Waze Immigration

Spousal Sponsorship

Eligibility Requirements for Spousal/Common-Law/Conjugal Sponsorship

Before sponsoring a spouse to immigrate to Canada under a spousal sponsorship program, the sponsor must be sure that he/she is eligible to sponsor. Some of the important points to take into consideration are as follow:

  • The sponsor must be 18 years or above to file in the process.
  • He/she must be a Canadian citizen or permanent resident.
  • The sponsor must be residing in Canada if however not he/she must demonstrate living in Canada once the spouse is sponsored.
  • He/she must have proof of the legitimacy of the relationship. (I.e. marriage certificates, photos, other supporting documents, etc.)
  • Although proof of income is not required for a spousal sponsorship application, the sponsor must show financial capacity for fulfilling the basic needs to sponsor his/her spouse.
  • The sponsor must not take government assistance except under special circumstances such as social disability.
  • Were sponsored yourself (principal applicant) by spouse or partner (sponsor) and became a permanent resident less than five years ago.
  • Must have a clean record with no criminal convictions.
  • No violent/sexual convictions.
  • Must not be going through bankruptcy.
  • Must not be under the removal order.

There are two types of applications for Spouse and Common-Law Sponsorship

  • Outland Sponsorship:  your application will be processed through the visa office in the sponsored spouse's country of citizenship or where they legally reside (if outside Canada).  If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category.  Applying under this category will make you eligible to appeal a refusal at the Immigration Appeal Division (IAD).
  • Inland Sponsorship (Spouse or Common-Law in-Canada category): your application will be processed in Canada and you and your sponsor MUST live together at the time of applying and during the process. The sponsored partner may also be eligible for an Open Work Permit, if they have valid status in Canada.  For individuals that do not have valid status, they are still able to be sponsored for PR via a special public policy, or by using H&C inside the application (in cases where they have been issued a removal order by CBSA).  Inland sponsorship does not have rights to appeal if it is refused.

Possible Refusal Reasons for Spousal Sponsorship Application 

Some of the reasons why an application for spousal sponsorship can be rejected are as follow:

  • Lack of genuineness of marriage felt by the immigration officer.
  • Lack of evidence and documentation.
  • Factual errors.

Thus, it is suggested:

  • Keep all text messages/emails/communications throughout the relationship
  • Keep pictures taken together as evidence
  • Keep joint accounts
  • Keep insurances.
  • Anything which may help in determining the legitimacy of the marriage.

A strong case will make sure that your spouse's immigration to Canada application is successful but a thorough and professional presentation will prevent the immigration officer from wanting more documents to be submitted thus impeding the immigration Canada spouse sponsorship application process.

If you have any questions, you can book consultation to speak with immigration consultant.

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