Spousal
And Common-law Partner Sponsorship
The objective of the Family Class of immigration is to reunite
close family members in Canada.
The Family Class
allows Canadian citizens and permanent residents to sponsor their dependent
children, parents and grandparents, and spouse or common-law/conjugal
partner. Canada strongly supports keeping families together whenever
possible. As such, the processing of Family Class applications is given the
highest priority at Canadian Visa Offices.
The Spousal Sponsorship Category
The Spousal
Sponsorship program is a subsection of the Family Class immigration category.
Under this program, a Canadian citizen or permanent resident may sponsor a
spouse or common-law partner for Canadian permanent residence.
Both the Canadian
citizen or permanent resident (also called the ‘sponsor’) and the foreign
national (the ‘sponsored person’) must be approved by Immigration, Refugees and
Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.
In order to receive a
visa through this immigration program, the sponsor and sponsored person must
prove that their relationship qualifies under one of three categories:
- Spouse
- Common-law Partner
- Conjugal Partner
NOTE: Canada
recognizes same-sex marriage, and same-sex partners may be eligible to apply
under any of the above three categories, provided they meet all eligibility
requirements.
Outland Sponsorship
An Outland application
is generally pursued when the sponsored partner is living outside of Canada.
However, Outland applicants can still be in Canada and apply through the
Outland program, and may be permitted to travel in and out of Canada throughout
the application process. Outland applications are processed through the visa
office that serves the applicant’s country of origin, or where they have
resided legally for at least one year.
Inland Sponsorship
The other potential option for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing him or her to work for any employer in Canada while the sponsorship application is being processed.
After Sponsorship
Permanent residence
granted under the Spousal Sponsorship program carries certain conditions that
must be met:
- The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
- Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian permanent residence.
- A two-year “legitimate relationship” regulation applies to spouses/partners who have been in a relationship for two years or less and who have no children in common at the time of application submission. Once in Canada, the sponsored person must live with their spouse/partner in a “legitimate relationship” for two years or face the possibility of having their permanent residency revoked. Exceptions will be made for sponsored spouses or partners who are suffering from abuse or neglect.
Outland
Spousal/Common-Law Partner Sponsorship
This sponsorship program allows a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status, regardless of where the spouse is currently residing.
The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian or permanent resident may sponsor his or her spouse/common-law partner for permanent resident status in Canada. Both the Canadian citizen or permanent resident (the sponsor) and the foreign national (the sponsored person) must be approved by Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) in order for the sponsored person to receive a visa.
There are two parts to
the spousal sponsorship application:
- The Canadian or permanent resident applies to sponsor his
or her spouse or common-law partner; and
- The spouse or common-law partner applies for permanent
residence.
The Outland
sponsorship route is generally chosen when the sponsored person is
living outside Canada. However, it is possible for a spouse/common-law partner
living in Canada to apply through the Outland program. This option may permit
the sponsored person to travel in and out of Canada throughout the application
process. In such an instance, however, it is at the discretion of Canadian
immigration authorities as to whether the sponsored person may re-enter Canada
during the process. Additionally, it is at their discretion as to whether the
application may continue to be processed if the sponsored person leaves Canada
at any point throughout the application process.
Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year. Processing times are listed by individual countries where the application is being made, which allows couples to make better informed decisions on which sponsorship route, Inland or Outland, they should pursue.
In cases of spousal
and common-law partner sponsorships, IRCC is committed to issuing visas as
quickly as possible in order to rapidly reunite families. IRCC aims to
process applications submitted through this program within 12 months.
Regardless of the sponsorship path chosen, both the sponsor and the sponsored person must meet a number of specific requirements in order to be considered eligible.
Inland
Spousal/Common-Law Partner Sponsorship
The Inland Spousal/Common-Law Partner Sponsorship program allows
a Canadian citizen or permanent resident to sponsor his or her
spouse/common-law partner for permanent resident status if the couple is
already living together in Canada.
The Spousal Sponsorship program is a subsection of the Family
Class immigration category, under which a Canadian or permanent resident may sponsor
his or her spouse/common-law partner for Canadian permanent
residence. Both the Canadian citizen or permanent resident (also called
the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be
approved by Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC)
in order for the sponsored person to receive a visa.
