Getting Approved: Common Law or Canadian Spousal Sponsorships

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Getting Approved: Common Law or Canadian Spousal Sponsorships

Immigration applications can be tricky. If you get one thing wrong or miss a requirement, then it’s a sure way to get it returned to you, causing you to have to start the process all over again. This is especially true when it comes to sponsoring your spouse or partner for immigration to Canada. 

The goal is to get your application accepted for processing and approval on the first submission attempt. With the help of an immigration expert and these tips, you can be more confident in your application being accepted. 

Know the Different Categories and Requirements for Partner Sponsorship

There are three categories eligible for spousal or common-law partners with two methods of sponsorship. Here are the three categories your relationship may fall under:

  1. Spouse – an individual that you are legally married to
  2. Common-Law Partner – a partner that you are in an exclusive, committed relationship with and with whom you have lived for at least one year
  3. Conjugal Partner – a partner that you are in an exclusive, committed relationship with for at least a year but with whom you are unable to marry or live due to external reasons

There are two types of sponsorship that are valid for immigration to Canada, which are:

The Family Class Sponsorship 

This sponsorship is typically processed in an office outside of Canada, and spouses may or may not live with each other. It’s important to note that only Canadian citizens can sponsor while residing outside of Canada. 

While the sponsored spouse is processing their application, they cannot apply for a work permit in Canada, though travel is permitted during processing. 

The Inland Spouse or Common-Law Partner Sponsorship

Unlike the Family Class Sponsorship, the Inland Spouse or Partner Sponsorship is processed inside Canada, including the interviews. Both the sponsor and the sponsored spouse must live together during the processing period, and in this case, the sponsored spouse can apply for an open work permit in Canada while the sponsorship application is ongoing. They can also work before the application is approved. However, travel outside Canada is typically not recommended, and there is no appeal granted when the application is refused or denied. 

Meet All Eligibility Criteria Before Applying

When working with a Canadian immigration company, you will certainly be told not to submit any application unless you meet the full set of criteria for eligibility. For instance, unmarried couples who do not meet common-law partners’ definition will turn in an application that is guaranteed a refusal! 

Making sure that all forms and supporting documents are properly filled up and signed after the date you become eligible is required; otherwise, you will have to start the process over again. 

Use the Updated Forms

While this seems like a no-brainer, some couples make the mistake of using outdated forms when accomplishing their application. CIC changes these forms frequently, so ensuring that you stay updated with the correct forms will prevent your application from getting denied. 

Forms will have a validity date indicated on them to help you ensure that you’re using the latest version. You can refer to a reputable immigration consultant in Toronto to ensure that your application is up to date. 

Remember, it’s also important to fill up every single field on the form. Use N/A if it does not apply to you. 

Keep Temporary Status in Canada Until the Application Is Finalized

While waiting for permanent residency, it’s crucial to ensure that you have a valid temporary status until your application is approved. You will need to extend your temporary status by applying for an extension of your visitor record, work permit, or study permit. Those who are out of status inside Canada can opt to apply for Permanent Residence under the inland category using the public policy for out of status spouses. 

Conclusion

Overall, getting your spouse to immigrate to Canada is certainly possible with careful attention to detail. Understanding all the requirements and ensuring that you meet all the criteria is crucial for the application to be considered upon the first submission. Enlisting an immigration expert’s help will ensure that you are updated with all the forms, requirements, and criteria to fulfill a successful application. 

At Bright Immigration, we are an immigration agency in Toronto that’s committed to making a difference by providing quality legal care and immigration assistance to all who need it. If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.

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Expert help, expert care

Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.

Expert help, expert care

Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.
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