Sponsorship

Immigration Sponsorship

Spousal Sponsorship Canada

Canadian law has very strict requirements about what may qualify for sponsorship.

If you are interested in sponsoring your spouse or partner, you will have to meet some basic requirements to prove that you are eligible and able to financially provide for their basic needs.

You will also have to prove that your relationship is genuine in the sponsorship application. To assess whether a relationship is genuine, immigration officials will look at a variety of factors, including but not limited to the development of the relationship, evidence of communication, evidence of visits if the couple is separate, evidence of cohabitation if living together, evidence of interdependence, public recognition of the relationship etc.

Other factors include the nature and duration of the relationship prior to entering the marriage, the compatibility of the spouses, and whether the marriage was conducted in the presence of family and friends and in accordance with cultural norms and traditions.

You will have to provide all relevant documentation to ensure that there are no doubts to the genuineness of your relationship. Overall, immigration authorities are looking for a real, loving, close relationship.

Many sponsorship applications are refused as a result of the applicants' inability to demonstrate that their marriage is genuine.

There are three categories of spouse or partner sponsorship in Canada.

As a Canadian citizen or permanent resident, you can sponsor your:

1. spouse,
2. common-law, or
3. conjugal partner

Each category has its own qualifying eligibility.

For all relationship types, there must be a conjugal or marriage-like relationship. For that to exist, you must prove that it is an exclusive relationship with a high degree of attachment and interdependence.

1. Canadian Spousal Sponsorship

The first category is the sponsorship of a spouse. Canada welcomes both same-sex and opposite-sex relationships!

Canadian spousal sponsorship is the process of a Canadian citizen or permanent resident sponsoring their partner to live in Canada permanently.

A spousal relationship is a marital relationship. The marriage can be performed in any country and will be recognized as valid by the Canadian immigration authorities as long as it was conducted in accordance with the laws of that country and is otherwise consistent with Canadian law.

Whether you were legally married in Canada or in any other country, you will be required to submit a valid marriage certificate as evidence of the marital relationship. In the context of immigration, it plays a crucial role in satisfying the immigration authorities that the marriage is legitimate and meets the requirements for sponsorship applications.

In a spousal sponsorship application, you must provide evidence of the marriage as it must be legal and valid in the country that it took place in. If you were married outside of Canada, then you will be required to provide documentation that the marriage was recognized. In addition, the marriage must be in accordance with Canadian Federal Law.

In cases where there is an annulment or divorce of a previous marriage, immigration officers may need to assess the validity of the foreign decree.

We can help you sponsor your spouse to Canada. Here are some important things you must know to begin the spousal sponsorship process.

Spousal Sponsorship Requirements for Canadian Sponsor

A sponsor is required to provide for the basic needs of their sponsored spouse/partner. You must also meet certain obligations and eligibility criteria.

Spousal Sponsorship Requirements for a Canadian Sponsor

To sponsor a spouse:

1. You must be at least 18 years old
2. You are a Canadian Citizen, permanent resident, or a person registered as Indian under the Canadian Indian Act.
3. You must live in Canada and plan to remain in Canada when your spouse/partner comes to Canada so that you can provide for his or her basic needs. Canadian citizens are allowed to sponsor while they are living abroad but they must show that they intend to move back to Canada if their application is successful.
4. You will have to show that you are able to provide for the basic needs of your spouse/partner. This includes employment records and certain financial records.
5. You are not receiving social assistance for reasons other than disability
6. You are not an undischarged bankrupt
7. You are not in default of any support payments ordered by a court
8. You are not in default of any previous sponsorship undertaking
9. You have not been convicted of any crime involving bodily harm to a relative or partner
10. You have not been convicted of a crime punishable by more than 10 years imprisonment
11. You have not been convicted of a crime of sexual nature
12. You are presently not detained in any prison
13. You are not subject to a removal order
14. You will sign an undertaking to be financially responsible for your spouse, upon arrival to Canada for a period of 3 years

Spousal Sponsorship Requirements for a Foreign Spouse

The foreign spouse:

1. Must be at least 18 years old;
2. Must not be inadmissible to come to Canada

It is important to note that Quebec has specific conditions to become a sponsor. Your application can be refused if you fail to meet the eligibility criteria and conditions set out in Canadian immigration law.

B: Canadian Sponsorship of a Common Law Partner

Canadian Sponsorship of a Common Law partner

A Canadian citizen or permanent resident can sponsor their common-law partner for permanent residence in Canada. The Canada common law sponsorship process is nearly identical to the spousal sponsorship category, except that the sponsor and applicant must demonstrate a common-law relationship, which is more complicated than a marriage.

