Spousal Sponsorship

What is the Spousal Sponsorship Program in Canada?

Spousal Sponsorship Program, a cornerstone of Canada's immigration system, can help turn that dream into reality. This program empowers Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners, paving the way for them to obtain permanent residency in Canada.

Understanding Your Relationship Status

The program recognizes three distinct types of relationships, each with specific requirements:

• Spouse: This applies to individuals who are legally married to the sponsoring Canadian citizen or permanent resident. A marriage certificate is the primary document required for this category.
• Common-Law Partner: This category applies to couples who have cohabited in a conjugal relationship for a continuous period of at least one year. Here, the focus is on demonstrating a committed and ongoing relationship. While there's no formal documentation required for common-law status, providing evidence like shared bills, joint bank accounts, or cohabitation agreements will strengthen your application.
• Conjugal Partner: This category is designed for couples who have been in a genuine and continuous relationship for at least one year but have been unable to live together or marry due to extenuating circumstances. These circumstances could include political instability, cultural barriers, or long-distance relationships. The onus is on the couple to provide compelling evidence that substantiates the relationship and the reasons preventing cohabitation or marriage.

Choosing Your Sponsorship Path: Outland or Inland?

The Spousal Sponsorship Program offers two main application streams to cater to different situations:

1. Family Class (Outland) Sponsorship: This stream is ideal if your spouse or common-law partner resides outside of Canada. Even if you're currently in Canada, you can utilize this option if you don't intend to remain here throughout the application process. While this stream allows for some flexibility on your end, it can pose a challenge in terms of being physically separated from your partner during processing. However, your partner can apply for a temporary visa to visit Canada while the sponsorship application is underway.
2. In-Canada Sponsorship: This stream is suitable if you and your spouse or common-law partner are already residing in Canada, and your partner holds a valid immigration status. A significant advantage of this option is the ability for your partner to apply for an open work permit, allowing them to work legally in Canada while awaiting the sponsorship decision. This stream also offers a pathway for some individuals who are out of status in Canada to regularize their immigration status while their sponsorship application is being processed. However, it's important to note that your partner should generally avoid traveling outside Canada during the application process.

Financial Eligibility: A Key Consideration

To sponsor your spouse or partner, you must demonstrate the financial capacity to support their basic needs for a period of three years after their arrival in Canada. This includes providing proof of income and employment, or financial assets that would adequately cover their living expenses.

Ø Sponsorship Application Documents

The documents you need to submit for a spousal sponsorship application will vary depending on whether you're sponsoring a spouse, common-law partner, or conjugal partner. Here's a breakdown of the essentials:

Common Documents for All Relationships:

• Completed application forms: Ensure all forms are filled out accurately and completely.
• Proof of your Canadian status: Provide documents that confirm your citizenship or permanent resident status.
• Identity documents: Valid passports or other government-issued identification for both you and your spouse/partner.
• Proof of fees payment: You'll need to pay the applicable government fees associated with the application process.
• Digital photos: Recent digital photographs of yourself and your spouse/partner
• Relationship Information and Sponsorship Evaluation questionnaire: This helps immigration officers understand the nature of your relationship.

Additional Documents for Spouses:

• Marriage certificate: A certified copy of your marriage certificate is essential.

Additional Documents for Common-Law Partners (proof of cohabitation and genuine relationship):

• Birth certificates or adoption records: For any children you and your partner have together.
• Photos: Pictures depicting you and your partner together throughout your relationship.
• Cohabitation evidence: Documents demonstrating you've lived together for at least one year. Examples include:
• Shared bills (utilities, rent)
• Lease agreements with both names
• Joint bank accounts
• Government-issued IDs with the same address
• Financial ties: Evidence of shared expenses or financial support for each other.
• Relationship recognition: Letters, emails, or social media posts from friends and family attesting to your relationship.

Additional Documents for Conjugal Partners (proof of genuine relationship and extenuating circumstances):

• Proof of shared residence (if applicable): Documents that show you live together, if possible.
• Financial support evidence: Documentation of joint financial arrangements or economic support for each other.
• Relationship recognition: Letters, emails, or social media posts from friends and family that acknowledge your relationship.
• Documentation of extenuating circumstances: Evidence explaining why you haven't been able to live together or marry (e.g., medical reasons, political instability).

Tips:

• Provide strong evidence: The more proof you can provide, the stronger your application.
• Be creative: If you can't find a specific document, consider alternatives that demonstrate your relationship.
• Letters of explanation: Consider including letters explaining your situation or sworn declarations from friends/family supporting your common-law status.

Contact Visa Nexa for Immigration Assistance

Need Canadian immigration assistance for Sponsoring your Spouse or Common-Law Partner? Visa Nexa Inc. is here to help. We can assess your eligibility and submit your application to the Canadian government. With over 10 years of expertise, Visa Nexa in Mississauga, Ontario has been helping clients achieve their dream of becoming Canadians. Our head offices are in Delhi (VISAWALK) and Chandigarh (The Mentors). Reach out to us today and take the first step toward your new life in Canada!

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