Spousal & Family Sponsorship in Canada

Spousal and family sponsorship is an essential immigration pathway for Canadian citizens and permanent residents who wish to reunite with their loved ones. This process allows eligible sponsors to bring their spouses, common-law partners, conjugal partners, dependent children, parents, grandparents, and other relatives to Canada, enabling them to live, work, and study in the country.

The program reflects Canada's commitment to keeping families together and promoting family reunification.

Who Can Be Sponsored?

You can sponsor your spouse or common-law partner if they are living outside Canada and meet certain eligibility criteria. Common-law partners include individuals who have lived together in a conjugal relationship for at least one year, even if they are not legally married.

Eligibility Criteria

Before embarking on the sponsorship journey, it is crucial to understand the eligibility criteria for both sponsors and sponsored individuals:

Eligibility Criteria for Sponsors

Canadian Citizenship or Permanent Residency: To sponsor your spouse or common-law partner, you must be a Canadian citizen or a permanent resident living in Canada. Temporary residents and refugees are not eligible to be sponsors.

Age Requirement : You must be at least 18 years old to sponsor a spouse or partner to Canada.

Demonstrate Financial Ability : Sponsors must demonstrate that they can provide financial support to their sponsored spouse or partner. This ensures that the sponsored individual will not need to rely on government assistance.

No Outstanding Sponsorship Obligations : If you have previously sponsored a spouse or partner for immigration to Canada and are still financially responsible for that individual, you will not be eligible to sponsor another spouse or partner until those obligations are met.

Not in Prison or Bankrupt : Sponsors must not be in prison, bankrupt, or receiving government assistance (except for disability-related assistance) at the time of the sponsorship application.

No Criminal Record : Sponsors with a criminal record may not be eligible to sponsor a spouse or partner, depending on the nature and severity of the offense. Immigration authorities will assess your criminal record as part of the application process.

Not in Default of Previous Sponsorship Undertakings : If you have previously signed a sponsorship undertaking for another person, you must not be in default of those obligations. Defaulting on sponsorship undertakings can affect your eligibility to sponsor in the future.

Eligibility Criteria for Sponsored Spouses or Partners

Relationship Status : The sponsored individual must be legally married to the Canadian sponsor or in a genuine and continuous common-law relationship for at least one year. Common-law relationships require proof of cohabitation.

Age Requirement : There is no specific age requirement for sponsored spouses or partners, but they must meet admissibility requirements, including health and security checks.

Admissibility : Sponsored spouses or partners must pass medical, security, and criminal checks to be deemed admissible to Canada.

Previous Sponsorship : If the sponsored individual was previously sponsored as a spouse or partner and became a permanent resident less than five years ago, they must wait until the five-year mark from their landing date before sponsoring their own spouse or partner.

Genuine Relationship : Immigration authorities will assess the genuineness of the relationship to ensure it is not a marriage of convenience or fraudulently entered into for immigration purposes.

Sponsorship Categories

Spousal Sponsorship
Canadian citizens and permanent residents can sponsor their legally married spouses for immigration to Canada.

Common-Law Partner Sponsorship
If you are in a committed relationship and have lived together for at least one year without being legally married, you may be eligible to sponsor your common-law partner.

Conjugal Partner Sponsorship
In exceptional cases where marriage and cohabitation are not possible due to circumstances beyond your control, conjugal partner sponsorship provides an option for sponsorship.

The Spousal Sponsorship Process

Sponsoring your spouse or common-law partner to come to Canada involves several steps. It's essential to understand the process thoroughly and ensure you meet all requirements before proceeding.

Step 1: Determine Your Eligibility
Before you begin the sponsorship process, you must verify that you meet the eligibility criteria as a sponsor. These criteria include being a Canadian citizen, a permanent resident, or a registered Indian under the Canadian Indian Act. You must also be at least 18 years old and not be in prison, bankrupt, or under a removal order.

Step 2: Ensure Your Spouse or Partner Is Eligible
Your spouse or common-law partner must also meet certain eligibility criteria to be sponsored. They must not have a criminal record, be in good health, and be able to provide police clearance certificates from all countries they have lived in for six or more consecutive months since the age of 18.