WHAT IS A COMMON LAW RELATIONSHIP?

A common-law partner is defined in Canada as an individual who is cohabiting with another person in a conjugal or marriage-like relationship for a period of at least 12 months (one year) without any extended periods apart. Short and temporary breaks of cohabitation are allowed.

Cohabiting means living together, so in other words to qualify as common-law partners the sponsor and the partner being sponsored must have been living together in a conjugal, or marriage-like, relationship for a period of at least 12 consecutive months.

This relationship stands even if they are not legally married. The parties can be of the opposite sex or the same sex as the sponsoring partner.

A common-law relationship is almost the same as a marital relationship except that the couple are not married. While marriage is a legal institution recognized by a legal certificate, a common-law relationship is proven through evidence of cohabitation and shared life. It should be distinguished from a purely casual or non-committal boyfriend-girlfriend or similar relationship.

In certain cases, a common-law relationship where one partner is married to a third-party but separated, can be recognized.

PROVING A COMMON-LAW RELATIONSHIP

When assessing a common-law relationship the immigration authorities are primarily concerned to see that the couple has been living together for at least one year. The immigration authorities will expect proof of a common-law relationship and will not accept at face value that two people are living together just because they say so.

The most common evidence used to establish a common-law relationship are:

1. Lease or rental agreements in both partners names and demonstrating that the couple have been at the same address for at least one year,
2. Utility bills in both partners names going to the same address,
3. Joint bank accounts with both names and addresses listed,
4. Income tax returns showing the partners listed as being spouse/partner.

This list is not exhaustive and there may be other documents that can be provided to establish a common-law relationship depending on the circumstances of each case.

PROVING YOUR RELATIONSHIP IS GENUINE

In addition to showing that they have been living together for at least one year in a conjugal relationship, those applying under the common-law partner category must also show that their relationship is genuine, meaning that they are in a real relationship and that the application is not simply for immigration purposes.

The immigration authorities will also expect evidence of how the relationship developed and demonstrating that the couple have family and community support, among other evidence.

Common law sponsorship Requirements for the Canadian Sponsor

To sponsor a common law partner:

1. You must be at least 18 years of age
2. You must be a Canadian citizen, a permanent resident, or a person registered under the Canadian Indian Act;
3. You must be living together with your common law partner in a marriage-like relationship for at least 12 consecutive months;
4. You must live in Canada unless you are a Canadian citizen living outside of Canada who plans to move back home
5. You must not have sponsored someone as a spouse, common law partner or conjugal partner within the last 5 years
6. You cannot sponsor if you are still financially responsible for a previously sponsored spouse/partner, and it has been less than 3 years since he or she became a Canadian permanent resident
7. You must be willing and able to provide for the basic needs of your sponsored partner by signing a 3 year undertaking to be financially responsible for him or her when he or she settles in Canada
8. You must not have already applied to sponsor your partner and a decision has not been made on the Application.
9. You must not be married to the person who is being sponsored.
10. You cannot be subject to a removal order
11. You cannot be detained in any prison, penitentiary, jail or reformatory.
12. You cannot be convicted of any sexual crimes or violent offences or an offence that caused bodily harm to specific family relatives.
13. You must not be in financial default for any previous undertaking, immigration loan, or court-ordered support payments
14. You cannot be bankrupt, and that bankruptcy has not been discharged
15. You cannot be on social assistance for any reason other than disability.

Requirements for a Foreign Common Law Partner

The foreign common law partner:

1. Must be at least 18 years old;
2. Must not be inadmissible to come to Canada.

Both the sponsor and the applicant must prove that their common law relationship is genuine, and it was not entered into primarily to acquire immigration status in Canada.

The Canadian immigration authorities will examine the relationship to assess the development of the relationship, the compatibility of the partners, the duration of the relationship, the quality of the relationship, among other factors, in assessing the genuineness of the relationship.

We can help you sponsor your common-law partner to Canada. Contact us today to begin the sponsorship process.

C: Canadian Sponsorship of a Conjugal Partner

The Canadian conjugal partner sponsorship process allows for a Canadian citizen or permanent resident to sponsor their partner to live in Canada permanently.

As this category of sponsorship is for exceptional cases, immigration officials must be satisfied that the couple are in a marriage-like relationship for at least a year but are not married or cohabitating due to reasons beyond their control.

