Understanding the process of sponsoring your spouse, common law partner, or conjugal partner to Canada can be daunting. This guide will walk you through the essential steps, eligibility criteria, and benefits of the sponsorship spouse common law program, ensuring a smooth journey for you and your loved one.

What is Sponsorship of Spouse, Common Law Partner, or Conjugal Partner?

Sponsorship of Spouse, Common Law Partner, or Conjugal Partner program allows Canadian citizens and permanent residents to sponsor their Spouse, Common Law Partner, or Conjugal Partner for permanent residency. This program is designed to reunite families and ensure that couples can live together in Canada. Under the sponsorship of Spouse, Common Law Partner, or Conjugal Partner, your partner will gain access to the same rights and benefits as other permanent residents in Canada, including the ability to live, work, and study without restrictions.

The Importance of Family Reunification

Family reunification is a fundamental principle of Canadian immigration policy. The sponsorship of Spouse, Common Law Partner, or Conjugal Partner program reflects Canada’s commitment to keeping families together and providing opportunities for loved ones to build a life in Canada. By sponsoring your spouse or common-law partner, you are contributing to the social and economic fabric of Canada.

Eligibility Criteria for Sponsorship Spouse Common Law

To be eligible for sponsorship of Spouse, Common Law Partner, or Conjugal Partner, both the sponsor and the sponsored person must meet specific requirements. The sponsor must be a Canadian citizen or permanent resident, aged 18 or older, and not be in prison, bankrupt, or under a removal order. Additionally, the sponsor must not have been sponsored as a spouse or common-law partner within the last five years.

The sponsored Spouse, Common Law Partner, or Conjugal Partner partner must be at least 18 years old and not be inadmissible to Canada due to criminal or medical reasons. It is also essential that the relationship is genuine and not entered into solely for immigration purposes. The Canadian government takes this criterion seriously and will scrutinize the application to ensure the legitimacy of the relationship.

Proof of Relationship

Providing sufficient proof of relationship is a crucial part of the sponsorship spouse common law application. This can include:

  • Relationship History: Explanation of how and when the partners met and record of significant events in their relationship.
  • Marriage Certificate: For spouses, a valid marriage certificate is required (A record of solemnization (obtained in Canada or a marriage licence does not suffice as marriage proof).
  • Joint Financial Documents: Bank statements, joint credit card accounts, or mortgage documents.
  • Photographs: Photos of the couple together, with family, or during significant events.
  • Communication Records: Emails, text messages, or social media interactions showing ongoing communication.
  • Affidavits: Statements from friends and family confirming the relationship.

Application Process for Sponsorship Spouse Common Law

The application process for sponsorship of Spouse, Common Law Partner, or Conjugal Partner involves several steps. First, gather all necessary documents, including proof of relationship, financial documents, and identification. Ensure all documents are translated into English or French if they are in another language.

Next, complete and submit the sponsorship and permanent residence applications along with the required fees. It is essential to ensure that all forms are accurately filled out and all supporting documents are included to avoid delays. The application package typically includes:

  • IMM 1344: Application to Sponsor, Sponsorship Agreement and Undertaking.
  • IMM 5533: Document Checklist for Spouse and Common-law Partner in Canada Class.
  • IMM 0008: Generic Application Form for Canada.
  • IMM 5669: Schedule A – Background/Declaration.
  • IMM 5406: Additional Family Information.

After submitting the application, you will receive an acknowledgment of receipt. The immigration authorities may request additional information or documents during the processing period.

Note that the document checklist differs for different countries. Explore IRCC’s website to see country-wise documents checklist.

Fees and Costs

The fees for the sponsorship spouse common law application include:

  • Sponsorship fee: CAD 75
  • Principal applicant processing fee: CAD 475
  • Right of permanent residence fee: CAD 500
  • Biometrics fee: CAD 85 (if applicable)

Processing Time for Sponsorship of Spouse, Common Law Partner, or Conjugal Partner Applications

The processing time for sponsorship of Spouse, Common Law Partner, or Conjugal Partner applications varies depending on several factors, including the country of the sponsored person’s residence and the completeness of the application. On average, it can take around 12 months for the application to be processed. However, processing times can fluctuate due to various reasons, such as high application volumes or additional security and background checks.

Expedited Processing

In some cases, expedited processing may be available for applicants facing urgent or compassionate circumstances. This can include situations where there is a risk of family separation, medical emergencies, or other significant hardships. Applicants can request expedited processing by providing detailed explanations and supporting documentation.

Benefits of Sponsorship of Spouse, Common Law Partner, or Conjugal Partner

The primary benefit of the sponsorship of Spouse, Common Law Partner, or Conjugal Partner program is the reunification of families. By obtaining permanent residency, the sponsored Spouse, Common Law Partner, or Conjugal Partner can live, work, and study in Canada without any restrictions. Additionally, permanent residents have access to healthcare, social services, and the ability to apply for Canadian citizenship after meeting specific residency requirements.

Social and Economic Benefits

Permanent residents enjoy numerous social and economic benefits in Canada. These include:

  • Healthcare: Access to Canada’s public healthcare system.
  • Employment Opportunities: The right to work for any employer in Canada without needing a work permit.
  • Education: The ability to enroll in educational institutions and access student loans and grants.
  • Social Services: Access to social assistance programs and community services.

Common Challenges in Sponsorship of Spouse, Common Law Partner, or Conjugal Partner Applications

While the sponsorship of Spouse, Common Law Partner, or Conjugal Partner program offers a pathway to reunite families, applicants may face challenges such as providing sufficient proof of relationship, meeting financial requirements, and ensuring all documentation is accurate and complete. Seeking legal advice or consulting with an immigration expert can help navigate these challenges.