Step 3: Prepare Your Application
To sponsor your spouse or partner, you'll need to complete the appropriate application package. This includes the sponsorship application and the permanent residence application for your spouse or partner. Ensure you gather all required documents, such as birth certificates, marriage certificates, and proof of your relationship.

Step 4: Submit Your Application
Once your application is complete, you'll need to submit it to Immigration, Refugees, and Citizenship Canada (IRCC). The processing time can vary, so it's essential to check the current processing times on the IRCC website.

Step 5: Wait for a Decision
After submitting your application, you'll need to wait for a decision. IRCC will assess your application and may request additional documents or information during this period.

Step 6: Medical and Criminal Checks
Your spouse or partner will be required to undergo a medical examination and provide police clearance certificates. These checks are essential to ensure admissibility to Canada.

Step 7: Interview
In some cases, an interview may be required for both the sponsor and the sponsored spouse or partner. This is to assess the genuineness of the relationship.

Step 8: Receive a Decision
Once IRCC has completed their assessment, you will receive a decision on the sponsorship application. If approved, your spouse or partner will be issued a permanent resident visa, allowing them to come to Canada.

Required Documents

Sponsorship applications require a thorough documentation process. Here, we detail the documents sponsors and sponsored individuals must provide to support their applications.

Sponsor's Documents
These are the documents and information required from the sponsor, including proof of Canadian citizenship or permanent residency, financial documents, and more.

Sponsored Person's Documents
Sponsored individuals also need to submit specific documents, such as their passports, birth certificates, and immigration medical examinations.

Relationship Evidence
Proving the authenticity of the relationship is essential. Learn how to compile evidence of your genuine relationship, including photos, letters, and other forms of proof.

Financial Responsibilities of the Sponsor
Understand the financial obligations that come with sponsorship, including the requirement to financially support the sponsored person for a specified period.

Processing Times

As of the last update in September 2021, here are the approximate processing times for spousal sponsorship applications:
Inland Sponsorship : Approximately 12 to 18 months
Outland Sponsorship : Approximately 12 to 26 months

Please note that these times can change, so it's essential to check the most up-to-date information on the official IRCC website or consult with an immigration professional.

Tips for Reducing Processing Times

While processing times are not entirely within your control, you can take certain steps to potentially expedite your application:

• Ensure your application is complete and error-free.
• Submit all required supporting documents.
• Respond promptly to any requests for additional information.
• Keep your contact information up-to-date with IRCC.
• Consult with an immigration lawyer or consultant for guidance.

Family Sponsorship

Sponsorship Categories

Apart from spousal and partner sponsorship, Canada offers opportunities to sponsor other family members, such as dependent children, parents, grandparents, and relatives.

Sponsorship of Dependent Children
Canadian citizens and permanent residents can sponsor their dependent children to come to Canada. Dependent children can include biological or adopted children under the age of 22 who are not married or in a common-law relationship.

In certain circumstances, children over the age of 22 may still be eligible if they have depended on their parents for financial support due to a disability.

Sponsorship of Parents and Grandparents
Canadian citizens and permanent residents can sponsor their parents and grandparents to join them in Canada. To be eligible, the sponsored parents or grandparents must pass medical, criminal, and background checks.

Sponsors must meet specific financial requirements, demonstrating their ability to financially support the sponsored relatives without relying on social assistance. They must also sign a sponsorship agreement, committing to providing financial support for a specific period.

Other Relative Sponsorship
Apart from dependent children, parents, and grandparents, Canadian citizens and permanent residents may also sponsor other eligible relatives, such as brothers, sisters, nieces, nephews, or grandchildren, under certain conditions. The eligibility criteria may vary depending on the specific relationship and circumstances.

Takeaway

Family sponsorship in Canada is a vital avenue for reuniting families and allowing them to build a new life together in this diverse and welcoming country. Each category of family sponsorship comes with its unique eligibility criteria and application process, so it's crucial to thoroughly understand the requirements before starting the sponsorship process. For more information and guidance on family sponsorship, please consult us or seek advice from our immigration professionals.