There are two parts to
the spousal sponsorship application:
- The Canadian or permanent resident applies to sponsor his
or her spouse or common-law partner; and
- The spouse or common-law partner applies for permanent
residence.
Under the Inland
sponsorship category, the foreign spouse/common-law partner must have valid
temporary status in Canada, either as a worker, student, or visitor. If the
sponsored person already has a work or study permit, he or she may continue to
work or study as long as the permit is valid, however it is important to note
that working and studying in Canada without valid status are illegal and may
result in serious consequences for the sponsored person.
In contrast
to Outland applications (where the spouse is residing outside
Canada), the person being sponsored through the Inland route may be eligible
for an Open Work Permit while his or her application is being processed. This
program can help to mitigate the consequences of a long application process
by enabling the sponsored person to work for a Canadian employer, without first
having a confirmed offer of employment. Applicants who would like to obtain an
open work permit should apply for one at the same time that they apply for
permanent residence. However, IRCC states that if a sponsored spouse or
common-law partner has not submitted an application for an open work permit at
the same time as their permanent residence application, he or she may still
submit an application for an open work permit at a later time.
If IRCC requires an
interview, the sponsored person will be notified, in writing, of the date, time
and location of the interview, and of the documents he or she must bring.
In the event that a
sponsored person’s application is refused, he or she is required to leave
Canada immediately at the end of his or her period of temporary stay.
Additionally, if the sponsored person leaves Canada at any point while the
application is being processed, there is no guarantee that he or she will be
allowed to re-enter Canada, especially if he or she requires a visitor
visa. IRCC aims to process applications submitted through this program
within 12 months.
Regardless of the
sponsorship path chosen, both the sponsor and the sponsored person must meet a
number of specific requirements in order to be considered eligible.
amily
Class: Specific Requirements
Through the Family Class category of Canadian immigration,
Canadian citizens and permanent residents may sponsor close family members for
Canadian immigration.
In order for a Family
Class application to be successful, both the sponsor in Canada and their
sponsored family member must meet immigration requirements. These requirements
differ depending under which program the application is submitted.
Spouse or Common Law Partner Sponsorship
Requirements for the
Sponsor:
- The sponsor must be at least 18 years of age;
- The sponsor must be a Canadian permanent resident living in
Canada or a Canadian citizen;
- The sponsor cannot be in prison, bankrupt, under a removal order
(if a permanent resident) or charged with a serious offence; and
- The sponsor cannot have been sponsored to Canada as a spouse
within the last 5 years.
Requirements for the
Sponsored Person:
- The sponsored person must be at least 16 years of age and
- The sponsored person must not be too closely related by blood to
the sponsor.
Requirements for the
nature of the relationship:
The applicant must
prove that the relationship between the sponsor and the sponsored person
qualifies under one of three categories:
- Spouse: This means that
the Sponsor and the Sponsored Person are legally married. For those married
within Canada, a Certificate of Marriage from the province or territory where
the marriage took place will show that the marriage is valid. Note that
same-sex marriages performed within Canada are valid for spousal sponsorship.
If the marriage took place outside of Canada, it must be valid under the law of
the country where it took place as well as under Canadian federal law. Same-sex
marriages that took place outside of Canada are not valid for spousal
sponsorship, but an application can be made under either the common-law partner
or conjugal partner categories if such a relationship can be proven.
- Common-law partner: In order to establish a common-law relationship, the
Sponsor and the Sponsored Person must cohabit continuously for at least one
year, excluding brief absences for business or family reasons.
- Conjugal partner: Conjugal partners can be of either opposite-sex or
same-sex. A sponsored person is defined as conjugal partner if:
- Exceptional
circumstances beyond their control have prevented the applicants from qualifying
as common-law partners or spouses, such as immigration barriers or legal
restrictions limiting divorce or same-sex relationships; and
- The applicants have
had a mutually dependent relationship for at least one year with the same level
of commitment as a marriage or a common-law union. This can require a
demonstration of emotional ties and intimacy, financial closeness, such as
joint ownership of assets or mutual financial support, and efforts to spend
time together and reunite.
Parent and Grandparent Family Class Sponsorship
Requirements for the
Sponsor:
- The sponsor and their relative must sign a sponsorship agreement that commits the sponsor to provide financial support to their relative, if necessary. If sponsoring a person coming to the Province of Quebec, an “undertaking” with the Province must be signed.