Financial Requirements

Sponsors must demonstrate their ability to support their Spouse, Common Law Partner, or Conjugal Partner financially. While there is no minimum income requirement for spousal sponsorship, the sponsor must provide evidence of their financial stability and commitment to supporting the sponsored person. However, you must meet the minimum income requirements if the spouse or partner you’re sponsoring has a dependent child who has a dependent child of their own.The income requirement in such cases is based on Statistics Canada;s annual Low-income Cut-Off (LICO)

Addressing Inadmissibility

If the sponsored spouse or common-law partner has a criminal record or medical issues, they may be deemed inadmissible to Canada. In such cases, it is crucial to seek legal advice to explore potential remedies, such as criminal rehabilitation or medical inadmissibility waivers.

Tips for a Successful Sponsorship of Spouse, Common Law Partner, or Conjugal Partner Application

To increase the chances of a successful sponsorship spouse common law application, it is crucial to provide comprehensive and accurate information. This includes detailed proof of relationship, such as photographs, communication records, and joint financial documents. Additionally, staying organized, keeping copies of all submitted documents, and responding promptly to any requests from immigration authorities can help streamline the process.

Legal Assistance

Consulting with an immigration lawyer or a certified immigration consultant can provide valuable guidance and ensure that your application meets all requirements. Legal professionals can assist with:

  • Application Preparation: Ensuring all forms are accurately completed and all necessary documents are included.
  • Document Review: Reviewing and organizing supporting documents to strengthen your application.
  • Legal Advice: Providing advice on potential challenges and solutions.

Keeping Updated with Immigration Policies

Immigration policies and procedures can change over time. Staying informed about the latest updates and changes to the sponsorship spouse common law program is essential for a successful application. Regularly checking the official website of Immigration, Refugees, and Citizenship Canada (IRCC) and subscribing to immigration newsletters can help you stay updated.

Conclusion

The sponsorship spouse common law program is a valuable opportunity for Canadian citizens and permanent residents to bring their loved ones to Canada. By understanding the eligibility criteria, application process, and common challenges, you can navigate this process more effectively and achieve your goal of reuniting with your spouse or common-law partner in Canada. With careful preparation and attention to detail, you can ensure a smooth and successful sponsorship process.

FAQs about Sponsorship of Spouse, Common Law Partner, or Conjugal Partner

What is the definition of a Spouse?

A spouse is someone who is legally married to you.  The marriage should be a legally valid civil marriage that was either legally performed in Canada or, if performed outside Canada, the marriage must be legally recognized in the country where it took place and in Canada.

What is the definition of a Common-Law Partner?

A common-law partner is someone who has or has been living with you for at least consecutive months in a marriage-like relationship.

What is the definition of a Conjugal Partner?

A conjugal partner is someone who is living OUTSIDE Canada and in a conjugal relationship with the sponsor for at least one year. You can sponsor a conjugal partner if there is a degree of attachment (not just physical relationship but a mutually interdependent relationship) between the two and you/ve been in a genuine and real relationship for at least 12 months where marriage or cohabitation has not been possible for any reason. Note that you cannot sponsor a conjugal partner if they are in Canada.

Can I sponsor my spouse if I am not currently living in Canada?

Yes, Canadian citizens can sponsor their spouse or common-law partner even if they are living abroad, provided they plan to return to Canada once the application is approved. Permanent residents, however, must reside in Canada to sponsor their spouse or common-law partner.

Can I sponsor my spouse or partner who is already in Canada?

Yes, you can sponsor your spouse or partner if they are already in Canada by filing an in-land application, provided your spouse or partner has a valid immigration status in Canada.

Do I need to prove my income to sponsor my spouse or common-law partner?

While there is no minimum income requirement, sponsors must show that they can support their spouse or common-law partner financially and ensure they do not require social assistance. Providing recent pay stubs, tax returns, and bank statements can help demonstrate financial stability.

Can my spouse or common-law partner work in Canada while the application is being processed?

Yes, spouses or common-law partners who apply from within Canada can apply for an open work permit, allowing them to work while their sponsorship application is being processed. This can provide financial stability and help integrate into Canadian society.

How can I prove my common-law relationship?

Proof of a common-law relationship can include joint leases or property agreements, shared utility bills, joint bank accounts, and affidavits from friends and family. Providing as much evidence as possible will strengthen your application and demonstrate the legitimacy of your relationship.

What happens if my sponsorship application is denied?

If your application is denied, you have the right to appeal the decision. The appeal process involves a hearing before the Immigration Appeal Division (IAD), where you can present additional evidence and arguments to support your case. If you have applied an in-land application, there is no appeal route and you can directly challenge the refusal in Federal Court via judicial review. Consulting with an immigration lawyer can help you navigate the appeal process.

How long does it take to process a sponsorship spouse common law application?

On average, it takes around 12 months to process a sponsorship application. However, processing times can vary based on factors such as the country of residence, application completeness, and any additional security or background checks. IRCC changes processing times on its website which is the best source of keeping track of processing times.

Can I include my dependent children in the sponsorship application?

Yes, you can include dependent children in your sponsorship application. Dependent children must meet specific criteria, including being under the age of 22 and not being married or in a common-law relationship.

Is there an interview process for sponsorship spouse common law applications?

In some cases, the immigration authorities may require an interview to verify the authenticity of the relationship and gather additional information. During the interview, both the sponsor and the sponsored person may be asked questions about their relationship, living arrangements, and future plans.

What is the Right of Permanent Residence Fee (RPRF)?

The Right of Permanent Residence Fee (RPRF) is a mandatory fee for individuals applying for permanent residency in Canada. For sponsorship spouse common law applications, the RPRF is CAD 500 and must be paid before the application is approved.