Spousal Sponsorship Q and A

Spousal-Sponsorship-Q-and-A

How Can I Sponsor My Spouse

First and foremost, you and your spouse both need to meet the eligibility requirements. If you want to be a sponsor, you need to be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident living in Canada who is at least 18 years old. Please note, if you are a Canadian citizen living outside Canada, you must demonstrate your intent to live in Canada when your spouse becomes permanent resident. However, the case is different for permanent residents. You cannot sponsor someone if you are a permanent resident living outside Canada.

Simply being a Canadian citizen, permanent resident or a registered Indian under the Canadian Act does not automatically make you an eligible sponsor. You must also not be a person who:

  • has failed to pay an immigration loan, a performance bond, family support payments
  • has failed to provide for the basic needs of a previously-sponsored relative who received social assistance
  • is under a removal order
  • is in a penitentiary, jail, reformatory or prison
  • receives social assistance for a reason other than a disability
  • is still going through the process of bankruptcy
  • was sponsored by a spouse or partner and you became a permanent resident less than five years ago
  • sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident
  • has already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet
  • was convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences

Can I sponsor my Fiancé to Canada

No. Immigration, Refugees, and Citizenship Canada only allows you to sponsor your spouse (legally married). You must wait until you are married to apply for family class sponsorship.

However, if you and your partner have lived together for at least a year in a marriage-like relationship, you may be eligible under the common-law sponsorship. In order to demonstrate your common-law relationship, you need to provide items, such as shared ownership of residential property, joint leases or rental agreements, bills for shared utility accounts, and so on.

Can I be Sponsored by My Spouse

Similar to the sponsor, the person being sponsored (the principal applicant) will need to meet certain requirements to be an eligible applicant. That being said, simply having a partner or a family member who is a Canadian citizen, a permanent resident, or a registered Indian does not automatically make you an eligible principal applicant. For example, you will not qualify as a principal applicant if you possess risk to Canadian citizens and permanent residents.  The risk can be security or medical. That being said, anyone that is guilty of human right violations, does not have a clean criminal record, or has significant health problems can be an ineligible applicant.

Reasons such as, misrepresenting information on your application can also make you ineligible. The Immigration, Refugees, and Citizenship Canada is very vigilant when it comes to accessing information presented on any applications, because they do not want applicants to  misrepresent information that is directly related to decisions made under the Immigration and Refugee Protection Act (IRPA).

Last but not least, if an immigration officer detects your relationship/marriage with the sponsor is not genuine, or is a “relationship of convenience”, you will not be an eligible principal applicant, either. This means if the officer thinks your relationship/marriage to the sponsor is solely for the purpose of acquiring any status or privilege in Canada, then you are not able to apply for your permanent residence in Canada.

How do I Make Sure My Application is not Delayed or Refused

In order to make sure you have a successful application, you have to properly fill out and sign all the application form(s). As previously mentioned, misrepresenting information on your application not only can fail your application, but also can potentially make you inadmissible to Canada. As a result, you need to make sure every information you have provided is accurate. You also need include all documents listed on the Document Checklist, and all the required fees (include your receipt with your application). All these requirements may seem to be exhausting and overwhelming, and therefore, it is highly recommended you seek professional guidance prior to starting the application on your own.

Contact Akrami and Associates

Sponsoring your spouse can help your family reunite in Canada. You may also enrich your spousal by giving him/her a chance to live and prosper in a country that is culturally diverse and welcoming. Furthermore, Canada may gain productive permanent residents to help contribute to the Canadian economy. However, applying for sponsorships can be very confusing and overwhelming, as there are different types of requirements that you would need to meet. It is important for you to pay close attention to every detail during your application process. The failure to do so could result in application refusal. Ultimately, it could make you ineligible to sponsor any individual in the future, or make you inadmissible to Canada if you are the principle applicant. Therefore, it is highly recommended that you seek professional help. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients obtain permanent residency in Canada through the different types of sponsorship. If you have any questions regarding sponsorship applications, or if you would like to book a consultation with an immigration professional for more advice, please feel free to contact Akrami & Associates at 416-477-2545.

With Akrami & Associates there is always a way!!

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Email: Info@thevisa.ca

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