponsor resides in Quebec or intends to reside in Quebec when permanent residence is issued, an additional fee of $289 CAD will also be required.

Under this immigration program you have to prove that you are in a legal relationship as below

• Spouse: you are legally married;
• Common-law partner: you live or have lived with your partner minimum 12 consecutive months in a relationship like marriage
• Conjugal partner: you must have been in a continuous and committed relationship for a period of minimum 12 months but have had significant obstacles that prevent you from residing with one another (such as cultural, religious or immigration barriers).

Yes we can sponsor same –sex marriages and relationships, and your spouse or partner may eligible to apply in one of the three categories above, but make sure both parties meet all the eligibility points.if the marriage happened outside Canada, it should be legally recognized in the country where the marriage took place.

For proving your common-law relationship need to submit documents like below

• Your relationship Information and Sponsorship Evaluation Questionnaire;
• Birth certificates, marriage certificates or adoption records of any children you and your common-law partner have together;
• The photos of you and your common-law partner that show the depth of your relationships
• Documental evidance that you are recognized as common-law partners of each other, such as employment or insurance benefits;
• Proof of shared expenses between you and your partner;
• Proof of your relationship (letters, emails, social media).
• Rental agreements mentioning both you and your partner name
• Joint bank account details with you and partner

If there is any indication that your relationship is not genuine, the sponsorship application will not be accepted.

Before starting the process you have to make sure that you and your partner ,kids or parents meet all the eligibility criteria.

You need to submit the following two applications at the same time:

• Your application to sponsor your spouse or partner.
• Your spouse or partner’s permanent residence application.

The process involved 3 steps

Step 1. Visit the government website and find the forms; it will help you complete the process correctly.

Step 2. You have to pay online application fee, which includes the below fees:

• Processing fees for all persons included in the application;
• Right of Permanent Residence Fee;
• Biometrics fees;
• Other third-party fees, if applicable.

Step 3. Submit your application with the required supporting documents.

Couples have two options to choose from when submitting their application:

Outland Sponsorship

Let your better half be anywhere this program allows you to sponsor him/her regardless where they are residing.

In simple language this sponsorship comes under the category of family sponsorship. A Canadian by birth or residence can sponsor her/his common-law partner where, both the sponsored and sponsor should be approved by Immigration, Refugees and Citizenship Canada (formerly CIC now IRCC) in order for the sponsored person to receive a visa. However, there are specific requirements that both the sponsored and the sponsor should meet before going ahead with the process.

To begin with, there are two parts for the formalities the Canadian citizen or permanent resident will have to apply to become a sponsor, while the foreign spouse or partner will have to apply for permanent residence.

Even though the outland program is meant for people living outside Canada, it can be used by a person living within the very country too. The sponsored may travel in and out of the country during this application period if she/he from a visa free country or obtain a appropriate Candian visa. However this is totally under the discretion of Canada immigration authorities. Outland submissions are processed through the visa office of applicant’s country of origin, or where they have resided legally for at least one year. Processing duration is listed by individual countries where the application is being made. This anticipates couples to make directions on which sponsorship route to take, whether Inland/Outland.

Gladly IRCC is favorable to process entire formalities as fast as they can so that they reunite families as fast as they can within the time period of 12 months.

Who is eligible to apply under Outland sponsorship?

For applying Out land sponsorship you and sponsored person have to meet certain eligibility points as below

• the sponsor shoud be a Canadian citizen or permanent resident;
• You and sponsored person should be at least 18 years of age;
• the relationship between you and the sponsored person should coming under the below relationship
  • spouse: you need to be legally married and your marriage is valid under the law of the jurisdiction where it was registered and under Canadian law
  • common-law : you are cohabiting or have cohabited with your partner in a marriage-like relationship for a minimum 12 consecutive months;
  • conjugal partnership * : you have been in an ongoing and committed relationship for a period of a minimum 12 months but, due to significant legal constraints or other factors beyond your control, such as an immigration barrier or marital status, you cannot live together;
• the sponsored person must not have been sponsored by their spouse in Canada in the five years preceding the submission of their application;
• neither spouse must be in prison, charged with a serious offence or bankrupt;

Kindly note : If you are in a conjugal relationship, you will need to submit an Out land sponsorship application as this type of relationship is not eligible under Inland sponsorship.

steps by step process for submiting an Outland sponsorship application

This process involved 4 steps

• Step 1: Visit the government website and find the application
• Step 2: You have to pay the required application fees online.
• Step 3: You have to fill and sign all required forms. You have to check whether additional country-specific forms are required depending on your spouse or partner’s country of residence.
• Step 4: You have toSend your application to the correct visa office.

