Spousal Sponsorship

Moving abroad and leaving your loved ones on opposite coast is not easy. Immigration, Refugees and Citizenship Canada (IRCC) strongly supports family reunification, thus spousal sponsorship application processing is given the highest priority at Canadian Visa Offices.

One of the objectives of Canadian government is to see that families are reunited in Canada.  Spousal sponsorship program is the most demanded stream under family class immigration. Processing time was recently reduced from 26 to 12 months for 80% of applications for both in-Canada and outside of Canada cases.

The spouse, common-law partner or conjugal partner looking to immigrate to Canada under spousal sponsorship category must be sponsored by a Canadian citizen or permanent resident. If you applied to sponsor spouse outside Canada, once decision is made and sponsorship application is approved, Canadian immigration authorities will issue the applicant Canada Spouse Visa (a confirmation of permanent residence).

Applicant (person being sponsored) will become permanent resident upon landing in Canada, and must enter Canada before the expiry date, which appears on temporary visa.

If you are looking to apply for spousal sponsorship inside Canada, application is being processed first and once approved, applicant’s status will change from temporary to permanent. Spousal sponsorship within Canada gives an opportunity to person being sponsored and living in Canada to apply for an Open-Work Permit.

While spousal sponsorship might not be an option for you at this time, you may also consider temporary residence program such visitor visa.

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Spousal sponsorship timeline

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APPLICATION PACKAGE

Complete all forms and prepare all supporting documents required for your situation. Application package may differ based on applicant’s country of residence, as well as documents issued by other countries. If you’re applying under the Spouse or Common-Law Partner in Canada class, your spouse or partner may be also eligible to apply for an Open Work Permit.

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LETTER OF ACKNOWLEDGEMENT

At this point processing starts. IRCC will not send an acknowledgement of receipt until they have opened your application and checked that it is complete. As you go through the process, you may receive requests for additional documents. Make sure to check your online account and email for updates.

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MEDICAL EXAMINATION

IRCC will provide deadline and instructions on how to get medical exam done. You must go for your medical exam within 30 days of receiving these instructions. If you do not follow these instructions, IRCC may refuse your application. If there is a problem with your medical exam, IRCC will contact you to advise.

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DECISION

IRCC will finish processing your application after they have received all the necessary information. Once approved, applicant will receive confirmation of permanent residence. If officer is satisfied that you meet the requirements to enter Canada, you will be allowed to enter Canada as a permanent resident.

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Spouse visa requirements

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YOU CAN BECOME A SPONSOR IF YOU ARE:

• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
• at least 18 years old
• living in Canada:
• if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
• you can’t sponsor someone if you’re a permanent resident living outside of Canada.

You must also be able to show that you can provide basic needs for:

• yourself,
• your spouse or partner,
• your spouse or partner’s dependent child(ren) (if applicable)
• your dependent child(ren) (if you’re sponsoring only your dependent child).

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MINIMUM INCOME REQUIREMENTS

• In most cases, there is no low-income-cut-off (LICO) for spouse, partner or dependent child sponsorships. However, if either a spouse or partner you’re sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian government each year. If you must meet LICO requirements, you must include a Financial Evaluation (IMM 1283) form with your application.

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YOU MAY NOT BE ABLE TO SPONSOR IF YOU:

• signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,
• receive social assistance for a reason other than disability,
• previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
• are in default on an immigration loan or a performance bond
• did not pay court-ordered alimony or child support
• have declared bankruptcy which has not been discharged
• were convicted of
• an offence of a sexual nature,
• a violent crime,
• an offence against a relative that caused bodily harm or
• threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
• were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,
• are under a removal order,
• are in a penitentiary, jail, reformatory or prison,
• have already applied to sponsor your current spouse or partner and haven’t received a decision.

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Sponsor spouse, partner or fiance

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SPOUSE VISA

Spouse is a person, who must be legally married to a sponsor. The marriage should be valid both under the laws of the country where it took place and under Canadian law. It is important to check the rules of consanguinity that are required in the jurisdiction where the marriage took place. Married couple’s relationship must be genuine and continuing. Also married couple should be able to demonstrate a mutual commitment to a shared life as spouses. In case sponsor was previously married and obtained divorce, it must be valid both in the country where it was obtained and be recognized in Canada. Country-specific regulations may apply.

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FIANCÉ/FIANCÉE VISA

Fiancé/fiancée is a relationship where a couple is engaged to be married or betrothed. Government of Canada has discontinued fiancé/fiancée visa program in 2002.  If you have cohabited with your fiancé(e) for more than one year, you may consider the common-law partner stream. Or if you had a conjugal relationship and due to exceptional circumstances, you are not able to live together, you may consider the conjugal partner stream. Most likely you will consider getting married overseas and starting spousal sponsorship process. You may also try bringing your fiancée here as a visitor and get married in Canada, but you will need to disclose to visa office that he/she is engaged to you.

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COMMON-LAW PARTNER ​

Common-law partner (same or opposite-sex) is someone with whom a sponsor has cohabited in a marriage-like relationship without any long periods apart for at least 12 consecutive months. Time spent away for each person must have been short and/or temporary leave for family, work or business-related travel. Even when cohabiting common-law partner has not divorced with their previous spouse, their relationship with sponsor may be considered as a common-law relationship, given they have cohabited for a period of at least one year. Regulations in regard to minimum age and consanguinity apply. Both sponsor and applicant will need to provide proof, that they have been living together for at least 12 months.

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CONJUGAL PARTNER

Conjugal partner in relation to a sponsor, is someone residing outside Canada who has been in a conjugal (marriage-like) relationship with the sponsor for at least one year. It is important to note that this is a specific category of applicants who otherwise do not qualify to immigrate as spouses or common-law partners, because of certain impediment to a marriage or residency together. This is exceptional situation, where cohabitation is not a requirement for a conjugal partner relationship. However, the lack of cohabitation is usually the result of an immigration impediment. A sponsored application for permanent residence can still be filed, but only under the Family Class outside-of-Canada process.

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Additional info

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APPLICATION FORMS (CHECKLIST)

Spouse visa document checklist (IMM5533) is one of the forms you will need to mail with your application package.  IMM 5533 includes list of application forms and documents you need to complete and send in with your application to sponsor. Country-specific requirements and special instructions may also be applicable.

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APPLICATION PROCESSING TIME

IRCC recently reduced the spousal sponsorship processing time from up to 26 months to 12 months for both in-Canada and outside of Canada applications. During processing you can check spousal sponsorship application status online. Both you and the sponsor can check application status by using IRCC online tool.

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SPONSORSHIP APPLICATION FEES

Spouse visa application processing fees are the same regardless of your country of residence. These fees are payable to the Government of Canada and can be paid  in different ways depending on the fee type and where you are paying from. While if you decide to retain our services, professional fees will be applicable.