A conjugal partner relationship is when two people are in a marriage-like relationship for at least a year but are not married nor are they cohabitating due to reasons beyond their control. The conjugal partner category is considered an exceptional category due to the nature of the extenuating circumstances. There must be significant barriers preventing the couple from either living together or marrying, therefore preventing them from qualifying for spousal or common-law partner sponsorship. These barriers may include:

• Marital Status, for example, your partner is still married to someone else in a country where divorce is not possible.
• Sexual Orientation, for example, being in a same-sex relationship is not accepted or illegal in your partner's country of residence.
• Persecution, for example, your relationship can cause your partner to be punished socially or legally due to belonging to differing religious groups.

IMPORTANT NOTICE: You will not be considered for conjugal partner sponsorship if you or your partner willingly chose not to marry or live together.

The IRCC considers a conjugal partner relationship as marriage-like, but they are unable to qualify due to barriers to them living together or marrying each other. The IRCC looks for evidence that the couple views each other as their permanent partner, for example, naming each other as their insurance beneficiary. It is important to note that this is an exceptional sponsorship category and is not intended to sponsor your fiancé to Canada.

Since the cornerstone of conjugal partner sponsorship is that there are reasons beyond their control that prevent the couple from living together or marrying, so you need to be able to prove your circumstances and why you do not qualify for the other categories of sponsorship. Additional documents and evidence may be required to establish that the relationship is genuine, marriage-like, and meet the criteria to be conjugal. Documentary evidence can include:

• Joint bank account statements.
• Shared expenses.
• Beneficiary documents.
• Communication.
• Photos of the couple together, as well as with friends and family, if possible.
• Any other document that can function as proof that you are together.

Keep in mind that the information above such as photos and letters will not be returned. Other documents like marriage certificates and passports are usually returned. Make sure all the copies you send are certified. Do not send original certificates.

CONJUGAL PARTNER SPONSORSHIP REQUIREMENTS FOR THE CANADIAN SPONSOR

1. You must be at least 18 years of age
2. You must be a Canadian citizen, permanent resident or a person registered under the Canadian Indian Act
3. You must live in Canada unless you are a Canadian citizen living outside of Canada that plans to move back home
4. You cannot have sponsored someone as a spouse or common law partner within the last 5 years.
5. You cannot sponsor if you are still financially responsible for that previously sponsored spouse or partner and it has been less than 3 years since he or she became permanent resident.
6. You must be willing and able to provide for the basic needs of your sponsored partner by signing a 3 year undertaking to be financially responsible for him or her when he or she settles in Canada.
7. You must not have already applied to sponsor your partner and a decision has not been made on the application.
8. You must not be subject to a removal order
9. You cannot be detained in any prison, penitentiary, jail or reformatory
10. You cannot be convicted of any sexual crimes or violent offences or an offence that caused bodily harm to specific family relative.
11. You must not be in financial default for any previous undertaking, immigration loan, or court ordered support payments.
12. You cannot be bankrupt, and that bankruptcy has not been discharged
13. You cannot be on social assistance for a reason other than disability.

The following situations are considered conjugal relationship:

1. There is mutual commitment to each other
2. It must be an exclusive relationship
3. It must have a high degree of intimacy
4. Mutual interdependence in all aspects of each other's lives (emotional, financial, physical etc)
5. A permanent, genuine, long term relationship
6. They must be recognized as a couple by others
7. The couple either has children together or are taking care of them together.

Spousal Sponsorship Requirements for a Foreign Conjugal Partner

The foreign conjugal partner:

1. Must be at least 18 years old;
2. Must not be inadmissible to come to Canada

Manafa Law Office has extensive experience successfully assisting the spouses and partners of Canadians to apply for permanent residence. Please fill out the Family Sponsorship Assessment form to see if we can help you sponsor your spouse or partner.

Foreign Spouse Must Not Have Criminal Convictions

A foreign spouse with a criminal conviction, such as shoplifting or impaired driving, that is or could be the equivalent of an indictable offence in Canada can cause an applicant to be criminally inadmissible in Canada. This means that a person cannot be sponsored or otherwise enter Canada.

One way to overcome an issue of inadmissibility is to obtain a pardon, if the conviction was in Canada. Another way to overcome inadmissibility barriers is making an application for rehabilitation. Such an application can be made if five years have passed from the day of completing the criminal sentence.

During the sponsorship application process, your spouse or partner will be required to pass a medical examination and a criminal background check.

Outside Canada sponsorship

If the sponsored partner or both the sponsor and the sponsored partner live outside of Canada, then they may submit an Outside-Canada sponsorship application to be processed by a Canadian visa office abroad. This visa office is usually located in a Canadian embassy or consulate in the same or neighbouring country as where the sponsored partner lives.

