Spousal Sponsorship

If you are a Permanent Resident of Canada or a Canadian citizen, you can sponsor your spouse, common law partner or conjugal partner to Canada. You will need to provide strong documentation with respect to the genuineness of your relationship. However, if your documents are declined by the authorities, a family lawyer can help you. Visit https://www.mcquarrie.com/family-law/ for more information.

There are two types of spousal sponsorships, inland and overseas spousal sponsorships. Depending on your circumstances, you should consider the differences of both applications in order to choose the one that best fits your needs and the needs of your spouse or partner.

In order to sponsor your spouse to Canada, you must submit a sponsorship application. First you must qualify as a sponsor and your spouse must also be considered a member of the family class.

Given that there are a lot of sponsorship applications being submitted which do not qualify, immigration has very strict rules when assessing these applications.

It is crucial to submit the application carefully with all the required documents, the ones listed on the immigration website as well as other documents which are not listed and can be provided to you by an immigration lawyer. An incomplete application may cause long delays as well as the potential refusal of your application. Submitting a well organized application will most likely result in your application being processed faster.

As a sponsor, you must:

  • be 18 years or older
  • be a Canadian citizen or a Permanent Resident of Canada
  • be married or in a common law relationship (living together for at least one year)
  • reside in Canada or if living outside Canada, demonstrate the intention to return to Canada
  • in the 5 years preceding the sponsorship application, you did not become a permanent resident after being yourself sponsored to Canada by a spouse
  • not be in receipt of social assistance for a reason other then disability
  • not be an undischarged bankrupt under the Bankruptcy and Insolvency Act
  • not have persons you previously sponsored or their family members received social assistance during the validity period of the undertaking
  • not be ordered to leave Canada, not be the subject of a report on inadmissibility
  • not be late in making any required payments on an immigration loan, a performance bond or any other amounts you agreed to pay under Canadian immigration legislation
  • not be currently detained in jail, prison, penitentiary or reformatory
  • not be convicted of a sexual offense or serious violent offense against anyone causing bodily harm against someone who is related to you, or an attempt to commit such an offense
  • not be in default of a court order to make support payments to your spouse, former spouse or child
  • not be the subject of an application to revoke your Canadian citizenship
  • not be charged with an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years

You must also demonstrate that your relationship with your spouse is permanent and genuine.  It is important to submit strong supporting documents for this even if you have children together or if you have been in a relationship for many years.

You can contact our office at info@marykeyork.com for more information or click here to book a consultation with a lawyer.

Written by Mary Keyork, Immigration Lawyer