The spousal sponsorship program is a part of the Family Class Sponsorship Program. A Canadian Citizen or permanent resident can sponsor a spouse or common-law partner for Canadian Permanent residency with the help of this program. The permanent resident of Canada can sponsor the members of his/her family.
Both the sponsor and the sponsored person need to prove their relationship to receive a visa through the immigration process. The relationship between the sponsor and the sponsored person must be under one of the following three categories:
- Spouse: Sponsor and the sponsored person must be legally married, and they must have a legal document to support their claim.
- Common-Law Partner: Both the parties must be living together for at least 1 year (excluding the reasons for the brief absence of business or family)
- Conjugal Partner: An individual can sponsor his/her conjugal partner. A conjugal partner is a foreign national who resides outside Canada and could not live with the sponsor as a couple. The sponsor needs to have a conjugal relationship with the sponsored person for at least one year.
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).
The requirement of Spouse or Common Law partnership
Requirement for Sponsor:
- The sponsor must be at least 18 years of age
- The sponsor must be a Canadian Citizen or Permanent resident
- The sponsor must not have spouse sponsored in the last 5 years
- The sponsor should have a clean record of the offence
- The sponsor should not be involved in Bankruptcy
The requirement for the Sponsored person:
- The sponsored person must be of legal age to get married
- The sponsored person must be able to have a clean record of offence in the home country
- The sponsored person should be medically healthy
Regardless of spouse’s currently residing place, a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status with the help of Spouse sponsorship program.
There are two parts of the spousal sponsorship application:
- The permanent resident can apply to sponsor his/her spouse or common-law partner
- The spouse or common-law partner can apply for Permanent Residence (PR)
Outland Sponsorship Program
The outland sponsorship program is chosen when the sponsored person lives outside Canada. However, a spouse or common-law partner can apply through the outland sponsorship program while residing in Canada. The latter option may allow the sponsored person to travel in and out of Canada during the application process, but deciding whether the sponsored person can re-enter Canada or not is always in the hands of Canadian immigration authority.
Outland application can be processed through the visa office that serves the applicant’s country of origin. To rapidly reunite the families, IRCC is committed to issuing visas as quickly as possible. This is especially true for outland applications.
Inland Sponsorship Program
To apply for a visa through this program, the foreign spouse or common-law partner needs to enter Canada legally. The sponsored person can continue to work or study as long as he/she has a valid work or study permit.
The inland application is generally a slower process than the outland application process. However, the sponsored person (through the inland program) may be eligible to get an open work permit while his or her application is still being processed.
If there is a need to conduct the interview, then IRCC will notify the sponsored person (in written).
It doesn’t matter which program applicant chooses to go with, but he/she has to meet every requirement to be considered eligible.
For more information regarding spouse sponsorship, please feel free to contact JT Immigration services.
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