Immigration Law Firm. Spousal Sponsorship 2023

Canadian Spousal Sponsorship Application

If you are looking to sponsor your spouse in Canada you have come to the right place. We have many years of experience in bringing together spouses, common-law and conjugal partners.

In this video, we outline the main differences between filing an inland versus overseas application. For additional information on spousal, common law or conjugal sponsorship, please browse our site. You will find very useful information with regards to sponsoring your spouse to Canada.

Contact us today and let us help you get started and start a wonderful life together in Canada with your husband or wife..

We ensure that once you hire Akrami & Associates Immigration Law Firm that your matter is handled by a competent and experience immigration lawyer or Immigration Consultant. You will have a dedicated team assigned to your file. You can call us, email us or drop by anytime and we will respond to all your questions within 24-48 hours. That is our promise to you. Being responsive is key to the success of your application.

Who is considered a spouse?

To be eligible to sponsor your spouse (husband or wife) you need to have a marriage certificate issued by the province or territory where you got married if the marriage took place in Canada. If your marriage took place outside of Canada, your marriage has to be legally recognized in that country and under the Canadian law. Also, you have to keep in mind just because you have marriage certificate does not mean your relationship is genuine. Proving genuineness in a sponsorship application is very important, so if you cannot prove your relationship is genuine your application can be refused even with your marriage certificate.

Who is considered a Common-Law Partner?

Common-law partners are partners that have lived together in a conjugal type relationship for 12 months consecutively. You and your partner can be separate for short periods of time for family emergencies, vacation, business meetings as long as you can provide proof. As common-law partners you need to prove that you have been living together and that your share responsibilities together such utilities, banks, paying bills, sharing property, phone bills etc. Common-law partners can be of the same or opposite sex and same rules apply.

Who is considered a Conjugal Partner?

Conjugal partners are partners that are unable to live together due to special circumstances that is beyond their control. These circumstances include immigration barriers, their marital status (married to someone and their country does not allow divorce such as Philippines), their sexual orientation etc. For a conjugal sponsorship application to be successful you must prove that you have attempted every possible way of living together but due to the circumstances was unable to do so.

Difference between Inland versus Overseas Applications

Even though inland and overseas applications have been combined as one application the requirements have not changed within the application. The only difference is everyone uses the same application when sponsoring a spouse, common-law or conjugal partner to Canada rather than separate applications. So when submitting an inland application the applicant lives in Canada with their spouse or partner before and during the application process. To be eligible to apply for inland application the spouse must have legal status in Canada with either a visa or permit. You can also be without status such expired visitor visa as long as the applicant has no removal order. With an inland application your spouse cannot exit Canada when an application is in processing because it can get potentially refused when re-entering Canada. Overseas application on the other hand is when the applicant lives in a different country, processing times used to be slightly faster when submitting an application from abroad but since the change on December 15, 2016 processing times are the same for inland and overseas applications. Also, the benefit is that applicant has the right to appeal should they receive a negative decision on the application. If the applicant is inside of Canada they can still use an overseas application to process the application.

Sponsor Eligibility

Before sponsoring your spouse or partner to become a permanent resident, there are certain conditions that must be met. If you fail to meet any of the following conditions then you will be unable to act as a sponsor for your spouse or partner:

• You must be a Canadian citizen or permanent resident.
• You must be at least 18 years old.
• You will be required to reside in Canada.
  • If you sponsor your spouse or partner and are not currently living in Canada, you will be required to provide proof that you intend to return once his or her permanent residence is approved. Once an application is approved, the sponsor will need to return to Canada.
• he sponsor and the applicant must sign an agreement that verifies each person understands his or her mutual obligations and responsibilities.
• he sponsor must sign an undertaking promise to provide support for his or her spouse or partner’s basic requirements as well as those of his or her dependent children. This undertaking is to ensure that your spouse / partner and dependent children don’t have to apply for social assistance. Basic requirements that are covered by this sponsorship undertaking are:
  • Food
  • Shelter
  • Clothing
  • Utilities
  • Household supplies
  • Personal requirements
  • Eye and dental care (not covered by Canadian public health)

When applying to sponsor a spouse, common-law or conjugal partner, there are no specific financial requirements that have to be met. However, the sponsor is still required to fill out a sponsorship evaluation and to provide documents that show income from the previous tax year as well as current employment.

What defines a Common-Law or Conjugal Partner?

Common-Law Partner

An applicant qualifies as a common-law partner if:

• They are of the opposite or same sex.
• They have lived with their sponsoring partner in a conjugal relationship for a period of at least one year.
  • This can be proven by supporting documentation such as shared leases, utility bills, bank accounts, etc.

Despite not being married, the common-law couple exists in a married-like relationship and are living together.

Conjugal Partner

The conjugal partner category allows for more flexibility in meeting the definition of a married-like relationship. This category is for applicants who would ordinarily apply as either a common-law partner or spouse, but are unable to due to their circumstances.

For example, a couple may wish to apply as common-law partners but they were unable to live together for the qualifying period of one year. In this case they would apply under the conjugal partner class and have to provide valid reasons as to why they were unable to live together.