When the application is submitted, the sponsored partner may travel to Canada to visit the sponsor, if they have obtained a temporary visa or are from a visa-exempt country. However, as detailed above, immigration authorities are resistant to admit conjugal partners of Canadians as their intention is to remain in Canada permanently and they are not genuine visitors. If a sponsored partner wishes to apply for a temporary visa, then they will have to prove that their visit is temporary, and they plan to return to their country of residence. If the sponsored partner is from a visa-exempt country, then they are not required to obtain a temporary visa and can travel to Canada for a maximum of 6 months.

It is important to note that permanent residents must live in Canada while the sponsorship application is in process, but Canadian citizens can live abroad. A Canadian citizen living abroad who wishes to sponsor their partner must prove that they intend to return to Canada if the application is successful. Additionally, those who choose to submit an Outside-Canada application have the added advantage of being eligible for appeal to the Immigration Appeal Division (IAD) if the application is refused.

SPONSORING DEPENDENT CHILDREN

Canadian citizens and permanent residents can sponsor their foreign-born dependent child or children to immigrate to Canada. A dependent child means a child under the age of 22 who is unmarried and not in a common-law relationship. The child may be your biological or adopted child.

The dependent children of a spouse or partner must be added to the sponsorship application so that the Government of Canada can examine them. Being examined means that although they are not coming to Canada, they still need to provide security/criminal checks and a medical exam. This is so they can be sponsored later, if necessary. If they are accompanying their sponsored parent to Canada, then additional documentation may be needed, including one where the other parent grants consent to their travel and stay in Canada.

If one of the parents of the dependent child is a Canadian citizen or the child was born in Canada, then they may already be considered Canadian citizens and will not need to be sponsored.

REQUIREMENTS TO SPONSOR

To be eligible to sponsor your child to Canada, you must meet the following requirements:

• Be at 18 years of age.
• Reside in Canada.
• Be willing to sign a 10-year undertaking to be financially responsible for the child once he or she arrives to Canada.

RESIDENCY REQUIREMENTS OF SPONSOR

Permanent residents must reside in Canada while their sponsorship application is processing.

Citizens are exempt from this requirement and may live abroad while their application is processing.

However, citizens living abroad will need to provide proof that they intend to return to Canada once the sponsored child or children have been granted permanent residency.

REQUIREMENTS TO QUALIFY AS A DEPENDENT CHILD

To begin with, the child must meet Canada's definition of a dependant in order to qualify for sponsorship as a dependent child. For a child to be considered for immigration to Canada under child sponsorship program he/she:

• Must be under 22 years of age and unmarried and not in a common law relationship. However, the child may have dependent children of his/her own.
• For children who are above 22 years old, it must be proven that they are unable to support themselves financially due to a physical or mental condition and have depended on their parent for financial support since before reaching the age of 22.

You can only sponsor your own biological child. For adopted children, the sponsoring application process is different. Any sponsored family member, whether a child or spouse/partner, must not be inadmissible to Canada. For instance, if the person has committed a criminal offence in the past or has a medical condition that poses a risk to Canadian public health and safety, he/she may be declared inadmissible to Canada and you cannot sponsor this person whether it's a child or spouse. If your child sponsorship application is denied due to inadmissibility, a child immigration sponsorship lawyer can advise on the next steps to take. This is because there are certain exemptions from medical inadmissibility for sponsored family members. For instance, if a child has a medical condition that requires costly treatment, they may not be denied immigration to Canada based on that condition. Having sound legal advice will ensure that you understand your rights and get the help needed to increase your chances of a successful application.

ADOPTED CHILDREN

Children who are adopted outside of Canada, or will be adopted once they arrive in Canada, can be sponsored for permanent residence, or in some cases can apply directly for Canadian citizenship. The adoption must conform to the legal requirements of both the birth country and of Canada. When processing such applications, the immigration authorities will assess whether they believe that the adoptive relationship is a genuine child-parent relationship, or whether the adoption it is simply intended to facilitate the immigration of the child to Canada, the latter being a ground for refusal. The immigration authorities will also assess whether they believe the adoption to be in the best interests of the foreign child. If they believe that the child's interests would be better served by remaining in the home country, they may reject the sponsorship application on this basis. In all cases of adoption, the genuine and informed consent of the biological parents must be obtained.

SPONSORING AN ORPHANED CHILD OF A CLOSE RELATIVE

An orphan is a child whose parents are both deceased. Orphans under the age of 18 and who are unmarried can be sponsored by a Canadian citizen or permanent resident, provided that the orphan is the brother or sister, nephew or niece, or grandchild of the Canadian sponsor.

