Spousal Sponsorship
Spousal Sponsorship
Average processing timeframes range from eight to twelve months, depending on which visa office handles the application. Application processing times for some major visa offices, with enough Visa officers can be as little as four to six months.
Online applications are accepted for both inland and outland sponsorship. An application is sent to the appropriate visa office for additional processing when it is determined to be complete with all necessary papers and documentation and the sponsor is qualified. If applications are incomplete, it will be returned to applicants.
Spouse and Common-Law Sponsorship (Options)
Outside Canada Sponsorship
Your application will be examined by the visa office in the sponsored spouse’s home country (if outside Canada) or in their place of lawful residence. You are still eligible to apply under this category if you and your spouse or common-law partner reside in Canada together. If you apply under this category, the Immigration Appeal Division (IAD) will allow you to challenge a denial, or in other words, you can appeal the IRCC visa officer’s decision if they refuse your application.
Inside Canada Sponsorship
Your sponsor and you must reside together (in Canada) at the time of application and during the processing period, as your application will be evaluated in Canada. If the sponsored partner has a legitimate immigration status in Canada, they can also be qualified for an Open Work Permit. If an applicant who does not have legitimate status, they might nevertheless be sponsored for permanent residence under a special public policy or—if the CBSA has issued a deportation order—by utilizing the H&C option inside the application. If inland sponsorship is turned down, there is no right of appeal.
The following individuals, along with their dependent children (age 21 or under), may be sponsored for permanent residence in Canada.
- Spouse: spouse, husband or wife, or partner through marriage (proxy marriages are not allowed).
- Common law A partner is someone you have lived with consistently for a minimum of a year. (must meet conditions of common law)
- Conjugal Partner: if you and your partner are in a committed relationship equivalent to a marriage for at least a year but your partner does not fit under the Spouse or Common-Law category.
Canada recognizes same-sex marriages and partners are eligible to apply.
Sponsor’s Eligibility
- Be a Canadian Citizen, or Permanent Resident (living in Canada)
- Be 18 years of age or older.
- You are not in prison, under a removal order (if a permanent resident) or charged for a criminal offense and not filed for bankruptcy.
- You, yourself, cannot have been sponsored as a spouse in the last 5 years by another sponsor.
To be eligible to be sponsored by a Sponsor.
- Be at least 18 years of age.
- Not closely related by blood to the Sponsor.
Requirements that must be met to qualify for Sponsorship under the 3 categories.
- Your relationship is genuine (real)
- and was not entered into for gaining Permanent Residence
- If your spouse or common-law is applying in the Spouse or Common-law Partner “In Canada class”, you both must meet certain conditions.
Requirements AFTER sponsorship
- The sponsor is financially responsible for the sponsored for 3 years after the sponsored becomes a PR.
- Applicants who come to Canada as spouses are themselves not eligible for sponsoring a spouse in turn for the next consecutive five years.
