Spousal Sponsorship Canada

What is Spousal Sponsorship Program in Canada?

The Spousal Sponsorship Program in Canada is a program that allows Canadian citizens or permanent residents to sponsor their spouse or common-law partner to come and live with them in Canada. The program is designed to help families reunite by providing a way for Canadian citizens and permanent residents to bring their foreign spouses or partners to Canada.

To be eligible for the program, the sponsor must be a Canadian citizen or permanent resident, at least 18 years old, and must demonstrate that they have the financial means to support their spouse or partner once they arrive in Canada. The spouse or partner being sponsored must also meet certain eligibility requirements, such as being in a genuine relationship with the sponsor and passing medical and criminal background checks.

Once the application is submitted, it is processed by Immigration, Refugees and Citizenship Canada (IRCC). The processing time for spousal sponsorship applications can vary depending on various factors, such as the country of origin of the spouse or partner being sponsored and the completeness of the application.

If the application is approved, the sponsored spouse or partner will be granted permanent resident status in Canada and will be able to work, study and access healthcare and social services just like any other permanent resident.

What are the requirements to sponsor spouse in Canada?

To sponsor a spouse or common-law partner to come and live with you in Canada, you must meet certain requirements as the sponsor. Here are the basic eligibility requirements for sponsoring a spouse in Canada:

1. Be a Canadian citizen or permanent resident of Canada You must be a Canadian citizen or permanent resident to be eligible to sponsor your spouse to come to Canada.
2. Be at least 18 years old You must be at least 18 years old to be eligible to sponsor your spouse to come to Canada.
3. Be able to prove that you can financially support your spouse You must demonstrate that you can provide financial support for your spouse’s basic needs, such as food, shelter, and clothing. You must also be able to support them financially for a period of three years after they become a permanent resident.
4. Be in a genuine relationship with your spouse You must provide evidence that you are in a genuine relationship with your spouse, such as photos, letters, and other documents that prove your relationship.
5. Meet the sponsorship undertaking You must sign a sponsorship undertaking agreement with the Canadian government, which commits you to provide financial support to your spouse for three years.

In addition to these basic requirements, there may be other requirements specific to your situation, such as criminal record checks, medical exams, and language proficiency tests. It is important to carefully review the eligibility requirements before applying to sponsor your spouse to come to Canada.

What are the minimum income requirements to sponsor your spouse to Canada?

The income requirement for sponsoring your spouse to Canada depends on a few factors, including the size of your family, your location in Canada, and whether you are sponsoring your spouse alone or with dependent children.

As of 2023, the minimum necessary income (MNI) for spousal sponsorship in Canada is:

• For sponsors living in all provinces except Quebec:
  • If you are sponsoring a spouse only: CAD 26,224
  • If you are sponsoring a spouse with one dependent: CAD 32,411
  • If you are sponsoring a spouse with two dependents: CAD 39,813
  • If you are sponsoring a spouse with three dependents: CAD 48,945
  • If you are sponsoring a spouse with more than three dependents: add CAD 9,132 for each additional dependent
• For sponsors living in Quebec:
  • If you are sponsoring a spouse only: CAD 24,988
  • If you are sponsoring a spouse with one dependent: CAD 30,953
  • If you are sponsoring a spouse with two dependents: CAD 37,963
  • If you are sponsoring a spouse with three dependents: CAD 46,673
  • If you are sponsoring a spouse with more than three dependents: add CAD 8,710 for each additional dependent

It’s important to note that the MNI requirements are subject to change, and additional factors may be considered when assessing your ability to provide financial support to your spouse. For example, if you have significant savings or assets, this may be taken into account when determining your eligibility to sponsor your spouse.

It’s recommended to consult with a qualified immigration lawyer or a registered immigration consultant to discuss your specific situation and to ensure that you meet all the eligibility requirements before submitting a spousal sponsorship application.

How to Sponsor Your Spouse To Canada?

To apply for spousal sponsorship in Canada, you will need to follow these steps:

1. Check your eligibility Make sure that you meet the eligibility requirements to sponsor your spouse to come to Canada. This includes being a Canadian citizen or permanent resident, being at least 18 years old, and being able to financially support your spouse.
2. Prepare your application Gather all the necessary documents and information to support your spousal sponsorship application. This may include forms, identification documents, marriage or common-law partner documents, police certificates, and medical exams.
3. Submit your application Submit your spousal sponsorship application to Immigration, Refugees and Citizenship Canada (IRCC). The application can be submitted online or by mail, and must include all the required forms and documents, as well as the sponsorship undertaking agreement.
4. Wait for processing Wait for IRCC to process your application. Processing times can vary depending on various factors, such as the country of origin of your spouse and the completeness of your application.
5. Attend an interview If required, you and your spouse may be asked to attend an interview with IRCC to discuss your application.
6. Receive a decision You will receive a decision from IRCC on your spousal sponsorship application. If approved, your spouse will be granted permanent resident status in Canada and will be able to live and work in Canada.

