Sponsoring your spouse for immigration to Canada is a significant step toward building a future together in one of the most welcoming countries in the world. The spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency in Canada. If you’re a Canadian citizen or permanent resident, you can help your partner become a permanent resident of Canada through this process. But how exactly does it work, and what do you need to know to ensure a smooth application? In this blog post, we’ll walk you through the essential steps to sponsor your spouse for Canadian immigration.
Eligibility Requirements for Spousal Sponsorship
Before you begin the sponsorship process, both you (the sponsor) and your spouse (the applicant) must meet certain eligibility criteria. Here’s what you need to know:
- Sponsor Eligibility:
- You must be at least 18 years old.
- You must be a Canadian citizen or a permanent resident of Canada.
- If you are a Canadian citizen living outside of Canada, you must prove that you plan to return to Canada once your spouse’s permanent residency is approved.
- You cannot sponsor a spouse if you are already sponsoring another person or if you have been convicted of certain criminal offenses (e.g., violent crimes or serious criminal activities).
- You must demonstrate that you can financially support your spouse and any dependents, ensuring they do not rely on social assistance.
- Applicant (Spouse) Eligibility:
- Your spouse must be your lawfully married partner or a common-law partner (living together for at least one year).
- If your spouse is outside Canada, they may need to complete medical, police clearance, and background checks.
- If your spouse is in Canada and has overstayed a visa or has temporary status, they can still apply for spousal sponsorship, but specific conditions might apply.
Types of Spousal Sponsorship
There are two main types of spousal sponsorship programs for Canadian immigration:
- Inland Sponsorship:
- If your spouse is already in Canada on a temporary visa (e.g., study or work permit), they can apply for inland sponsorship. This allows them to stay in Canada while the application is being processed, and they may also be eligible to apply for an open work permit while awaiting the decision.
- Inland sponsorship requires the couple to live together in Canada during the application process.
- Outland Sponsorship:
- If your spouse is living outside of Canada, you would apply through the outland sponsorship process. This type of application is processed through Canadian visa offices in your spouse’s country of residence.
- Outland sponsorship can often be processed more quickly compared to inland sponsorship, and it allows your spouse to stay in their home country while waiting for their permanent residency approval.
Step-by-Step Guide to Sponsoring Your Spouse
- Determine Your Eligibility: The first step in the process is to ensure that both you (the sponsor) and your spouse (the applicant) meet the eligibility criteria as outlined above.
- Complete the Application Package: The next step is to gather and complete the necessary application forms. This will include forms for both the sponsor and the applicant. Some key forms include:
- Application for Permanent Residence in Canada (IMM 0008)
- Sponsor Forms (IMM 1344)
- Background Check Forms (for the spouse)
- Medical and Police Clearance Certificates (for the spouse)
- Submit Your Application: Once your application is complete, you must submit it to Immigration, Refugees and Citizenship Canada (IRCC) or the appropriate Canadian visa office, depending on whether you are applying through inland or outland sponsorship.
- Wait for Processing: After submitting your application, the IRCC will process your request. Processing times vary, depending on whether the application is inland or outland, and the complexity of the case. During this period, additional documents or information may be requested.
- Medical and Criminal Checks: As part of the process, your spouse will need to undergo a medical examination and provide police clearance certificates from all countries they have lived in for more than six months since turning 18. These checks ensure that your spouse is admissible to Canada and has no criminal history that could prevent them from becoming a permanent resident.
- Decision and Approval: Once your spouse’s application is approved, they will receive a Confirmation of Permanent Residence (COPR). If your spouse is already in Canada, they can become a permanent resident right away. If they are outside Canada, they will need to submit their passport to the Canadian embassy or consulate for visa issuance.
- Post-Approval Steps: After your spouse receives their permanent residency status, they can now live and work freely in Canada. They will also receive their Permanent Resident (PR) card, which is necessary for traveling outside of Canada.
Common Issues and Challenges to Be Aware Of
While sponsoring a spouse for immigration is a straightforward process for many, there are common issues that applicants and sponsors face during the application:
- Proof of Relationship: One of the most challenging aspects of spousal sponsorship can be proving the genuineness of your relationship. IRCC is meticulous when it comes to verifying whether the marriage or partnership is genuine and not entered into solely for immigration purposes. Be prepared to submit substantial evidence of your relationship, such as joint bank accounts, photos, communication history, and more.
- Application Delays: Processing times can vary, and delays are common in some cases. IRCC may request additional documentation or clarification, which can further prolong the process.
- Health and Criminal Issues: If your spouse has a criminal record or serious health conditions, this may delay or even prevent their sponsorship. Always ensure your spouse has completed all required medical exams and provided police clearance certificates to avoid complications.