Spousal Sponsorship

416-477-2545

info@TheVisa.ca.ca

If you are a citizen or permanent resident of Canada, you are eligible to sponsor your spouse,
common-law/conjugal partner, or dependent children. The definition of a “Dependent Child” is:

  • Any child that is under the age of 19 and does not have a spouse or a common-law partner; or
  • Any child who is 19 years of age or older who has largely depended on a parent financially since before the age of 18 because of a physical or mental disability

The difference between common-law partner and conjugal partner is:

  • Common-law Partner – a common-law relationship is when you and your partner have been living together continuously for at least one year.
  • Conjugal Partner – a conjugal relationship is when you and the person you are in a relationship with have been unable to live with each other for at least one year in a marriage-like relationship, or haven’t been able to marry, because you are living in separate countries and there is an immigration barrier.

As a common-law relationship, you will need to prove that you and your partner have combined affairs and set up a household together. The proof can come in the form of:

  • Joint bank accounts or credit cards
  • Joint ownership of a home
  • Joint residential leases
  • Joint rental receipts
  • Joint registration or payment of utilities
  • Joint management of household expenses
  • Joint purchases, especially of household items
  • Mail addressed to either person or both people at the same address

As a conjugal relationship, you will not be able to apply if:

  • You could have lived together but you chose not to – this shows that you don’t have the right level of commitment needed for a conjugal relationship
  • You cannot prove that there was a reason that kept you from living together
  • You are engaged to be married (apply for spousal sponsorship after you get married, or apply as a common-law partnership)

You cannot sponsor a spouse or a common-law/conjugal partner if:

  • They are under 16 years of age
  • The both of you were married to other people at the time of your marriage
  • They have lived from their sponsor for at least a year, and/or one of you is the common-law/conjugal partner or somebody else
  • The sponsor applied for permanent residence, but did not put you on the application as someone who should be medically examined
  • Five years have not passed since your sponsor’s last sponsorship

You can sponsor a spouse, common-law/conjugal partner, or dependent children only if you are 18 years of age or older, and if you are a Canadian citizen or a permanent resident of Canada. You have to meet certain sponsor guidelines to financially support the sponsored relatives. To sponsor a family member to come to Canada, you must prove that you can meet basic needs for you and your family, support your relative[s] financially, and make sure that family member does not ask for financial aid from the government. In order to sponsor your family member, they need to have medical, criminal, and background checks. If they have a criminal record or are a risk to Canadian security, they may not be allowed to enter Canada.

There is a five-year sponsorship bar that applies for people who were sponsored – they cannot sponsor anyone until the five years are over. This rule applies even if the person got their Canadian citizenship within those five years.

The sponsorship bar stops being who were convicted of certain crimes from sponsoring a certain family member. Relatives that the sponsor bar may apply to are:

  • Your current or ex-spouse/partner and/or their children
  • Your children
  • Your parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin
  • The parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin of your current or ex-spouse/partner and/or their children
  • Your child’s spouse, partner or children
  • Your spouse’s, partner’s, or child’s ex-spouse or ex-partner and children
  • Your partner’s parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin
  • The current or ex-spouse/partner (and their children) of any of the above
  • A foster child who is or was cared for by
  1. You
  2. Your current or ex-spouse/partner or their children
  3. Your parent/grandparent, child/grandchild, sibling, niece/nephew, or cousin
  4. The current or ex-spouse/partner (and their children) of any of the above
  • Your current ex-boyfriend/girlfriend, their spouse or common-law partner, and their dependent children

One may not be eligible to be a sponsor if they:

  • Did not meet the terms of a sponsorship agreement in the past
  • Did not pay alimony or child support even though a court ordered it
  • Got government financial help for reasons other than being disabled
  • Were convicted of
  1. o An offence of a sexual nature
  2. o A violent crime
  3. o An offence against a relative that resulted in bodily harm
  4. o An attempt or threat to commit any such offences, depending on the details of the case, such as
  •           The type of offence
  •          How long ago it occurred
  •          Whether a record suspension was issued
  • Were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago
  • Did not pay back an immigration loan, made late payments, or missed payments
  • Are in prison
  • Have declared bankruptcy and have not been released from it yet

If you are looking at sponsoring your family member, give us a call. We are here to help! At Akrami & Associates, there is Always a Way!