The same rationale applies for a couple who would normally apply under the spousal class but were unable to get married. They could apply under the conjugal partner class as well and provide valid reasons as to why they were unable to get married.

Some typical reasons why couples were unable to live together or get married are:

• Sexual orientation (there may be cultural barriers in place depending on the culture)
• Immigration barriers (the couple was unable to maintain a valid visa in order to live together)
• Marital status (there may be cultural barriers or laws that prohibit the marriage or a divorce from a previous relationship)

These reasons should be largely out of the sponsor’s or applicant’s control. For example, if a couple chose not to live together due to having jobs in different countries, this would not qualify as a valid reason.

Canadian Spousal Sponsorship Process

The sponsorship process begins when you submit your application to Citizenship and Immigration Canada for spousal sponsorship. A complete application package will contain all of the necessary forms and supporting documentation required in order to assist the immigration officer in reaching a decision. Information guides and applications can be found on the Citizenship and Immigration Canada website.

In addition to submitting the paperwork, every spousal, common-law or conjugal partner application must have proof that the government fees have been paid. If the related fees are not paid, the application cannot be processed.

Once the sponsorship application has been approved and the applicant is offered a permanent resident visa, he or she must come to Canada before the visa expires. In addition, you may be requested to pay the Right of Permanent Residence Fee if you have not already done so.

Spousal Sponsorship Conditions

Recently, Citizenship and Immigration Canada has introduced new measures to combat marriages of convenience. There have been many documented cases of applicants receiving permanent residence by entering into a non-genuine relationship. The temptation can be great to abuse the immigration system in this way, as a successful applicant has access to Canadian social services and other benefits that come with permanent residency. In some cases, a Canadian sponsor will accept some form of payment for participating in a false spousal, common-law or conjugal partner application.

To combat marriages of convenience, 2 conditions have recently been introduced: 5 year ban on spousal and partner sponsorships and conditional permanent residence. These will be discussed in more detail below.

5 Year Ban on Spousal and Partner Sponsorships in Canada

Once an applicant has been successfully sponsored by their spouse, common-law or conjugal partner, he or she will receive permanent resident status upon arrival in Canada. Once in Canada, a 5 year period begins in which the sponsored applicant cannot sponsor a new spouse or partner.

For example, let’s say Jane is sponsored by her common-law partner to come and live with him in Canada. Shortly after receiving her permanent residence and arriving in Canada, the couple begins to have difficulties. 3 years later they break up and move into separate apartments. Jane still remains a permanent resident. However, if she meets someone new and decides to sponsor them, she will have to wait another 2 years to do so.

This condition only applies to spousal, common-law or conjugal sponsorships. Sponsoring another member of the family class (for example, a parent) would be allowed regardless of the 5 year ban.

Conditional Permanent Residence for Sponsored Spouses, Common-Law or Conjugal Partners in Canada

As of October 25, 2012, all new spousal or partner sponsorships are subject to the new conditions introduced under Conditional Permanent Residence. Basically, this applies to you if your relationship is less than 2 year and you don’t have children in common with your sponsor.

Permanent residency is granted to these applicants with the condition that they must live together for 2 years from the day he or she receives permanent residence. After the 2 year period, the relationship will be re-evaluated for its legitimacy. During the 2 year period, a sponsored person under conditional permanent residence has all the same benefits that a regular Canadian permanent resident has.

Citizenship and Immigration Canada defines living together or “cohabitation” as two people who share one dwelling and have combined their affairs together. Naturally there are exceptions made for short periods of time spent apart for work, vacations, etc. Ultimately the couple must have spent the majority of a 2 year period living together.

Sponsoring a spouse, common-law or conjugal partner for Canadian permanent residence is a complex process which requires attention to detail and patience. If you are considering sponsoring, allow our legal team to assist you in putting together the best application possible. Our experienced team of Canadian immigration lawyers and consultants are ready to help!

Who is Eligible for Family Class Sponsorship?

The family class sponsorship application of Canada is available if you are a Canadian citizen or a permanent resident living in Canada, and you want to sponsor close family members living abroad, including:

• His or her spouse
• Common-law partner
• Conjugal partner
• Dependent child
• Adopted children
• Parents
• Grandparents

When sponsoring your loved ones do not take the chance of making a mistake which will cause months of delay. Hire a professional with years of experience, calls us today!

Akrami & Associates Can Assist You with Your Spousal Sponsorship Application

Akrami & Associates can definitely help you with this process. At Akrami & Associates, we have dealt with many different immigration matters, including Spousal Sponsorship applications. We have duly assisted our clients who have established themselves in Canada and cannot imagine returning to their home country due to the extensive hardship they would endure if they were to return. We will help our clients compile their information and documentation to draft a strong application for the best chances of a successful application. Additionally, it is extremely important that you take into consideration the aforementioned information prior to submitting your Spousal Sponsorship application. If you would like to apply for a Spousal Sponsorship for permanent residency in Canada, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!