When considering moving to Canada through spousal sponsorship, one of the most pressing questions on your mind is likely, “How long will the process take?” The spousal sponsorship program allows Canadian citizens and permanent residents to bring their spouse or common-law partner to Canada, reuniting families and building new lives.
However, understanding the timeline of this immigration process is crucial, as it involves several steps, from application submission to final approval. In this blog post, we’ll break down the various stages of spousal sponsorship in Canada and provide insights into the factors influencing the overall processing time. Whether you’re just starting your application or are already in the process, this blog post will help you better understand what to expect on your journey to reunite with your loved one in Canada.
The Fundamentals of Spousal Sponsorship
Spousal sponsorship in Canada enables Canadian citizens or permanent residents to sponsor a spouse, common-law partner, or conjugal partner for permanent residency in Canada. This involves filing the application with Immigration, Refugees, and Citizenship Canada (IRCC) and going through several tests and assessments to ensure the genuineness of the relationship and that it meets the program requirements.
There are two main types of sponsorship:
- Inland Sponsorship: This sponsorship is available for couples already residing in Canada. Any individual who has applied for an inland sponsorship can also apply for an open work permit while the sponsorship application is in process.
- Outland Sponsorship: This sponsorship is for couples whose spouses reside outside Canada. Outland applications can be processed even if the sponsor and applicant live together in another country.
Average Processing Time
According to the latest information gathered in 2024, the average time it takes to process a spousal sponsorship application is approximately 12 months. However, this is just an approximate number, and the time required may be more in some cases depending on the nature of the case, the accuracy of documents submitted with the application, and the applicant’s country of residence. Sometimes, additional information is sought, or there is a backlog in the system, which can attract delays.
The above time frame combines the sponsorship approval and permanent residence processing stages. If the process is broken down at a lower level of abstraction, one can better understand how long each of the basic operations would take.
Average Processing Time in Quebec
The processing of spousal sponsorship applications in the province of Quebec takes a bit longer due to their additional provincial procedures. Once it has received the federal sponsorship approval, the sponsor must undergo the process to receive a Quebec Selection Certificate (CSQ) from the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). This additional step may take approximately 2-3 months, adding to the total time to process the paperwork.
After being provided with the CSQ, the federal government proceeds to process the permanent residence application. The process of filling out the visa application to obtaining it normally takes 12-14 months, depending on the complexity of the application and any other requirements.
Comparing Processing Times Across Sponsorship Categories
The estimated processing times for spousal sponsorship applications in Canada vary depending on location and individual cases. Here’s a quick overview to help guide you through the process:
- Spouse or Common-Law Partner Inside Canada (All Provinces, Excluding Quebec): The average processing time is around 10 months.
- Spouse or Common-Law Partner Inside Canada (Quebec): Applications from Quebec residents typically take about 25 months due to Quebec’s unique immigration procedures.
- Spouse or Common-Law Partner Outside Canada (All Provinces, Excluding Quebec): The processing time for applicants living outside of Canada is usually around 13 months.
- Spouse or Common-Law Partner Outside Canada (Quebec): Quebec residents applying abroad may face a processing time of about 24 months.
While these timeframes provide a general overview, the actual time may vary depending on multiple factors, like accuracy in filling out the application, checks to confirm all criteria are met, and providing necessary documents as requested.
Eligibility for Spousal Sponsorship
There are three main areas to check to prove one’s eligibility for spousal sponsorship:
- Sponsor Eligibility
- Must be a Canadian citizen or permanent resident.
- The sponsor must be 18 years or older.
- Must not be a receiver of any kind of social security, except if they have a disability.
- Must be able to provide financially for the sponsored spouse for at least three years.
- Must not have any history of sponsoring a spouse in the past five years.
- Sponsored Spouse Eligibility
- Must be legally married, common-law or conjugal partner to the spouse.
- Must be a minimum of 18 years of age.
- Must not have a history of serious criminality.
- They must undergo a medical exam to ensure they are fit to enter Canada.
- Genuine Relationship
- The couple must hold a genuine relationship rather than lying to seek Canadian citizenship.
- Marriage certificates, photos or communication records must be produced as proof of relationship.
The Preparation Checklist You Need for a Smooth Spousal Sponsorship
Before beginning the application process for spousal sponsorship, gear up for some vital preparation.
- Document Prep: Before the process begins, you must be ready with all the essential documents. These documents mainly consist of passports, marriage certificates and other proofs of your identity and your relationship. You must have updated documents and keep them handy to send them on time.
