Canada’s spousal sponsorship program is a key pathway that allows Canadian citizens and permanent residents to reunite with their loved ones from abroad by granting them permanent residency (PR). Whether you’re aiming to bring your spouse, common-law partner, or conjugal partner to Canada, understanding the complexities of the process is essential. Recently, Canada has implemented new automation tools to expedite the process of sponsoring a spouse, common-law partner, or conjugal partner. This guide will explore the essentials of spousal sponsorship, including the differences between common-law and conjugal partners, eligibility criteria, financial responsibilities, required documents, application steps, and what to do if your sponsorship is refused.

Understanding Spousal Sponsorship in Canada

Spousal sponsorship in Canada is a legal process that allows a Canadian citizen or permanent resident to sponsor their spouse, common-law partner, or conjugal partner to become a permanent resident of Canada. The main goal of this program is to keep families together and enable Canadians to build their lives in Canada with their loved ones.

Categories of Relationships

The Canadian spousal sponsorship program recognizes three main categories of relationships:

1. Spouses: Legally married partners.

2. Common-Law Partners: Partners who have lived together in a conjugal relationship for at least 12 consecutive months.

3. Conjugal Partners: Partners who have been in a committed relationship for at least one year but are unable to live together due to circumstances beyond their control, such as immigration barriers.

Understanding which category your relationship falls under is crucial for ensuring that your application is processed correctly.

Common-Law vs. Conjugal Partners: Key Differences

It’s important to differentiate between common-law and conjugal partners when it comes to spousal sponsorship, as both categories have distinct definitions and requirements.

Common-Law Partners

A common-law partnership is defined as a relationship where two individuals have lived together in a conjugal relationship for at least 12 consecutive months. To qualify as a common-law partner, you must provide evidence of cohabitation, such as joint bank accounts, shared leases, or utility bills. The relationship must be genuine, and both partners must intend to live together permanently in Canada.

Conjugal Partners

Conjugal partners are individuals who have been in a committed relationship for at least one year but are unable to live together due to circumstances beyond their control, such as immigration barriers, cultural or religious reasons, or legal constraints. Unlike common-law partners, conjugal partners do not need to provide evidence of cohabitation. However, they must demonstrate that they have a genuine and committed relationship. This category is typically used in situations where the couple cannot meet the requirements for marriage or common-law status due to external factors.

Eligibility Criteria for Spousal Sponsorship

To successfully sponsor a spouse, common-law partner, or conjugal partner to Canada, both the sponsor and the sponsored person must meet specific eligibility criteria.

For the Sponsor:

  • Status in Canada: The sponsor must be a Canadian citizen, permanent resident, or a registered Indian under the Canadian Indian Act.
  • Age: The sponsor must be at least 18 years old.
  • Residency: If the sponsor is a permanent resident, they must reside in Canada. Canadian citizens living abroad must demonstrate their intention to return to Canada once the sponsored person becomes a permanent resident.
  • Financial Ability: The sponsor must not be receiving social assistance for reasons other than a disability and must demonstrate the financial ability to support the sponsored person.
  • Previous Sponsorship: The sponsor should not have been sponsored as a spouse themselves within the last five years or be in default of any previous sponsorship undertakings.

For the Sponsored Person:

  • Relationship Status: The sponsored person must be legally married to, in a common-law relationship with, or be a conjugal partner of the sponsor.
  • Age: The sponsored person must be at least 18 years old.
  • Genuine Relationship: The relationship between the sponsor and the sponsored person must be genuine and not entered into primarily for immigration purposes.
  • Admissibility: The sponsored person must not be inadmissible to Canada on grounds such as criminality, health, or security.

Meeting these eligibility criteria is essential for the success of your sponsorship application.

Financial Undertaking: Your Responsibility as a Sponsor

When you sponsor your spouse, common-law partner, or conjugal partner to Canada, you commit to a financial undertaking. This is a legal obligation to provide financial support for the sponsored person’s basic needs, including food, clothing, and shelter, as well as any healthcare not covered by public health services.

Duration of the Financial Undertaking

The length of the financial undertaking depends on the type of relationship:

  • Spouse or Common-Law Partner: 3 years from the date the sponsored person becomes a permanent resident.
  • Dependent Child: 10 years or until the child turns 25, whichever comes first.

It’s important to note that even if your relationship with the sponsored person ends, the financial undertaking remains in effect for the entire duration.