It’s important to note that spousal sponsorship applications can be complex and may require additional information or documentation depending on your specific situation. It’s recommended to consult with a qualified immigration lawyer or a registered immigration consultant to ensure that you meet all the eligibility requirements and to assist you with your application.

How long does spousal sponsorship take in canada?

The processing time for spousal sponsorship applications in Canada can vary depending on various factors, such as the country of origin of the sponsored spouse, the completeness of the application, and the workload of the visa office processing the application.

As of March 2023, the current processing times for spousal sponsorship applications are:

• Outside Canada: 12 months for 80% of applications and 17 months for 90% of applications
• Inside Canada: 12 months for 80% of applications and 17 months for 90% of applications

These processing times are updated regularly by Immigration, Refugees and Citizenship Canada (IRCC), and can be affected by changes in government policy or volume of applications.

It’s important to note that these processing times are only estimates and not guaranteed, and that the actual processing time for your application may be shorter or longer than the estimated time. It’s recommended to check the IRCC website for the most up-to-date processing times, and to submit a complete and accurate application to minimize delays.

What are the government application fees associated with spousal sponsorship application?

The government fees for spousal sponsorship in Canada depend on whether you are sponsoring your spouse alone or with dependent children, and whether you are submitting your application inside or outside Canada. As of March 2023, the government fees for spousal sponsorship are:

• Outside Canada:
  • Sponsorship fee: CAD 75
  • Principal applicant processing fee: CAD 825
  • Dependent child processing fee (per child): CAD 225
• Inside Canada:
  • Sponsorship fee: CAD 75
  • Principal applicant processing fee: CAD 825
  • Dependent child processing fee (per child): CAD 225
  • Right of permanent residence fee (RPRF): CAD 500 (for principal applicant only)

It’s important to note that these fees are subject to change, and additional fees may be required depending on the specific circumstances of your application. For example, if your spouse requires a medical examination, this will be an additional cost.

It’s recommended to check the Immigration, Refugees and Citizenship Canada (IRCC) website for the most up-to-date information on government fees, and to consult with a qualified immigration lawyer or a registered immigration consultant to discuss the total cost of spousal sponsorship, including legal fees and other associated costs.

How to speed up spousal sponsorship application process?

There is no guaranteed way to speed up the sponsorship process in Canada, as the processing time is determined by Immigration, Refugees and Citizenship Canada (IRCC) and can be affected by various factors such as the complexity of the application, the volume of applications being processed, and the workload of the visa office processing the application.

However, there are some steps that you can take to help ensure that your spousal sponsorship application is processed as quickly as possible:

1. Submit a complete application: Ensure that you submit a complete application with all the required forms and supporting documents. Incomplete applications can cause delays as IRCC may need to request additional information or documentation.
2. Avoid errors: Review your application carefully to ensure that there are no errors or inconsistencies, as this can cause additional processing time.
3. Respond to requests for additional information quickly: If IRCC requests additional information or documentation, respond as quickly as possible to avoid delays.
4. Choose the right visa office: Choose the visa office that is responsible for processing applications from your spouse’s country of residence. Some visa offices may have shorter processing times than others.
5. Hire an immigration lawyer or consultant: Consider hiring a qualified immigration lawyer or consultant to assist you with your application. They can help ensure that your application is complete and accurate, and can help navigate any issues or complications that may arise during the processing time.

It’s important to note that there is no guaranteed way to speed up the processing time, and the above steps may not always result in a faster processing time. It’s important to be patient and to submit a complete and accurate application to minimize delays.

What are the required documents, supporting documents and other forms required to submit an application for spousal sponsorship in Canada?

