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Spousal Sponsorship in Canada
Family separation can be a distressing experience, especially when loved ones live in different countries. In Canada, the government understands the importance of family unity and offers various sponsorship programs to reunite families. Among these programs, Spousal Sponsorship is the most preferred one. The Canadian government is committed to welcoming around 80,000 spouses, partners, and children of Canadian residents in 2023.
The Spousal Sponsorship program offers a pathway for Canadian citizens and residents to sponsor their spouse or common-law partner for permanent residency in Canada. However, the process can be complex, and applicants need to meet specific eligibility criteria and provide evidence of a genuine relationship.
In this article, we will discuss the Spousal Sponsorship process in Canada and highlight essential factors that applicants need to keep in mind to make the process smooth and successful. We will also discuss the processing time and the importance of the new online tracker launched by the Canadian government to track the application status. Whether you are a Canadian citizen or a permanent resident, if you are planning to sponsor your spouse or common-law partner, this article is for you.
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Requirements of a Canadian resident or citizens sponsoring their spouse
If you are a Canadian citizen or permanent resident, and you want to bring your spouse or common-law partner to Canada, there are specific requirements you must meet. These requirements are put in place to ensure that the sponsor is capable of supporting their partner financially and to prevent fraud. Below are the requirements for a Canadian resident or citizen sponsoring their spouse:
- Age: The sponsor must be at least 18 years old. If you are under 18 years old, you cannot sponsor your spouse.
- Residency: The sponsor must be a Canadian citizen, a permanent resident of Canada, or a person registered under the Canadian Indian Act. This means that if you are a temporary resident in Canada, such as a student or a worker, you cannot sponsor your spouse.
- Financial Support: The sponsor must be able to provide financial support to their spouse or common-law partner. The sponsor must sign an undertaking with the Canadian government, which is a legally binding agreement that states they will provide financial assistance to their spouse or common-law partner for a specific period. The undertaking period varies depending on the relationship between the sponsor and their partner.
Read more about eligibility requirements in the complete instruction guide.
The financial support agreement is essential as it ensures that the sponsored person does not become a burden on Canadian taxpayers. The sponsor must demonstrate that they have sufficient income to support their partner financially. The government of Canada has set minimum income requirements that the sponsor must meet to be eligible to sponsor their spouse or common-law partner.
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Requirements that the person who is sponsored has to match
If you are being sponsored by a Canadian citizen or permanent resident for Spousal Sponsorship, there are specific requirements that you must meet to be eligible. These requirements are put in place to ensure that the sponsored person is genuinely in a relationship with their sponsor and that they are not inadmissible to Canada due to health or criminality concerns. Below are the requirements that the person being sponsored must match:
- Relationship Status: The sponsored person must be the spouse, common-law partner, or conjugal partner of the Canadian resident or citizen sponsoring them. If the sponsored person is the spouse of the sponsor, they must be legally married. If they are a common-law partner, they must have lived together for at least one year continuously. If they are in a conjugal partnership, they must have been in a committed relationship for at least one year but have not been able to live together due to circumstances beyond their control, such as religious or cultural reasons.
- Age: The sponsored person must have attained the age of 18 years to be eligible for Spousal Sponsorship.
- Health and Criminality: The sponsored person must clear a health security check-up and a criminal background check to be eligible. They must not have any medical conditions that could pose a risk to public health or safety, and they must not have a criminal record that makes them inadmissible to Canada.
It is essential to note that the sponsored person must also provide evidence of a genuine relationship with their sponsor. This is to prevent fraudulent applications where people enter into fake marriages or partnerships to obtain permanent residency in Canada. The sponsored person must demonstrate that they are genuinely committed to their relationship with their sponsor and that the relationship is not entered into for the purpose of obtaining immigration status in Canada.
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Applying for Spousal Sponsorship
If you and your partner have determined that you both meet the eligibility requirements for Spousal Sponsorship in Canada, you can begin the application process by visiting the online portal of IRCC’s website. The application process includes payment of permanent residency (PR) fees, biometric fees, and processing charges.
It is important to note that the sponsorship application must be submitted along with a PR application. The PR application process can take some time, so it is recommended that you start the application process as early as possible.
After the application has been approved by IRCC and the sponsored person has been granted Canadian PR, there are still some conditions that must be met. The Canadian citizen or permanent resident must take financial responsibility for the sponsored person for a continuous period of three years. During this time, the sponsor is not eligible to receive financial assistance from the government.
Furthermore, the sponsored person is not allowed to sponsor another member until five years after being sponsored. This is to prevent people from abusing the system by sponsoring multiple family members for permanent residency in Canada.
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Conclusion
Spousal Sponsorship is an important program that allows Canadian citizens or permanent residents to sponsor their spouse, common-law partner, or conjugal partner for permanent residency in Canada. The program has specific eligibility requirements that both the sponsor and the sponsored person must meet, and the application process involves submitting a joint application for PR along with the sponsorship application.
Once the application is approved, the sponsored person is granted Canadian PR, and the sponsor must fulfil certain obligations, such as financial responsibility for a continuous period of three years. It is also important to note that the sponsored person is not allowed to sponsor another member until five years after being sponsored.
Overall, the Spousal Sponsorship program is a great opportunity for families to reunite and live together in Canada. Understanding and meeting all the requirements is key to a successful application, and applicants should ensure that they have all the necessary information and documents before beginning the process.
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