Spousal Sponsorship Application To Canada

Canada is known for its openness to immigrants and has a well-established family reunification program. The Spousal Sponsorship program is one of the most popular ways for Canadian citizens and permanent residents to bring their spouse or common-law partner to Canada. This program allows the sponsored individual to obtain permanent residence in Canada and enjoy the same benefits as other permanent residents. Markham Immigration Law Office of Ronen Kurzfeld can help clients with any aspect of the Canadian spousal sponsorship immigration stream. In this article, we will discuss the spousal sponsorship application process in Canada.

Who is Eligible to Sponsor?

To be eligible to sponsor your spouse or common-law partner, you must meet the following requirements:

• You must be a Canadian citizen or permanent resident.

• You must be at least 18 years old.

• You must not be receiving social assistance for a reason other than a disability.

• You must be able to provide for the basic needs of your spouse or partner.

• You must not be in default of a previous sponsorship undertaking, any court order for family support payments, or any immigration loan payments.

Who is Eligible to be Sponsored?

To be eligible to be sponsored as a spouse or common-law partner, the person must meet the following requirements:

• They must be married to the sponsor or have been living with the sponsor in a common-law relationship for at least one year.

• They must be at least 18 years old.

• They must not be too closely related to the sponsor.

• They must not be inadmissible to Canada for criminal or medical reasons.

Application Process

The spousal sponsorship application process involves two main stages: the sponsorship application and the permanent residence application. The sponsor must first apply to sponsor their spouse or common-law partner. Once the sponsorship application is approved, the sponsored individual can then apply for permanent residence in Canada.

Sponsorship Application

The sponsorship application is the first step in the spousal sponsorship process. The sponsor must complete the Application to Sponsor, Sponsorship Agreement, and Undertaking (IMM 1344) form. The form requires information about the sponsor's personal information, financial information, and information about their spouse or common-law partner.

The sponsor must also provide supporting documents, including proof of identity, proof of Canadian citizenship or permanent residence, proof of income, and a police certificate. The police certificate must be obtained from the country or countries where the sponsor has lived for six months or more since the age of 18.

Once the sponsorship application is completed, it must be submitted to Immigration, Refugees and Citizenship Canada (IRCC) along with the appropriate fees.

Processing Times

The processing time for a sponsorship application varies and depends on various factors such as the number of applications received, the location of the processing office, and the complexity of the application. IRCC updates the processing times on its website regularly. Currently, the processing time for a spousal sponsorship application is approximately 12 months.

Conditional Permanent Residence

If the sponsored spouse or common-law partner has been in a relationship with the sponsor for less than two years, they will be granted conditional permanent residence. This means that they will be issued a temporary permanent resident visa that is valid for two years. After two years, the sponsored individual must apply to remove the conditional status.

To remove the conditional status, the sponsored individual must submit an application to IRCC along with supporting documents that demonstrate that the relationship with the sponsor is still genuine and ongoing. The sponsored individual must also provide evidence that they have been living with the sponsor for the duration of the conditional period.

Permanent Residence Application

Once the sponsorship application is approved, the sponsored individual can apply for permanent residence in Canada. The permanent residence application includes several forms that must be completed, including the Application for Permanent Residence in Canada (IMM 0008) and the Schedule A Background/Declaration form (IM.