The documents and forms required for a spousal sponsorship application in Canada can vary depending on the specific circumstances of the application, such as whether the sponsored spouse is inside or outside of Canada. However, generally speaking, the following are the required forms and supporting documents according to the Government of Canada website:

Required forms:

• Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)
• Generic Application Form for Canada (IMM 0008)
• Schedule A – Background/Declaration (IMM 5669)
• Additional Dependants/Declaration (IMM 0008DEP)
• Schedule 3 – Economic Classes (IMM 0008 – Schedule 3) (if applicable)

Supporting documents:

• Marriage certificate or proof of common-law relationship
• Birth certificates for both the sponsor and sponsored spouse
• Passport or travel documents for both the sponsor and sponsored spouse
• Police certificates for both the sponsor and sponsored spouse
• Medical exam results for the sponsored spouse
• Evidence of the sponsor’s Canadian citizenship or permanent resident status
• Proof of income of the sponsor

Other documents that may be required include:

• Proof of relationship, such as photographs or correspondence
• Proof of the sponsor’s ability to provide financial support, such as pay stubs or tax returns
• Proof of the sponsored spouse’s language proficiency, such as language test results
• Proof of education or work experience of the sponsored spouse

It’s important to note that the required forms and documents can vary depending on the specific circumstances of the application, and additional documents may be required. It’s recommended to check the Immigration, Refugees and Citizenship Canada (IRCC) website for the most up-to-date information on required forms and documents, and to consult with a qualified immigration lawyer or registered immigration consultant to ensure that your application is complete and accurate.

Where to Send Your Spousal Sponsorship Application?

The location to send your spousal sponsorship application in Canada depends on whether you are submitting the application by mail or online.

If you are submitting your application by mail, you should send it to the Centralized Processing Centre (CPC) in Mississauga, Ontario.

• The mailing address is:

Immigration, Refugees and Citizenship Canada PO Box 5040, Station B Mississauga, ON L5A 3A4 Canada

If you are submitting your application online, you can do so through the Immigration, Refugees and Citizenship Canada (IRCC) website. You will need to create an account and follow the steps to submit your application online.

IRCC does not accept sponsorship applications by email or fax. All applications must be submitted by mail or online through the IRCC website.

It’s important to note that the mailing address and submission process may change, so it’s recommended to check the IRCC website for the most up-to-date information on where and how to submit your spousal sponsorship application.

FAQ’s

Can I sponsor someone to Canada without getting married?

Yes, you may be able to sponsor someone to Canada without being married to them if they are considered a common-law partner or a conjugal partner.

To be considered a common-law partner, you and your partner must have lived together in a conjugal relationship for at least one year continuously. You will need to provide evidence that you have lived together, such as joint bank statements, bills, or lease agreements.

To be considered a conjugal partner, you and your partner must have been in a committed relationship for at least one year but have been unable to live together due to circumstances beyond your control, such as immigration barriers or religious or cultural reasons. You will need to provide evidence of the factors preventing you from living together, as well as evidence of your commitment to each other.

It’s important to note that sponsoring a common-law or conjugal partner requires meeting specific eligibility criteria and providing supporting documentation to demonstrate the genuineness of the relationship. It’s recommended to consult with a qualified immigration lawyer or registered immigration consultant to determine if you are eligible to sponsor a partner under these categories, and to ensure that your application is complete and accurate.

Can I leave Canada while waiting for spousal sponsorship?

Yes, you can leave Canada while waiting for a spousal sponsorship application to be processed, but it’s important to be aware of the potential implications.

If you are a Canadian citizen or permanent resident and you leave Canada while your spousal sponsorship application is being processed, you must continue to meet the residency obligations for maintaining your status. This means that you must be physically present in Canada for at least 730 days within every five-year period if you are a permanent resident, or for the required period if you are a Canadian citizen. If you do not meet the residency obligations, your status may be jeopardized.

If you are the sponsored spouse and you leave Canada while your spousal sponsorship application is being processed, you may need to apply for a visitor visa or other temporary status to re-enter Canada, depending on your citizenship and the length of your absence. Additionally, leaving Canada may affect the processing time of your application, as the immigration officer may need to contact you or your spouse during the processing period.

Can I sponsor our children as well?

Yes, you may be able to sponsor your dependent children as part of a spousal sponsorship application to come to Canada. Dependent children are typically defined as those who are under the age of 22 and not married or in a common-law relationship. However, children over the age of 22 may also be considered dependent if they have depended on their parents for financial support due to a mental or physical condition.

To sponsor your dependent children, you will need to include their information and supporting documents in your spousal sponsorship application. This may include documents such as birth certificates, passports, and proof of financial support. If your children are over the age of 18 and not enrolled in full-time studies, they may also need to undergo a medical examination and provide police certificates as part of the application process.

It’s important to note that sponsoring dependent children may affect the processing time and eligibility criteria for the spousal sponsorship application. It’s recommended to consult with a qualified immigration lawyer or registered immigration consultant to ensure that you meet the requirements for sponsoring your dependent children and that your application is complete and accurate.

How to withdraw a spousal sponsorship application?