- Precision is Key: You must aim for precision when filling out the application. That implies giving complete answers to questions with accuracy. Making mistakes when filling out the form can lead to unnecessary issues later. You must also verify your spousal sponsorship qualification before applying. Check if you meet all eligibility criteria to save your valuable time.
- Process Duration: Knowing the duration of the application process is crucial. You can expect the average time for sponsorship applications to be around 10 months (from your preparation till getting a response from IRCC). It is equally important to complete the application package before sending it. This completion covers answering all the questions, attaching all the necessary documents and forms, and showing the proof of payment. Missing any of these steps could mean unwanted delays or application rejection.
Understanding the Step-by-Step Process
Preparing the Application
The most crucial part of the spousal sponsorship application process is collecting documents and filing the application form appropriately. The inability to produce some documents or filing the form inadequately can lead to time wastage. Before submitting the application, one must ensure all documents are in place. Depending on the time the applicant takes to secure the documents, this phase can last from a few weeks to a few months.
Some key documents include marriage certificates, photos, communication records, police clearance certificates (for the sponsored spouse), medical examination results, and proof of economic stability (for the sponsor).
Initial Assessment by the IRCC
When the spousal sponsorship application is submitted, the IRCC reviews the case to ensure that documents and information have been provided. This initial assessment, commonly termed the completeness check, usually lasts about 1-2 months. If the application lacks any vital documents or particulars, the IRCC will return it, extending the general procedure.
Eligibility Check
If the application successfully passes the completeness check, the second phase is to check the eligibility. This entails assessing whether the sponsor qualifies for sponsorship of their spouse, whether the sponsor is a citizen in Canada or a permanent resident, and whether the sponsor meets the financial and legal responsibilities.
This phase also requires evaluating the genuineness of the relationship. Depending on the nature of the case, the eligibility review can take another 2-4 months.
Background and Security Checks
If the relationship between the sponsor and the sponsored is proven genuine, the third phase will investigate the sponsored spouse’s background. This includes criminal and security checks to confirm that the person is not a menace to Canada’s security.
This phase may, however, differ significantly depending on the country of residence of the sponsored spouse. For instance, candidates from countries that provide more stringent security background checks may experience a longer duration to complete this phase than others experiencing a short duration in the same phase. This step may take approximately 1-3 months.
Medical Examination Results
In spousal sponsorship cases, the sponsored spouse must undergo a medical examination by a designated panel physician of the IRCC. The medical exam results are typically effective for one year and help ensure the sponsored spouse is permissible in Canada on medical-related grounds.
It may take applicants a couple of weeks to receive and pass the results to the IRCC. If there are signs of any complications or illnesses, further examinations or therapies might be needed, which adds to the total time.
Final Decision
When all of the above steps are fulfilled, the last step is to await the decision of approval or disapproval of the spousal sponsorship application. If all is well and the application gets the green light, the sponsored spouse receives a Confirmation of Permanent Residence (COPR) if residing in Canada or a visa if otherwise. The decision phase usually takes another 1-3 months.
Travelling to Canada (for Outland applicants)
After receiving the COPR, spouses living outside Canada need to arrange their travel. They have to arrive in Canada before the validity of the medical results ends. They will have to produce the COPR at the border, and on arrival, they will be given permanent resident status.
Factors Affecting the Processing Time
While the average processing time for spousal sponsorship is around 12 months, several factors can impact how long the process takes:
Country of Residence
Candidates from nations that have strict immigration procedures or require more time to process applications may also have to wait longer.
Completeness of Application
Some of the documents may be missing, or the application may not have been completed properly; in that case, IRCC will ask for corrections and take time.
Background Checks
Having a criminal record is likely to delay the process.
Medical Issues
Detection of health complications during the examination can lead to further tests and treatments, prolonging the processing time.
COVID-19 or Other External Factors
Delays were reported during the recent COVID-19 pandemic due to office closures or backlogs.
What to Expect While Awaiting Sponsorship Approval
Patience is essential while awaiting the IRCC’s decision. Your permanent residence application will reach the right place (office) upon sponsorship approval. From there, the officials will decide if the sponsored person can gain permanent residence in Canada. You can regularly check the status of your application by visiting the IRCC portal.
On the other hand, a decline in your sponsorship will have an explanation from the IRCC via a letter or mail. Ensure you respond to the letter and take steps to rectify the gaps while reapplying for a spousal sponsorship.
Conclusion
The spousal sponsorship process is a complex yet crucial journey. It allows families to come closer and gain permanent residence. With professional help, you can undertake this journey smoothly from start to finish. Allow our experienced legal professionals to guide you through this spousal sponsorship route.
