Spousal Sponsorship: How to bring my spouse to Canada in 2024 ?
Introduction
Spousal Sponsorship: bringing your spouse to Canada can be an exciting and life-changing journey. As a Canadian citizen or permanent resident, you have the opportunity to sponsor your foreign spouse or common-law partner to immigrate to Canada through the spousal sponsorship program. This program is designed to help families reunite and build a life together in Canada. In this blog, we will explore the eligibility requirements, application process and recent changes to consider when applying for spousal sponsorship in Canada.
Eligibility for Spousal Sponsorship: Who Can Sponsor?
Before diving into the application process, let’s understand the eligibility criteria for spousal sponsorship in Canada. As a sponsor, you must meet the following requirements:
- Age and Citizenship: You must be at least 18 years old and be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.
- Residency: If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the person you want to sponsor becomes a permanent resident. However, if you are a permanent resident living outside Canada, you cannot sponsor someone.
- Financial Capability: You must prove that you are not receiving social assistance for reasons other than a disability and that you can provide for the basic needs of the person you want to sponsor.
- Relationship: You must be legally married, in a common-law partnership, or in a conjugal relationship with the person you want to sponsor. Same-sex couples are also eligible to apply for spousal sponsorship.
- Previous Sponsorship Obligations: If you previously sponsored someone and have not fulfilled your obligations, such as providing financial support, you may be ineligible to sponsor.
It’s important to note that these eligibility criteria may vary slightly if you are sponsoring your spouse, common-law partner, or conjugal partner. Additionally, if you reside in Quebec, you must meet Quebec’s specific immigration sponsorship requirements.
Choosing Your Way: Inland vs. Overseas Spousal Sponsorship
The spousal sponsorship program offers two options: inland sponsorship and overseas sponsorship. Understanding both the processes is essential to determine the most suitable route for your circumstances.
Inland Sponsorship
Inland sponsorship is applicable when the sponsored partner is already in Canada on a temporary basis. The sponsoring partner applies to sponsor them for permanent residency while they are still in the country. Key points to consider for inland sponsorship include:
- The sponsored partner must have legal status in Canada at the time of the application and throughout the process.
- The application process can take up to a year or more.
- The sponsored partner can stay in Canada throughout the application process.
- Both partners need to demonstrate their commitment to the relationship and their intention to live together in Canada.
Overseas Sponsorship
Overseas sponsorship applies when the sponsored partner is outside Canada, and the sponsoring partner applies to sponsor them for permanent residency while they are still abroad. Important aspects of overseas sponsorship include:
- The sponsored partner must obtain a temporary resident visa to enter Canada while the application is being processed.
- Processing times for overseas sponsorship may be shorter compared to inland sponsorship.
- The sponsored partner must meet the admissibility requirements to enter Canada.
- The sponsored partner may need to obtain medical examinations and provide additional documentation.
Deciding whether to choose inland or overseas sponsorship depends on factors such as the immigration status of the sponsored partner and the processing times. Consulting with an experienced immigration consultant can help you make an informed decision.
How to Apply for Spousal Sponsorship in Canada
Applying for spousal sponsorship in Canada involves several steps. Here is an overview of the application process:
Download and fill out the application forms included in the application package.
Gather all the required documents including medical exams, police certificates, and biometrics.
Pay the application fees, which include processing fees for the sponsor, the sponsored individual, and any dependents.
Submit the completed online application, ensuring that all questions are answered and supporting documents are uploaded.
Reasons for Ineligibility to Sponsor
While spousal sponsorship provides an opportunity for family reunification, there are circumstances where a person may be ineligible to sponsor or may face a denial. Here are some common reasons for ineligibility:
- Financial Inadequacy: If the sponsor does not have enough financial resources to support the sponsored person, it may result in a denial of sponsorship. The Canadian government requires sponsors to meet specific income requirements.
- Criminal Record: Individuals with a criminal record may not be able to sponsor someone for permanent residence in Canada. Admissibility requirements are strict, and a criminal record can affect eligibility.
- Previous Sponsorship Obligations: If a sponsor has previously failed to fulfill their sponsorship obligations, such as providing financial support or ensuring the sponsored person remains in Canada, they may be barred from sponsoring again.
Recent Changes to the Spousal Sponsorship Application
The Canadian government has implemented several measures to streamline and expedite the processing times. Here are some key points to be aware of:
- Faster Processing Times: Canadian government introduced measures to speed up the processing times. In many cases, applicants can expect to receive a decision within 12 months, reducing the waiting period for families to reunite.
- Changes to Eligibility Requirements: The eligibility requirements for spousal sponsorship have undergone changes. Individuals in a common-law relationship may now be eligible to apply even if they have not lived together for the required period of time. These changes aim to accommodate diverse relationship dynamics and ensure fairness in the application process.
- New Application Forms: The government has introduced new application forms for spousal sponsorship. It’s crucial to use the correct forms to avoid delays or rejections. Outdated forms may not align with the current requirements, so always refer to the latest versions provided by the government.
- Additional Documentation Requirements: In some cases, applicants may be requested to provide additional documentation to support their spousal sponsorship application. For instance, if you have been previously married, you may need to provide a divorce certificate or proof of annulment. It’s important to be prepared to provide any required documents promptly.
Conclusion
Spousal sponsorship in Canada provides a way for families to reunite and build a life together in this welcoming and diverse country. Understanding the eligibility requirements, choosing between inland and overseas sponsorship, and staying updated on recent changes are key to a successful application. If you have any questions or need assistance, contact us at Greenhill Immigrations. Our experienced team is here to guide you through the spousal sponsorship process and help you bring your loved ones to Canada.
