Spousal Sponsorship is a type of Family Class immigration program that allows Canadian citizens and permanent residents to sponsor their spouse or legal partner to permanently reside in Canada.
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The Family Class category facilitates the sponsorship of family members for Canadian permanent residency. Qualified sponsors include Canadian residents, permanent residents of Canada, and individuals enrolled as "Indians" in Canada under the Canadian Indian Act of 1985.
An eligible Canadian citizen or permanent resident can sponsor the following family members:
This sponsorship program aims to reunite families and provide opportunities for loved ones to live together in Canada.
Outland spousal/common-law partner sponsorship is not an independent immigration program. It falls under the Family Class immigration category and is part of the Spousal Sponsorship scheme. No matter where the sponsored person currently resides, Canadian permanent residents or citizens can sponsor their spouse or common-law partner. For the sponsored person to achieve Canadian permanent residence status, Immigration, Refugees and Citizenship Canada (IRCC) must approve both the sponsor and the sponsored person.
Spousal or legal partner support is available to Canadian citizens or permanent residents who lived together in Canada at the time of application. The IRCC must approve both the sponsor and the sponsored person for the sponsored person to gain Canadian permanent residency status. After the sponsored individual becomes a permanent resident, the sponsor will become financially responsible for the sponsored individual for three years. Couples who immigrate to Canada are prohibited from sponsoring a second spouse for five years after being granted permanent residence.
The duration of the support varies from 8 months to 12 months, depending on the visa office processing the application. Major visa offices like those in the US can process applications in 4 to 6 months. All Inland and Outland sponsorship applications are filed online. When a complete application is received, and the sponsor meets the eligibility requirements, it is forwarded to the appropriate visa office for processing. After three months, incomplete applications are returned.
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No, marrying a Canadian does not automatically grant permanent residence to the spouse.
Unlike parent and grandparent sponsorship, a spouse's sponsorship has no entry constraints.
Sponsorship processing durations range from 8 to 12 months, depending on the visa office handling the application.
To sponsor your spouse or common-law partner, no minimum income/money or job offer is required. However, you must pledge to give financial assistance for their basic necessities through an undertaking.
No, these marriages are not acknowledged by the IRCC.
Are you aware of the sponsorship rules in Canada? Do you know how to bring your spouse to Canada? Well, ImmiLaw is here to provide all the assistance and guidance for you to bring your family to Canada permanently! Interestingly, Family unification policies hold greater priority in Canada and hence spousal sponsorship is one among the easiest and fastest immigration process.
As the country values family unification, Immigration Canada has made spousal sponsorship one of the fastest routes to Canadian Permanent Residence.
This program comes under the family class Immigration. As per this scheme, a Permanent resident or a Canadian citizen may sponsor a spouse or common-law partner. In Canada, marriage between same-sex is also recognized. (If the marriage happened in or outside Canada, in a country where marriage between two persons of the same sex is legal) is also been recognized.
Similar to other immigration processes, the applicant has to meet financial requirements, medical and security clearance and also have to submit all supporting documents to ensure that the application has not been rejected at any stage.
There are two kinds of applications for spouse and common-law sponsorship called Inland and Outland:
Outland Sponsorship application is handled by the visa office in the sponsored spouse's place of citizenship or lawful residence if they live outside of Canada. Even if the sponsor and spouse/common-law partner live in Canada, they can apply under this category. Selecting this option permits you to appeal a refusal to the Immigration Appeal Division (IAD).
Inland Sponsorship (Spouse or Common-Law In-Canada Category) application is completed within Canada, and the sponsor and sponsored partner must reside together at the time of application and during the procedure. If the sponsored partner has legal status in Canada, they may also be eligible for an Open Work Permit. Individuals without lawful status can nonetheless be sponsored for permanent residency under a specific public policy or by citing Humanitarian and Compassionate grounds (H&C) in their application. It should be noted that applicants in the Inland sponsorship category do not have the opportunity to appeal if their application is rejected.
Persons eligible for Sponsorship for Permanent Residence in Canada are spouses, which includes husbands, wives, and marital partners.
Spouses with a criminal record or charges may face criminal inadmissibility difficulties. Spouses who have been barred from entering Canada for five years owing to misrepresentation may face further restrictions.
Certain requirements must be met in order to qualify as a sponsor for family sponsorship in Canada. To begin with, you must have a permanent address in Canada and either be a Canadian citizen or a permanent resident. This means that you must have legal status in Canada.
The second consideration is age; to qualify as a sponsor, you must be at least 18 years old. This minimum age restriction makes sure sponsors are mature individuals capable of sustaining and sponsoring their family members.
Thirdly, prospective sponsors are subject to a number of exclusions. You will not be able to sponsor a family member if you are currently behind bars, insolvent, facing deportation as a long-term resident, or if you have been charged with a severe crime. By requiring sponsors to be legitimate and in good standing, this criterion fosters a secure and safe sponsoring process.
In addition, you must have been sponsored during the previous five years for your own immigration to Canada as a spouse in order to sponsor a spouse. This requirement makes sure that the criteria for sponsoring eligibility are fair and reasonable.
Last but not least, it's important to remember that family sponsorship is not possible if you are not connected to the sponsor by blood. As a result, immediate family members like parents or siblings cannot sponsor one another under the family class category. The goal of the sponsorship procedure is to bring together members of the immediate family in Canada, including spouses, partners, parents, and dependent children.
Sponsorship requirements include the sponsor-sponsored person connection must be genuine and not exclusively for the purpose of obtaining permanent residence.
If the spouse or common-law partner is applying in the "In Canada" category, they must live in Canada with the sponsor.
Post-Sponsorship Requirements, after the sponsored individual becomes a permanent resident, the sponsor is financially liable for them for three years. Individuals who come to Canada as spouses are not permitted to sponsor another spouse for five years after obtaining Canadian permanent residency.
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