- The sponsor must promise to provide financial support for the relative and any other eligible relatives accompanying them for a period of 20 years. The time period begins the day the parent or grandparent becomes a permanent resident.
- The sponsor must meet the minimum income threshold for this program.
Requirements for the
Sponsored Person:
- The sponsored person must be the parent(s) or grandparent(s) of
the sponsor.
Parent and Grandparent Super Visa Sponsorship
Requirements for the
Sponsor:
- The sponsor must be the child or grandchild of the sponsored
person;
- The sponsor must provide a written commitment of financial
support; and
- The sponsor must meet the minimum income threshold for this program.
Requirements for the
Sponsored Person:
- The sponsored person must be the parent or grandparent of the
sponsor;
- The sponsored person must be admissible to Canada as a visitor;
- The sponsored person must prove that he or she has bought
Canadian medical insurance coverage for at least one year; and
- The sponsored person must undergo an Immigration Medical
Examination.
Dependent Child Sponsorship
Requirements for the
Sponsor:
- The sponsor must be 18 years of age;
- The sponsor must be a Canadian permanent resident living in
Canada or a Canadian citizen; and
- The sponsor cannot be in prison, bankrupt, under a removal order
(if a permanent resident) or charged with a serious offence.
Requirements for the
Sponsored Person:
- The sponsored person must be in one of the following situations
of dependency:
- Less than 19 years of
age and not a spouse or common-law partner; or
- Has been an ongoing
full-time student since before the age of 19 and has depended substantially on
the financial support of the parent since that time; or
- Is 19 years of age or
older and meets the following:
- Became a spouse or
partner before the age of 19;
- Has been an ongoing
full-time student since before the age of 19; and
- Has depended
substantially on the financial support of the parent since they became a spouse
or partner; or
- Is 19 years of age or older and has depended substantially on
the financial support of the parent since before the age of 19 and is unable to
be financially self-supporting due to a physical or mental condition.
Requirements for
nature of the relationship:
- The Sponsored Person must be either:
- The biological child
of the parent if the child has not been adopted by a person other than the
spouse or common law partner; or
- The adopted child of
the parent.
Parent
And Grandparent Sponsorship
Canadian citizens and permanent residents may bring their parents and grandparents to Canada through one of two popular programs: Family Class sponsorship and/or the Super Visa program.
NOTE: The application
process for the Parent and Grandparent Program (PGP) has changed for the
۲۰۱۷ application cycle. Please see below for details.
Parent and Grandparent Program (PGP) Changes for 2017
Canadian citizens and
permanent residents who want to apply as sponsors were required to first complete
an online form on the Immigration, Refugees and Citizenship Canada (IRCC)
website, to indicate their interest in applying to sponsor their parent(s) or
grandparent(s). The online form was available from January 3, 2017, at 12
p.m. Eastern Standard Time (EST), to February 2, 2017, at 12 p.m. EST.
Immigration, Refugees
and Citizenship Canada (IRCC) randomly invited 10,000 individuals to complete
and submit an application to the PGP. Candidates who were invited to apply
have 90 days to submit a complete application and all supporting documents.
About the PGP
The Family Class sponsorship program includes a stream for parent(s) and grandparent(s) of Canadian citizens and permanent residents. Successful parent(s) and grandparent(s) under this program will receive Canadian permanent residence and may be able to apply for Canadian Citizenship four years thereafter. To be eligible for Family Class sponsorship, the sponsor in Canada must meet the following requirements:
- The sponsor must be a Canadian citizen or permanent resident;
- The sponsor must be 18 years of age or older;
- The sponsor must exceed the minimum necessary income level for this program (if married or in a common-law relationship, the income of both can be included);
- The sponsor must sign an undertaking to repay any provincial social assistance benefits paid to the sponsor and accompanying family member(s), if any, for a period of 20 years, if necessary; and
- If the sponsor resides in Quebec, an additional “undertaking” must be signed.
Sponsors will have to
prove that they meet the minimum income requirements by submitting notices of
assessment issued by the Canadian Revenue Agency (CRA) in support of their
sponsorship and they must also demonstrate they have met the minimum necessary
income level for three consecutive years.
