Spousal sponsorship refers to bringing a married partner to Canada because the word spouse connotes a marital relationship. Marriage is regarded as a marriage under Canadian immigration law if it occurred in a jurisdiction where it was legal to do so or if Canadian law recognizes it as such.
The applicant must be at least 18 years old and present proof of the validity of the relationship in order to sponsor her spouse for immigration to Canada. Spousal sponsorship in Canada falls under the heading of "Family Sponsorships" Such applications consist of two parts: the first is an application to become a sponsor, and the second is an application for the spouse's permanent residence. The application package for both must be submitted at the same time. The application is traceable and needs to be updated whenever anything changes. If the application is complete, the final approval process could take up to several months.
The sponsor must be certain that they are qualified to sponsor before approving a spouse's application to immigrate to Canada through a spousal sponsorship scheme. Following are a few crucial considerations to bear in mind:
- The sponsor must be at least 18 years old to submit an application.
- He or she must be a citizen or legal resident of Canada.
- The sponsor must be a resident of Canada; if not, he or she must show proof of residency after the spouse is sponsored.
- He or she needs to be able to demonstrate the validity of the connection. (For example, marriage licenses, images, additional supporting documents, etc.)
- Although it is not necessary to provide proof of income when applying for spousal sponsorship, the sponsor must demonstrate that he or she has the resources to support their spouse's basic necessities.
- The sponsor is not allowed to accept government support, with the exception of rare cases like social disability.
- Became a Canada permanent resident less than five years ago after being sponsored by a spouse or partner (sponsor) as the primary applicant.
- Must have a spotless criminal record free of convictions.
- No sexual or violent convictions.
- Cannot be in bankruptcy proceedings.
- Not subject to the removal order.
Forms Needed to Sponsor a Canadian Spouse
It is crucial to remember that the sponsored spouse must be in good health and have no criminal convictions. After arriving in Canada, the spouse is permitted to work and/or study there. To complete the process, the applicant and sponsor must fill out the following forms:
The following forms must be completed and included in the application for Canadian Spousal Sponsorship:
- Sponsorship commitment and agreement
- Survey on Relationships
- Sponsorship assessment
- Financial Assessment Form (shows the sponsor’s financial capability to provide for spouse)
- Generic Application from Canada, Number 5
- Form for Additional Family Information, page 6
- Extra Dependents or a Declaration (in case of more than 5 dependents on the application)
- Background/Declaration in Schedule A
- Representative Form (in the event you hired one, it specifies that you have hired a consultant or immigration lawyer to help you with the procedure)
Depending on the type of sponsorship application, the list of forms may change. Applications for spousal sponsorship come in two flavours: inland sponsorship and sponsorship from outside Canada. Immigration, Refugee, and Citizenship Canada (IRCC) have pledged to make decisions on all of those applications within a year. Processing times vary for each category and also depend on the applicant's country of origin or residence.
Comprehensive documentation is needed for immigration under the Canadian spousal sponsorship scheme. Documents that are not in either English or French must have a certified translation attached. It will be necessary to get a police clearance while applying. Additionally, a receipt for any government costs must be included with the application. You may not hear from the IRCC until approximately one to two months have passed. This initial acknowledgement, known as Approval in Principle, will state that the application has been received and is processing. This stage of the IRCC spousal sponsorship application is for the sponsor, who is identified as an eligible sponsor and informed that the application is being examined for further processing before being forwarded to the appropriate immigration authorities in charge of handling such applications.
As of April 28, 2017, Immigration, Refugees, and Citizenship Canada (IRCC) no longer grants sponsored wives and partners of Canadian citizens conditional Canada permanent residency.
Initially, the rule stipulated that the sponsor and spouse must have lived together for at least two years. Each application is carefully examined, though, and bogus unions that just want Canada permanent residency are closely monitored.
Reasons that a spouse sponsorship application can be rejected
Following are a few reasons a spouse sponsorship application could be turned down:
- The immigration official felt that the marriage was not sincere.
- A dearth of supporting information.
- Factual mistakes.
As a result, it is advised that:
- All text messages, emails, and conversations from the relationship should be kept;
- Photos taken together should be kept as proof;
- Joint accounts should be kept;
- Insurances should be kept.
- Anything that could be used to assess the validity of the marriage.
Maintain insurance and anything else that could be used to establish the validity of the marriage.
A compelling argument will ensure that your spouse's application to immigrate to Canada is approved, but a complete and polished presentation will stop the immigration officer from asking for further documentation and slowing down the immigration Canada spousal sponsorship application procedure.
Immigration legislation in Canada differs from that in the United States. To be qualified to sponsor a move by an American citizen and his or her spouse to Canada, the American must first become a Canadian permanent resident.
The length of time it takes to process a spouse visa for Canada can vary depending on how complex the application is, but processing times typically range from one year to two years depending on the type of sponsorship, such as inland spousal sponsorship or an outside Canada spousal sponsorship program.