Required Documents to Strengthen Your Case

A strong and well-documented application is crucial for the success of your spousal sponsorship. Providing thorough and accurate documentation will help prove the genuineness of your relationship and your eligibility for sponsorship.

Key Documents for the Sponsor:

  • Proof of Status in Canada: Copies of your Canadian passport, citizenship certificate, or permanent resident card.
  • Proof of Financial Ability: Recent tax assessments, pay stubs, or bank statements to demonstrate your financial ability to support the sponsored person.
  • Previous Sponsorship Undertakings: If applicable, documents related to any previous sponsorship undertakings.

Key Documents for the Sponsored Person:

  • Proof of Relationship: Marriage certificate (for spouses), evidence of cohabitation (for common-law partners), or proof of a committed relationship (for conjugal partners).
  • Identity Documents: Passport, birth certificate, and any other identification documents.
  • Police Certificates: From any country where the sponsored person has lived for more than six months since the age of 18.
  • Medical Examination: Results of a medical examination by an approved physician.
  • Photos and Communication Records: Photos of the couple together, communication records (emails, chat logs), and affidavits from friends and family attesting to the genuineness of the relationship.

Organizing these documents and presenting them clearly in your application will significantly improve your chances of approval.

How to Apply for Spousal Sponsorship

The process of applying for spousal sponsorship involves several steps. Ensuring that each step is completed correctly and thoroughly is key to a successful application.

Step 1: Gather All Necessary Documents

Before starting the application process, gather all the required documents for both the sponsor and the sponsored person. Double-check the specific requirements based on your relationship type.

Step 2: Complete the Application Forms

The application package for spousal sponsorship includes several forms that must be completed by both the sponsor and the sponsored person. These forms include:

  • IMM 1344: Application to sponsor, sponsorship agreement, and undertaking.
  • IMM 5533: Document checklist for spousal sponsorship.
  • IMM 0008: Generic application form for Canada.
  • IMM 5669: Schedule A – Background/Declaration.
  • IMM 5406: Additional family information.

Carefully follow the instructions for each form, ensuring that all information is accurate and complete.

Step 3: Pay the Application Fees

The application fees for spousal sponsorship include:

  • Sponsorship fee: CAD $85
  • Principal applicant processing fee: CAD $545
  • Right of permanent residence fee: CAD $575
  • Biometrics fee: CAD $85
  • Dependent child fee: $175 per child

Fees must be paid online, and proof of payment should be included in your application package.

Step 4: Submit the Application

Once all forms are completed, and the required documents are gathered, submit your application online by filling out all the online forms listed in Step 1. Be sure to keep copies of all forms and documents for your records.

Step 5: Wait for Processing

Processing times for spousal sponsorship applications vary depending on the applicant’s country of residence and other factors. On average, processing can take 12 months or more. During this time, you may be asked to provide additional documents or attend an interview.

What to Do if Your Sponsorship Application Is Refused

Receiving a refusal on your spousal sponsorship application can be disheartening, but it’s important to know that there are options available to you if this happens.

Understanding the Reason for Refusal

The first step is to understand why your application was refused. Common reasons for refusal include:

  • Insufficient proof of a genuine relationship
  • Inadmissibility due to criminality or health issues
  • Errors or omissions in the application forms
  • Failure to meet eligibility criteria

You will receive a letter explaining the specific reasons for the refusal.

Options for Refused Applications

If your application is refused, you have several options:

  • Reapply: If the refusal was due to missing documents or insufficient evidence, you can reapply with a stronger application.
  • Appeal the Decision: You can appeal the refusal to the Immigration Appeal Division (IAD) within 30 days of receiving the refusal letter. An appeal is a formal process where you can present your case and provide additional evidence.
  • Judicial Review: If you believe that the refusal was due to an error in law or procedure, you can request a judicial review by the Federal Court of Canada. This option is more complex and typically requires the assistance of a legal professional.

Each option has its own set of procedures and timelines, so it’s important to act quickly and seek legal advice if necessary.

Conclusion

Canada’s spousal sponsorship program offers a crucial opportunity for families seeking to reunite in Canada. However, the process can be complex and requires careful attention to detail. Understanding the differences between common-law and conjugal partners, meeting the eligibility criteria, gathering the required documents, and knowing your options if your application is refused are all critical steps in ensuring a successful sponsorship application. By following the guidelines outlined in this article, you can navigate the spousal sponsorship process with confidence, bringing you one step closer to reuniting with your loved one in Canada.