Spousal Sponsorship Application Refused


Rejection of Spousal Sponsorship Application

Have you ever wondered why most spousal sponsorship application are refused by citizenship and immigration Canada (CIC) ? Your grounds to sponsor your spouse or common law partner could be valid but still your application is not accepted. After this rejection you wonder what you must have done to face this rejection on your documents. You are not alone when it comes to rejection due to the filing of irrelevant documents on your application. It is correct that you do not need a lawyer or consultant to prepare your case, there are no such laws that can restrict a common citizen to not apply for sponsorship themselves. Some people fill out the applications directly from CIC’s website and think that their job is done. People have various reasons to avoid having a representative but it is always advisable to have a representative to do the job on your behalf so that you do not have to face rejection of any kind in processing your application.

Types of Sponsorship application

There are three types of spousal sponsorships, conjugal, common law and spousal. Some people think that it is all the same when they fill out the forms and file the documents. The fact is that there are different forms for these different categories. You cannot fill out the same forms for these three different categories. The right forms and relevant documents are imperative to have success in your application process. In this blog we will discuss the difference between these categories and how they are separate from each other. We will also discuss the forms briefly in this blog so the readers can understand and avoid making common mistakes that people make while preparing to sponsor their partners to Canada. It is also important to understand the meaning of different types of partners that you can sponsor. Definitions of those partners such as conjugal, common-law or conventional spouse are mentioned below.

Sponsoring Conjugal Partner

According Canadian laws a conjugal partner is a foreign national who is residing outside Canada and who is in a relationship with a Canadian sponsor for at least one year, but he/she could not get to live with the sponsor as a couple. This term conjugal partners could be applied to both heterosexual and homosexual couples. This category of sponsorship had to be established for partners of those sponsors who normally would present an application as common-law partners or as a spouse, but could not articulate their relationship due to circumstances beyond their control such as, sexual orientation, immigration or cultural barriers, religious reasons and so on. Therefore, they could not end up together for a period of at least one year. However, in cases like this significant attachment of documents regarding mutual interdependence between both partners has to be demonstrated. There also has to be a proof of the obstacles or restrictions that prevented cohabitation or marriage for that particular period of time.

Sponsoring Common-Law Relationship

If you apply to sponsor a common-law partner of the opposite sex or the same sex, you have to prove that you have been living with your partner for at least twelve months in a row to establish your relationship like a married couple.

Common-law relationship normally means living together for one year without any long periods or gaps where the couple did not see each other. A common-law relationship ends when a partner in that relationship does not intend to continue the relationship.

You are a in a common-law relationship either of the opposite sex or the same sex if:

  • you have been living together in a conjugal relationship for at least a year or 12-month period (in that time you are allowed short absences for business travel or family reasons).

You will need to prove that you and your partner are one and have set up a house hold together. This can be proved in a form of various documents:

  • joint payment of utilities (electricity, gas, telephone)
  • joint household expenses
  • joint purchases, especially of household items
  • same mailing address
  • joint bank accounts or credit cards
  • joint ownership of a home or
  • joint residential leases
  • joint rental receipts

Sponsoring a Spouse

The definition of a spouse is a person you are legally married to and have authentic paper work to prove your relationship with the person as a couple or family.

You are a spouse by every definition of this word, if you are married to your sponsor and your marriage is legal. As a spouse if you were married in Canada you must:

  • have a marriage certificate that is issued by the province or territory where the marriage took place.

If you were married outside Canada:

  • the marriage must be valid legally in the country where it took place as well as under the Canadian law, and
  • if the marriage took place outside of Canada, it must follow the law of the country where it took place and not the law of the country the person comes from and the law must be recognized in Canada

Sponsorship Forms to complete

The following are the forms that must be filled out and submitted:

  • Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344) (PDF, 442.21 KB)
  • Document Checklist (IMM 5491) (PDF, 878.79 KB)
  • Sponsorship Evaluation (IMM 5481) (PDF, 584.73 KB)
  • Sponsor Questionnaire: (IMM 5540) (PDF, 1.07 MB)
  • Statutory Declaration of Common-law Union (IMM 5409), if applicable (PDF, 636.51 KB)
  • Use of a Representative (IMM 5476), if applicable (PDF, 648.31 KB)

IMM 1344: must be filled out by the sponsor, the co-signer, if applicable the principal applicant.

IMM 5481: the sponsor completes this form

IMM 5540: This form must be completed by the person who is either sponsoring a spouse, a common-law partner or a conjugal partner.

IMM 5409: If you are in a common law relationship, it is. If not, then you don’t need to complete it.

IMM 5476: has to be filled by a lawyer or a consultant if hired.

Contact Akrami & Associates:

If you want to sponsor your spouse, common law partner or conjugal partner and want to have solid application prepared to bring your partner to Canada, please do consider Akrami & Associates for all your legal needs. Our team of dedicated consultants and lawyers will take good care of you by presenting the best possible case for you and your loved ones.

With Akrami & Associates there is always a way!

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