The province of Quebec has its own immigration procedures and additional steps will have to be taken if you reside in that province.

Inland Sponsorship

If your partner lives within the country, Kudos! then this program is meant for you

This program too is a subcategory of the Family Class immigration, under which a Canadian permanent resident may sponsor his/her common-law partner for Canadian permanent residence. Both the sponsor and the sponsored person must be approved by the earlier mentioned IRCC in order for the sponsored person to receive a visa. There are two parts for the formalities. the Canadian citizen or permanent resident will have to apply to become a sponsor, the foreign spouse or partner will have to apply for permanent residence

Regardless of the sponsorship method chosen, both the sponsor and the sponsored person must meet a number of specific requirements in order to consider the eligibility.

Under this sponsorship category, the foreign spouse/common-law partner must have valid temporary status in Canada, either as a worker/student/visitor. If the sponsored person already has a work or study permit, he or she may continue to work or study as long as the permit is valid. Still it is important to note that working and studying in Canada without valid status are illegal and may result in serious consequences for the sponsored person.

The person being sponsored through the Inland path may be eligible for an Open Work Permit while his or her application is being processed. This program is a blessing in way since it can help to anticipate the upshots of a lengthy application process by allowing the sponsored person to work for a Canadian employer, without first having a confirmed offer of employment. Applicants who would like to apply an open work permit should apply for one at the same time that they apply for permanent residence.

However, IRCC states that if a sponsored common-law partner has not submitted an application for an open work permit while their permanent residence application, he or she may still submit an application for an open work permit later. If IRCC call for an interview, the sponsored person will be notified, in writing, of the date, time and location of the interview and of the documents he or she must bring. In case a sponsored person’s application is refused, he/she is required to leave Canada immediately at the end of his or her period of temporary stay.

Added to this, if the sponsored leaves Canada at any point while the application is being processed, there is no guarantee that he or she will be allowed to re-enter Canada, especially if he or she requires a visitor visa. Here too, IRCC is favorable to process entire formalities on a fast phase so that they reunite families as fast as they can where the maximum time period assumed is 12 months

Who is eligible to apply under Inland sponsorship?

For applying Inland sponsorship you and sponsored person have to meet certain eligibility points

• your spouse or partner needs to live with you in Canada; and
• your spouse or partner needs to have temporary resident status in Canada.

You and the sponsored person need to meet other conditions to be eligible for Inland sponsorship:

• the sponsor should be a Canadian citizen or permanent resident in Canada;
• both the sponsor and sponsored person minimum 18 years of age;
• the relationship between the sponsor and the sponsored person should be one of the below
  • spouse: you need to be legally married, and your marriage is valid under the law of the jurisdiction where it was registered and under Canadian law;
  • common-law: you are cohabiting or have cohabited with your partner in a marriage-like relationship for minimum 12 consecutive months;
  • the sponsored person should not have been sponsored by their spouse in Canada in the five years preceding the submission of their application;
  • neither spouse must be in prison, charged with a serious offence or bankrupt.

Kinldy note : Conjugal partnerships, i.e. relationships in which two people cannot live together or marry because of religious or marital status barriers, for example, are not eligible for Inland sponsorship.

process of Inland sponsorship

Inland sponsorship applications consist of the following two steps:

• The Canadian citizen or permanent resident will have to apply to become a sponsor;
• The foreign spouse or partner will have to apply for permanent residence.

The application submission process involves 4 steps, like :

• You have to verify eligibility for both the sponsor and sponsored person;
• You have to pay required fees online;
• You have to gather all supporting documents;
• You have to fill and sign all required forms and submitting them to the appropriate visa office.

You can submit the applications to sponsor a spouse or partner can be submitted either outside Canada at a visa office abroad or in Canada at a local immigration office. Sponsorship applications for conjugal partners must submitted through an outside of Canada application process.

The normal spousal application processing time is 12 months.

Only if the informations what we provided not credible then may you called for an Interview and its discreatio of the visa officer.