What is the spousal sponsorship application processing time?
Have you recently got married and like to sponsor your spouse to Canada but unsure how fast your application can be approved. The processing time depends on which visa office you are submitting your application and whether you are filing for inland or overseas application. If your spouse or partner is outside of Canada the approximate time for IRCC to determine if you are eligible to become a sponsor is 39 days. Processing time varies depending on the location of the person that is getting sponsored, which ranges from 8 to 41 months. Most visa offices process times are under 16 months. Please see chart for processing time of your visa office. The chart shows processing time for a complete application and it’s an approximate time frame which can be changed without notice and are not guaranteed.
|Algeria, Andorra, Brazil, Liechtenstein, Monaco, Tunisia||8 months|
|Albania, Morocco, Peru, Portugal, Spain||9 months|
|Belgium, France, Iran, North Korea, Ukraine||10 months|
|Australia, Israel, Kiribati, Nauru, New Zealand, Poland, Samoa, Solomon Islands, Switzerland, Tahiti, Taiwan, Tonga, Trinidad and Tobago, Turkmenistan, Tuvalu, Vanuatu||11 months|
|Greece, Holy See (Vatican City), Italy, Japan, San Marino, Syria, Turkey||12 months|
|Bosnia and Herzegovina, Bulgaria, Ivory Coast, Germany, Hong Kong, Ireland, Palestine, Philippines, Qatar, Romania, Russia, Serbia, Singapore, Sri Lanka, United Arab Emirates||13 months|
|Cameroon, China, Cuba, Egypt, Fiji, Ghana, Guyana, Kuwait, Malawi, Nepal, Nigeria, Sao Tome and Principe, South Korea, Swaziland, United Kingdom||14 months|
|15 months Pink: 17 months – most countries in the world||15 months|
|Senegal, Sweden||18 months|
|Ethiopia, India, Jamaica, Kenya||20 months|
|Iraq, Jordan||23 months|
|Congo (DRC)||25 months|
|Bangladesh, Cambodia, Uganda||26 months|
|US Virgin Islands||27 months|
|St. Vincent and the Grenadines||41 months|
What is overseas spousal sponsorship?
This document is for couples whose partner is outside of Canada and like to sponsor their partner to Canada for permanent residency. When submitting an overseas application the benefit would be faster processing time than if you file it from inside of Canada. The downside would be when your partner wants to visit you as visitor to Canada the immigration officer may refuse you entry into Canada as a visitor. This is because the officer will look for sufficient supporting documents to show your intentions to Canada are only temporarily and will exit when your visitor visa expires. So if you filed an overseas spousal application and want to visit your husband or wife you can be refused because another application is in processing for permanent residency.
What is inland spousal sponsorship?
Inland sponsorship is when the sponsor is Canadian citizen or a permanent resident of Canada and their spouse or partner is inside Canada with temporary status such as a visitor visa, study permit etc. The benefit of inland sponsorship is that you can live with your partner while your application is being processed. Another benefit to inland sponsorship is that the applicant can apply for Open Work Permit, which allows the partner to work legally in Canada while waiting for decision from citizenship and immigration Canada for their spousal sponsorship application. Unfortunately, inland sponsorship processing time is slightly longer than overseas sponsorship. Also, when you do an inland sponsorship you cannot exit the country until you get decision on your spousal application. If you do decide to exit the country most likely you will be denied entry to Canada.
How Can I Prove My Relationship?
Whether you are in a marriage, common-law or conjugal relationship, in order to have a successful sponsorship application, it is important to prove that you have a genuine relationship. You may be thinking that this is simple enough, but that is because you have knowledge of the true state of your relationship. The challenging part is convincing the visa officer.
There are three types of recognized relationships in Canada
- a marriage
- a common-law relationship
- a conjugal relationship
As all three types of relationship differ in nature, different types of documentation will need to be provided depending upon the type of relationship that you are in.
If you are married to your partner, some documents that may need to be submitted with your application include:
- your marriage certificate
- wedding photos
- wedding invitations
- shared assets (this can be mortgages or leases)
- divorce papers (if this is applicable to you)
Essentially you need to understand that your obligation is to show the visa officer that your marriage is true and legitimate.
If you are in a common-law relationship, you may show evidence in the form of
- a statutory declaration
- any documents that will show you have been living together for one year (perhaps letters addressed to you at similar addresses)
- any joint bank accounts you might have or;
- insurance policies
For this type of relationship, the obligation is to prove that you are not only in a real relationship, but that you meet the requirement of living together for twelve consecutive months, during which time, you have been in a personal and intimate relationship.
The burden of proof for conjugal relationships is showing that some sort of barrier existed that did not allow for you and your partner to live in a common-law relationship or to get married. Conjugal relationships are more challenging. Any evidence that suggests that obstacles resulted in your conjugal relationship would be beneficial to you.
It is important to understand that what separates a conjugal relationship and a common-law relationship is the mandatory condition of living together for one year, and so, your evidence should be geared towards convincing the visa officer that it was impossible to live together for one year, however at the same time, showing that the relationship is genuine.
Contact Akrami and Associates
Knowing which documents are the right documents to gather are not only difficult but also crucial to the success of your application. At Akrami & Associates, our experienced legal representatives have experience handling various types of spousal sponsorships. We will gladly assist you with the process and help ease your way through this monumental moment. Call us today for a consultation.