To withdraw a spousal sponsorship application in Canada, you will need to submit a written request to Immigration, Refugees and Citizenship Canada (IRCC) stating that you wish to withdraw the application. The request should include the applicant’s full name, date of birth, and the file number or application number.

You can withdraw the application at any time during the processing period, but it’s important to note that once the application has been approved and the sponsored spouse has been granted permanent residence, it may be more difficult to withdraw the application.

To submit the withdrawal request, you can send a letter or email to the IRCC office that is processing the application. You can also use the IRCC Web form to submit the request online. It’s important to provide as much detail as possible in the request to ensure that the application is withdrawn accurately and efficiently.

It’s recommended to consult with a qualified immigration lawyer or registered immigration consultant before withdrawing a spousal sponsorship application, as there may be other options or implications to consider.

How to get a proof of relationship letter for spousal sponsorship?

To obtain a proof of relationship letter for spousal sponsorship in Canada, you will need to provide evidence that you are in a genuine and continuing relationship with your spouse or common-law partner. This may include:

1. Personal statements: Both you and your spouse or common-law partner should provide written statements detailing your relationship history, including how and when you met, your shared activities and experiences, and your future plans.
2. Supporting documents: You should provide a variety of documents that demonstrate your relationship, such as joint bank statements, utility bills, lease agreements, or insurance policies that show both your names and your shared address. You may also include photos, travel itineraries, and other evidence of time spent together.
3. Letters of support: You may obtain letters of support from family members, friends, or colleagues who can attest to the genuineness of your relationship.

Once you have gathered these documents, you can compile them into a proof of relationship letter. This letter should summarize the evidence you have provided and explain how it demonstrates that you and your spouse or common-law partner are in a genuine and continuing relationship. The letter should be signed and dated by both you and your spouse or common-law partner.

It’s important to note that the requirements for a proof of relationship letter may vary depending on your specific situation and the immigration program you are applying for. It’s recommended to consult with a qualified immigration lawyer or registered immigration consultant to ensure that you provide the appropriate evidence for your spousal sponsorship application.

Can I sponsor my fiancé to canada?

No, you cannot sponsor your fiancé to Canada. In order to sponsor a partner for immigration to Canada, you must be legally married or in a common-law relationship.

In Canada, a common-law relationship is defined as a marriage-like relationship where two people have lived together continuously for at least one year. This means that if you and your partner are not legally married but have lived together for at least one year, you may be eligible to sponsor them as a common-law partner.

However, if you are engaged to be married but have not yet lived together for one year, you will not be eligible to sponsor your fiancé. In this case, you may want to consider applying for a visitor visa or work permit for your fiancé so that they can come to Canada temporarily while you plan your marriage and permanent immigration options.

It’s recommended to consult with a qualified immigration lawyer or registered immigration consultant to explore your options and determine the best course of action for your situation.

Can I sponsor my common-law partner to Canada?

Yes, if you are a Canadian citizen or permanent resident, you may be able to sponsor your common-law partner to immigrate to Canada.

In order to sponsor a common-law partner, you must be able to prove that you have been living together in a conjugal relationship continuously for at least one year. This means that you and your partner have been living together in a marriage-like relationship for at least one year, even if you are not legally married.

In addition to meeting the one-year cohabitation requirement, you must also meet other eligibility criteria as a sponsor, including being at least 18 years old, meeting certain income requirements, and being able to provide financial support for your partner for a period of three years.

Your common-law partner must also meet certain eligibility criteria as an applicant, such as being at least 18 years old, passing medical and security checks, and providing evidence of language proficiency if necessary.

It’s important to note that the sponsorship process for common-law partners is similar to that of spousal sponsorship, and can take several months to process. It’s recommended to consult with a qualified immigration lawyer or registered immigration consultant to explore your options and determine the best course of action for your situation.

References and Citations:

• Government of Canada, Immigration, Refugees and Citizenship Canada. “Sponsor your spouse, partner or child: About the process.” https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/process.html
• Government of Canada, Immigration, Refugees and Citizenship Canada. “Who can apply to sponsor a spouse, partner or child.” https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html
• Government of Canada, Immigration, Refugees and Citizenship Canada. “Sponsor your spouse, partner or child: Common-law partners.” https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/common-law.html
• Government of Canada, Immigration, Refugees and Citizenship Canada. “Sponsor your spouse, partner or child: About the process – Processing times.” https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/process.html#processing-times
• Government of Canada, Immigration, Refugees and Citizenship Canada. “Sponsor your spouse, partner or child: Who you can sponsor.” https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/who-you-can-sponsor.html

These sources provide detailed information about the eligibility criteria, application process, and processing times for spousal and common-law partner sponsorships in Canada.