Sponsoring Your Spouse, Common-law Partner or Conjugal Partner

The-Basics-of-Spousal-Sponsorship-in-Canada

How to Sponsor Your Spouse, Common-law Partner or Conjugal Partner

Are you trying to sponsor your spouse, common law partner or conjugal partner? Was your application refused? Are you confused about the entire process and not sure about what exactly you need to show on your application to convince CIC that you are in genuine relationship with your spouse, common law or conjugal partner? You may be happy to know that you are not alone. Many applications are refused each year, despite the relationship being genuine. If you are one of those people who have had their applications refused and are still struggling to understand why, this blog may provide some helpful tips to improve your next application.

What Are the Requirements to Sponsor a Spouse, Common Law or Conjugal Partner

The eligibility requirements to sponsor a spouse, common law partner or conjugal partner are the same for all categories. Namely, among other requirements, the sponsor must be at least 18 years old, a Canadian citizen, permanent resident or person registered as an Indian under the Canadian Indian Act, and not receiving social assistance. Although there is no low-income requirement to sponsor a spouse, the sponsor must still be able to show he or she can meet the basic needs of their spouse. All these three types of applications apply to same

Who Can Be Sponsored as Spouse, Common Law or Conjugal Partner

In order to be eligible for sponsorship, the applicant must be at least 18 years old, and either legally married, in a cohabiting relationship for at least twelve months consecutively, or a conjugal relationship for at least twelve consecutive months. The applicant will also need to be criminally and medically admissible.

Who Cannot Become a Sponsor

In some cases, a person may not be eligible to become a sponsor. Some reasons for ineligibility include not paying back an immigration loan, receiving social assistance or undergoing the bankruptcy process. Other reasons include being convicted of a violent or sexual criminal offence and failing to provide for the basic needs of a previously-sponsored relative who received social assistance.

Who Can Sponsor a Spouse to Canada

You can sponsor a spouse in to Canada if you are married in a legally valid, civil marriage. This means that you can be married anywhere in the world if your marriage is legally recognized in the country where it took place and in Canada. Canada also recognizes same sex civil marriages. You can sponsor a person as your spouse if your marriage is a legally valid civil marriage. However, CIC will not accept marriages that are performed outside Canada where one or both persons are not physically present at the ceremony.

Who can sponsor Common law Partner

A common-law relationship can be established where a sponsor and applicant has lived together for at least 12 consecutive months in a marriage-like relationship. Under this application, the reviewing officer will look for evidence that shows that the sponsor and applicant are in a common-law relationship. Evidence that can be used to show a “marriage-like” relationship include: joint bank account, joint lease, joint title ownership of assets, or insurance coverage.

What is a Conjugal Partner

A conjugal partner under this category is defined as a person living outside Canada, is in a conjugal relationship with a sponsor for at least one year, could not live with the sponsor as a couple due to reasons beyond his or her control. Some of these reasons could be for example, religious reasons or sexual orientation. The applicant and sponsor must show that they are in a genuine relationship for at least twelve months and that there is a significant degree of attachment that implies a physical, mutually interdependent relationship between the parties.

What is the Difference Between In-Land and Overseas Spousal Sponsorship

In an in-land spousal sponsorship, the applicant must live in Canada with the sponsor at the time they submit their application and must remain in Canada until a decision is made. Those who apply under an in-land category can also apply for an open work permit if they have legal status in Canada. This will allow the applicant to work legally while awaiting a decision. In the case of an overseas spousal application, the application is getting processed outside of Canada.  If the applicant wishes to visit their spouse while the application is being processed they can apply for a visitor visa if the country of citizenship is from a non-visa exempt country such as India, Pakistan, Ghana ,Nigeria, Afghanistan etc.

Who Lives with You In Canada

To sponsor a common-law partner in Canada, the applicant must have lived or be living with you for twelve months consecutively. Another requirement is that the applicant must have temporary resident status. However, in some cases, an applicant may still have their application for permanent residence reviewed even if they do not have legal status in Canada. They will still need to be criminally and medically admissible to Canada.

Do I Have Any Obligations As Sponsor under the Spousal, Common-law and Conjugal Partner Sponsorship

The sponsor has legal obligations, also called an undertaking. As a sponsor, you are legally required to provide financial support for the basic needs of your spouse or partner, and where applicable, any dependent children. Some of these basic needs include food, clothing and shelter. It can also include dental care, eye care or any health needs not covered by the government. The sponsor has a legal obligation to meet these basic needs for a term of three years from the date the applicant becomes a permanent resident.

Contact Akrami and Associates

The application process for sponsoring your spouse or partner for permanent residence is a quite complex process that if not approached with care, can result in a refusal. For this reason, it is advisable to hire a professional with the knowledge and expertise that will be committed to your matter. At Akrami & Associates, we have helped many clients in these types of cases. We are known for getting results and doing everything possible to help our clients. If you would like to sponsor your spouse or partner to Canada, you can contact us at Akrami & Associates at 416-477-2545 for more information. Otherwise, if you simply want to learn more about what is required to sponsor your spouse or common law partner as a permanent resident, you can also book a consultation with one of our immigration professionals for more advise.

 

 

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