Spousal sponsorship is an essential means of reunifying families in Canada for Canadian citizens and permanent residents, but can be an arduous process.
Sponsors have an obligation to support their sponsored spouse, common-law partner or conjugal partner for at least three years after becoming permanent residents, otherwise there could be legal consequences. If these obligations aren’t fulfilled they could face legal consequences.
1. Obtain a Sponsorship Application Package
If you want to sponsor your spouse or common-law partner, you will require a sponsorship application package containing an application to become their sponsor and an application for permanent residency for both of you. When completed, these applications should be sent together directly to IRCC.
Sponsorship packages consist of forms, supporting documents and instructions for submitting your applications. Depending on the nature of your relationship and circumstances surrounding its formation, supporting documentation required will differ according to which relationship type it falls under; examples include police certificates, medical examination reports or any additional required information. Security background checks will also need to be conducted using licensed immigration consultants as part of this process.
As the sponsor, you have certain responsibilities or obligations towards IRCC for the duration of your sponsorship agreement. These are designed to ensure that your sponsored spouse or common-law partner fulfills basic needs, is aware and compliant with Canadian laws and procedures, and does not become a burden on social assistance programs in Canada.
2. Submit Your Application
If you’re sponsoring a spouse, common-law partner or conjugal partner, make sure your application is completed and submitted on time. Make sure you pay any applicable fees such as the sponsorship fee, biometrics fee (fingerprints and photo) or any third-party fees.
Be sure to include all necessary documents when applying for sponsorship with IRCC; these checklists contain forms like the sponsorship evaluation and relationship questionnaire, use of representative form (if applicable), etc.
Don’t forget that spousal sponsorship is one of the Canadian government’s top priorities and processing times have never been faster. Still, meeting financial criteria, long-distance relationships and cultural differences may present obstacles; while lengthy processing times can put undue strain on sponsored families waiting for decisions. To minimize risk and make your life easier while waiting for an answer from officials, hiring an immigration professional could be invaluable.
3. Submit Supporting Documents
Spousal sponsorship falls under Family Sponsorship and involves both applications from both spouses/partners being sponsored for consideration for sponsorship. The process may be lengthy and require substantial amounts of paperwork.
Although affidavits aren’t required for this form of sponsorship, they can bolster an application by providing external validation of your relationship. Social media posts provide continuity and context while date/time stamps confirm its longevity.
The required documents for sponsorship within Canada or outside Canada depend on your type of sponsorship (inland or outside Canada) and relationship; however, IRCC has made a commitment to adjudicate most applications within twelve months. Therefore it is crucial that you start gathering documents early and organize them carefully; also becoming acquainted with IMM 5289 requirements will increase your chance of success; finally it would be wise to seek help from an authorized paid representative if available.
4. Wait for a Decision
Canadian citizens or permanent residents who sponsor foreign spouses make an agreement to provide support for three years – either domestically or internationally. This sponsorship commitment covers any circumstances.
Sponsors must sign an undertaking stating their ability to meet the basic needs of their sponsored spouse or conjugal partner and any dependent children they sponsor, through an “evidence-based assessment process”.
Spousal sponsorship applications filed within Canada must be processed while their spouse or conjugal partner resides under legal temporary status, such as visitor visa. Applications submitted outside Canada will be evaluated by the visa office that serves their country of origin or where they have resided legally for one year. IRCC then issues its decision and, where appropriate, arranges to grant permanent resident visas – otherwise the sponsored spouse/couple partner may challenge that decision in Federal Court.