SITUATIONS THAT CAN RESULT IN A PARENT BEING INELIGIBLE TO SPONSOR THEIR CHILD

Parents, who are at least 18 years old and are Canadian citizens or permanent residents may not be allowed to sponsor their child in the following situations:

• If the parent is a permanent resident but is residing outside of Canada. Permanent residents must reside in Canada in order to sponsor a foreign child. In some cases, a visitor visa (TRV) may be obtained for the child if it is born outside of Canada so that the child can return to Canada with the permanent resident parent and be sponsored from within Canada. Canadian citizens residing outside of Canada can file a child sponsorship application, however, they must demonstrate their intention to live in Canada with the sponsored child once the application is approved.
• If the parent is receiving social assistance for a reason other than a disability.
• If the parent has been imprisoned or committed a criminal offence especially offences against relatives.

Parents will usually not be required to meet an income requirement unless the dependent child that is being sponsored also has dependent children of their own. In this case, the parent must show that they are able to support the financial needs of the dependents.

Need Help?

Contact us for more information about the Dependent Sponsorship application process or for assistance in preparing an application.

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BRING YOUR FOREIGN PARENTS TO LIVE IN CANADA

Canadian citizens and permanent residents can sponsor parents or grandparents to Canada. Sponsored parents and grandparents will obtain permanent resident status, allowing them to live in Canada indefinitely, to work or study if they want to, and to access social services such as medical care.

A parental sponsorship application is a two-step process whereby the Canadian applies to be approved as a sponsor, then once this application is accepted, the foreign parents or grandparents apply for permanent residence on this basis.

Basic Requirements to Sponsor Parents and Grandparents to Canada:

1. Income Requirement – The Canadian sponsor has to show income at least 30 percent above the LICO (low income cut-off level) in order to meet the minimum necessary income requirement. The amount of income required is based on total family size, including the sponsor, his or her immediate dependents, and the family members being sponsored, including any dependents that they may have.

2. Income Requirement is for Three Years – The sponsor has to show that they have met the minimum necessary income requirement for the past three years.

3. Notice of Assessment(s) is the Only Evidence of Income – To prove their income, sponsors may only use their income tax returns as documentary evidence, as the immigration authorities will not consider other evidence of income.

4. 20 Year Sponsorship – The sponsor has to agree to be financially responsible for the parent or grandparent for a period of 20 years.

5. 15,000 Applications Limit – Only 15,000 applications will be accepted this intake year. This cap renews every year and after it is filled, parental sponsorship will be closed until the next year.

If the Canadian sponsor is approved, the parental sponsorship application will be processed at a Canadian immigration office or visa office. The typical processing time is approximately one year. Once approved the foreign parents will be issued permanent resident visas that they can use to travel to Canada, and they will become permanent residents upon entry into the country.

SUPER VISAS FOR PARENTS AND GRANDPARENTS

The general policy of the Canadian immigration authorities is not to issue visitor visas to family members who are being or may be sponsored. An exception to this policy is the Super Visa for parents and grandparents of Canadian citizens or permanent residents.

Super Visa is a type of visitor visa which allows parents or grandparents to visit Canada for up to two years at a time. They are typically 10-year multi-entry visas. To qualify for such a visa the Canadian child or grandchild must show that they can financially support the visit, and the visiting parents or grandparents must purchase private medical insurance.

OTHER RESTRICTIONS

As with most other immigration applications, sponsored immigrants must pass criminal record checks, security checks, and medical tests to ensure that they are not inadmissible. A Canadian sponsor must also meet various criteria, including that they have sufficient income, are not bankrupt or collecting social assistance, have not been convicted of certain crimes, and they are not in default of a previous sponsorship.

APPEALS

It will sometimes happen that an application to sponsor a family member is rejected by the immigration authorities. Refusals occur for many reasons, the common ones being that the sponsor does not have sufficient income to qualify as a sponsor, or the applicant is inadmissible to Canada due to criminality, misrepresentation, or health concerns. Most refusals of family sponsorship applications are made to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. These appeals must be made within 30 days of the sponsor's receipt of the refusal decision in writing.

IAD has equitable jurisdiction, which means that the judge may allow the appeal on humanitarian and compassionate grounds even if they are satisfied that the decision is correct in law. Some types of sponsorship refusals are not able to appeal to the IAD because the IAD does not have legal jurisdiction, for example refusals of previously undeclared relatives. In these circumstances, an appeal may be made to the Federal Court.

WE CAN HELP SPONSOR YOUR PARENTS TO CANADA

The Immigration Law Firm of Matthew Jeffery specializes in sponsoring parents and grandparents to become permanent residents in Canada with high success rates. Fill out our FREE Family Sponsorship Assessment form to see if we can help you with your immigration matters.

Need Help?

Contact us for more information about the Relative Sponsorship application process or for assistance in preparing an application.