How to Obtain Spousal or Common-Law Partner Sponsorship to Canada

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How to Obtain Spousal or Common-Law Partner Sponsorship to Canada

Many Canadians have family members who are still abroad due to different circumstances. Being apart from family can affect one’s mental state, which is why uniting close family members has been a priority of the Bureau of Immigration in Canada. 

The Family Class Sponsorship Program was established to allow residents to sponsor relatives for immigration to Canada, and eligible members include spouses and common-law or conjugal partners, dependent children, grandparents, and parents. Family Class applications are highly prioritized in Canadian visa processing offices. 

If you’re considering immigrating your spouse or common-law partner through this program, then you may do so specifically under the Spousal Sponsorship Program, which is a subsection under the Family Class immigration category. Understanding the requirements for eligibility and ensuring the process goes smoothly can be accomplished with the right immigration consultant in Toronto. 

The Spousal or Common-Law Partner Category

Under the Spousal Sponsorship Program, a permanent resident or citizen of Canada can sponsor their spouse or common-law partner to gain permanent residence in the country. 

For this to take place, the Canadian citizen requesting for the sponsorship (referred to as the ‘sponsor’) and their legal partner of foreign national status (the ‘sponsored person’) need to be approved by the Immigration, Refugees, and Citizenship Canada (IRCC) for the issuance of a visa. One of the requirements for this is to prove that the relationship is genuine and qualifies under the category of a spouse, common-law partner, or conjugal partner. It is also important to note that Canada recognizes same-sex marriage, so any same-sex partners who qualify under the three categories and meet all eligibility requirements may also apply!

Types of Sponsorships

There are different routes that couples may take to apply for sponsorship, given their circumstances. 

Inland Sponsorship

Foreign spouses or partners that have had valid temporary status in Canada before, whether visitor, worker, or student, can apply under the Inland Sponsorship category. Persons being sponsored through this route may also be eligible for Open Work Permits while their applications are being processed. It is highly recommended that the sponsored spouse or common-law partner applies for an open work permit at the same time as their application for permanent residency. If this is not possible, then they may apply for an open work permit later on.

While an application is being processed, leaving Canada should be avoided since it doesn’t guarantee re-entry, particularly if visitor visas are required. Applications for permanent residency through spousal sponsorship that are denied will mean that the sponsored person must leave Canada once their temporary visa has expired. 

Your immigration advisor will be able to give an estimate as to when you might expect your application to be processed, but the CIC claims to process such applications within the span of 12 months.

Outland Sponsorship

Outland sponsorships apply to sponsored persons living outside of Canada; however, it is also possible for sponsored persons in Canada to apply for permanent residency in this manner, as it allows travel in and out of Canada throughout the application process. However, note that the Canadian immigration authorities will determine whether reentry shall be granted to the sponsored person during the application process.

Outland applications are processed at the office of the applicant’s home country or the country of their latest legal residence for the past year. Processing times will vary depending on the country. 

What Happens After Sponsorship

Once the application has been filed, processed, and approved by your immigration agency under the Spousal Sponsorship Program, keep in mind that there are several conditions that should be met:

  • The sponsor must be financially responsible for the sponsored person for a period of three years after the sponsored person is granted permanent residency.
  • Sponsored persons are not allowed to sponsor a spouse five years after obtaining permanent Canadian residency.

Conclusion

By working with Toronto immigration services, it is possible for you to bring your loved one to Canada, given that they meet the requirements and follow the application process properly. While application times may vary depending on several factors, IRCC’s commitment to prioritize these Family Class applications could mean that your spouse or partner could be joining you as a resident of Canada sooner than you anticipate. 

Bright Immigration is one of the most trusted immigration agencies in Toronto. 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.
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