Spousal Sponsorship Applications can be a complex process. In some cases the processing time can take more than a year. Our India office uniquely helps you make the Outland Spousal Sponsorship process easier and streamlined, such that you can sponsor your loved ones to Canada at the earliest.
Family reunification is a vital component of Canada's immigration agenda. The Spousal visa allows applicants married to a Canadian citizen or permanent resident the unique opportunity to be sponsored along with their dependent children. The applicant and their spouse must be married and show the genuine and continuing nature of the relationship and intend to live together in Canada, upon approval.
A Canadian citizen, or a permanent resident who is living in Canada may be eligible to sponsor their spouse (same or opposite sex) and any dependent children for permanent residence in Canada. An application for sponsorship can be made for a spouse or partner who is living either inside or outside Canada.
What Is The Sponsorship Process?
A Spousal Sponsorship application is a two-step process. The first step of the process entails processing by the Case Processing Centre in Mississauga, where officers assess the sponsor’s eligibility. The application is then transferred to a Canadian visa office that is responsible for applications in the spouse, common law or conjugal partners’ country of citizenship or country of permanent residence, where officers assess the genuineness of the relationship and the admissibility of the applicant
A foreign national seeking spousal sponsorship to Canada faces a highly complex legal process, regardless of whether the application is submitted domestically or at a Canadian embassy or consulate abroad. The spouse, common-law partner or conjugal partner seeking to immigrate to Canada must be sponsored by a Canadian citizen or permanent resident, who must also submit a sponsorship application in support of the foreign spouse.
Key Concerns : Regulation
The validity of the marriage is a primary concern for Canada because it doesn't want its rules, which have been created to help reconnect families, exploited as a means of skirting immigration. Marriage for the sake of immigration is the key objection here. However, real spousal sponsorship is treated as a priority
Kinds of Spousal Sponsorship
Outland vs. Inland Spousal Sponsorship
Many couples are not eligible to apply for sponsorship inside Canada ("spouse or common-law partner in Canada class sponsorship," or "in Canada sponsorship" for short). If the partner being sponsored is not legally living in Canada at the time of application submission, outland spousal sponsorship ("family class" sponsorship) is the only option. Conjugal relationships are also not eligible for sponsorship inside Canada.
If both the sponsor and partner are legally residing in Canada, the couple may be eligible for either outland or inland spousal sponsorship. Despite being physically present in Canada when the application is submitted, if the spouse or common-law partner does not plan to remain in Canada the entire time the application is being processed, outland sponsorship may be the best route.
The biggest advantage to inland spousal sponsorship is that the spouse or partner may be eligible for an open Work Permit, allowing him or her to be fully employed in Canada while awaiting approval for Permanent Residency. However, that being said Inland Spousal Sponsorships refusals are only eligible for Judicial Review at the Federal Court of Canada, a Judicial Review is much narrower in scope than a full fledged right to Appeal. On the other hand a Outland Spousal Sponsorship refusals are eligible for an Appeal at the Immigration Appeal Division, an appeal is much wider in scope than a Judicial Review. An Appeal allows you to adduce new evidence that might not have been produced in front of the decision maker at the time of Outland Spousal Sponsorship refusal. - Navratan S. Fateh
Types of Spousal and Partner Sponsorships
There are several ways that a spousal relationship is defined in terms of immigration.
- A Marital relationship. As long as the marriage was legally performed in any country and it is consistent with the laws of Canada, it will be recognized by Canadian authorities. The legality of the union will need to be verified by supplying a marriage certificate.
- Common-law partnership. Two adults who have been living together in a marriage-like relationship continuously for one year are considered common-law partners. For immigration purposes, this relationship has the same legality as a traditional marriage. The sponsorship process for a common-law partnership is more complicated because evidence must be provided in the form of shared bills or a lease or rental agreement with the names of both parties.
- Conjugal partner relationship. This describes two people who have been in a marriage-like relationship but whom circumstances have not allowed to live together continuously for one year. The difficulty in this type of relationship, for the sake of immigration, is proving that the relationship is truly marriage-like and giving a valid enough reason as to why residing together has not been an option. This will only be considered an option if there are actual reasons the couple cannot live together and is not based on mere convenience. Authorities will be intent on seeing evidence that the coupling is not a sham for the purpose of Canadian citizenship.
Spouse Sponsorship Eligibility
You may be eligible to sponsor a spouse, a common-law partner, a conjugal partner or dependent children living outside of Canada if:
- You are 18 years of age or older;
- You are a permanent resident or Canadian citizen;
- The person you want to sponsor is a member of the family class;
- You currently reside in Canada;
- You and the person you are sponsoring both sign an agreement confirming that each of you understands your obligations and responsibilities;
- You sign an undertaking that promises to provide for the basic requirements of the person you are sponsoring and their dependent children (if applicable).
2019 Spousal Sponsorship Canada Processing Times
(at the time of publishing this post)
For exact country specific processing times : Check Government of Canada website
Entering Canada to marry your fiancée
The designation of fiancée has been removed from the rules pertaining to Canadian immigration. For that reason you can no longer sponsor your fiancee. Entering Canada under the pretext of being a visitor and then marrying a fiancée and applying for a permanent resident card can be risky and can result in an allegation of fraud. The amount of time that passes between entry into the country and a marriage affects the onus placed on the couple to disprove fraud. Such an application, while not impossible, merits careful consideration for success.
Often the Canadian sponsor would like the foreign would-be immigrant spouse to come to Canada as a visitor first. That way the couple can come to know each other first before they commit to a long term permanent marriage. Sometimes naively, such Canadians who perhaps met the foreign party on line, try to invite the immigrant to come to Canada as their guest. Invariably such invitations end up in failure as Canadian overseas officials detect that the immigrant is likely to stay in Canada no matter what happens and will not leave at the end of the period of authorized stay. Canadian partners are left with the one option of traveling overseas to marry and then returning home to sponsor the spouse. As harsh as this may seem, it is often the only choice the Canadians have.
Misrepresentation and Spousal Sponsorship
If your spouse received a ban of 5 years to Canada for Misrepresentation under Section 40, it is still possible to sponsor them for Permanent Residence under the Family Class despite them being inadmissible for Misrepresentation. Consult directly with our Immigration Lawyer to receive a confidential consultation.
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