Inland Spousal/Common-Law Partner Sponsorship
Inland Spousal/Common-Law Partner Sponsorship: Open Work Permit
Currently, family and marriage relationships in Canada, as in many other countries, are undergoing significant changes. Nevertheless, the family remains the most important social institution to which much attention is paid. The Open Work Permit program allows spouses and civil partners to work in Canada while their Inland Spousal/Common-Law Partner Sponsorship application is being processed. It also allows spouses and common-law partners of Canadians to work in the country, when they apply for permanent residency through Inland Spousal/Common-Law Partner Sponsorship . To be eligible to apply, they must already be residing in Canada with legal status at the same address as their partner and meet some other criteria. They no longer need to have a job offer. The category Family Class program allows Canadian citizens or Canadian residents to sponsor the relocation of their spouses, children, parents, and grandparents to the country. Canada's policy is very family-centered and family-oriented, which is why visa offices try to process the family sponsorship application as quickly as possible. This article will explore and explain all the possible ways of how Permanent Residence holders can sponsor their relatives, help them move to Canada and obtain a work permit.
Inland Spousal/Common-Law Partner Sponsorship : Family Class
The Family Class is a federal family reunification immigration program in Canada. This kind of sponsorship can also be done through Provincial Nominees Program. The program is primarily intended for permanent residents and Canadian citizens who want to reunite with their close relatives and bring them to Canada. In this case, a citizen or permanent resident of Canada acts as a sponsor for his relatives, who can be a spouse, a common-law partner, an underaged child or an adopted child, parents and grandparents and other relatives (brothers, sisters, nephews, grandchildren, etc.). All of the relatives can be sponsored by a citizen or a permanent resident if he or she meets the eligibility requirements. When sponsoring a relative, the sponsor signs an Undertaking to support the sponsored relative for a specified period. This period lasts for 3 years or 10 years depending on the type of relationship and age. Essential to understand that every kind of sponsorship is different and needs attention before applying in order to complete the process successfully. However, there are basic criteria that apply to every category of sponsorship. A sponsor must be an adult, i.e. to be 18 years old and obtain a PR status or be a Canadian citizen. Besides, he or she must not have any criminal records such as being involved in a serious offence, be imprisoned or bankrupt.
Inland Spousal/Common-Law Partner Sponsorship : Bring your Spouse to Canada
The Spousal Sponsorship Program is a section of the Family Class program. It allows Canadian citizens and permanent residents to sponsor their foreign spouses to help them to move permanently to Canada. Both a Canadian resident spouse (sponsor) and a foreign spouse (sponsored) must be approved by the Canadian Immigration Service to be eligible for an immigrant visa for the sponsored spouse. To obtain an immigrant visa, spouses will have to prove that their relationship falls into one of three categories: official registered marriage (Spouse), unregistered marriage (Common-law Partner), marriage without cohabitation (Conjugal Partner). Also, people who applied under the Inland Spousal/Common-Law Partner Sponsorship are eligible for an open work permit, if he or she obtains a temporary resident status and shares the same home address. Official marriage is a legally registered marriage, confirmed by a marriage certificate. It is assumed that the spouses have lived together for at least one year. Same-sex marriage in Canada can also be considered under this category. Free cohabitation, which is validated by at least one year of permanent cohabitation (except for short-term absences due to business and/or family conditions), is deemed common-law marriage. As evidence of this kind of relationship, an applicant can include joint bank accounts and credit cards, shared real estate, joint utility bills, joint rentals, and joint purchases of household items.
Inland Spousal/Common-Law Partner Sponsorship: Conjugal Partner
Conjugal Partners can be the same or opposite sex. In this case, a marriage is recognized as a marriage without cohabitation if the couple had a love relationship for at least one year, but were not able to live together due to serious reasons. The circumstances can be linked to immigration barriers, marital status when one of the spouses lives in a country where divorce is prohibited or social policies on sexual orientation, for example, in countries where same-sex relationships are prohibited or, for example, seriously condemned. The conjugal pair must not only demonstrate their sexual preferences, but also provide detailed paperwork that includes proof of joint ownership, insurance policies, joint decision-making, and joint financial support, such as shared income, all of which suggest a co-dependent relationship comparable to marriage. In addition, Canada recognizes same-sex registered and unregistered marriages, however, they must also fall into the three categories mentioned above. If the marriage does not take place in Canada, the Canadian government recognizes same-sex marriages that take place in the following countries: Belgium, the Netherlands, South Africa, Spain, and the United States of America (some states).
A spouse or a common-law partner may get a job in the country. They will, however, almost always require a work permit in order to work in Canada. They must apply for a work permit on their own .A spouse or common-law partner may be eligible for an open work visa, allowing him or her to work for any company.
There are two types of spousal sponsorships in Canada : Inland Spousal/Common-Law Partner Sponsorship and Outland Sponsorship. Outland sponsorship applications are usually made when the foreign spouse lives outside Canada. Also, this type of sponsorship can be used if the foreign spouse lives in Canada, but he needs to leave the country while the application for sponsorship is considered by the Immigration Service. However, if he leaves Canada, there is no guarantee that he will be able to enter back (at the discretion of the immigration officer at the border).
Inland Spousal/Common-Law Partner Sponsorship applications are usually made when the spouses are already living together in Canada and the sponsored spouse has a temporary status (work, study or visitor visa). The disadvantage of internal sponsorship is that such applications usually take a long time to process, as opposed to outland sponsorship. However, the sponsored spouse is eligible for an open work permit while the application is being processed. In this case, it is not required to provide a contract with a Canadian employer; it is enough to apply for a work permit at the same time as an application for internal sponsorship. If Immigration Canada requires an interview with your sponsored spouse, they will notify you in writing with the date, time and list of documents you need to bring with you. If the sponsored spouse wishes to leave Canada during the sponsorship application process, there is no guarantee that they will be able to enter the country back even with a visitor visa. If the sponsorship application is rejected for any reason, the sponsored spouse must immediately leave Canada. Please note that in order to maintain a residence permit obtained through the Spousal sponsorship program, the sponsoring spouse must incur additional financial obligations within 3 years after the sponsored spouse receives a residence permit. Also, he has no right to act as a sponsor (in the case of a new marriage, for example) within 5 years after the sponsored spouse receives a residence permit.
Inland Spousal/Common-Law Partner Sponsorship: Brings Children to Canada
People, who move to Canada for permanent or temporary residence have the right to take their children with them and, in most cases, enjoy this right. But there are times when such an opportunity cannot be used for any personal reasons, and the children remain abroad. That is why the Government of Canada has developed a special program that allows Canadian citizens and those with a residence permit to sponsor the relocation of a child (children) to the country. Children, both biological and adopted, may be sponsored to live with their parents as permanent residents of Canada. If the sponsor's child or his or her spouse is 22 years old, then the period of financial security obligations in relation to him is determined by 3 years, starting from the day he receives the status of a permanent resident. To be eligible for this program, a Canadian citizen or permanent resident (a sponsor) and their child from abroad (a sponsored person) must be approved by Immigration Canada (IRCC) for a visa. To obtain a visa under this immigration program, the sponsor and the sponsored person will need to prove their relationship with each other. Except for an individual’s own children, an applicant can sponsor the move of orphaned family members. The main requirements for this process are a child must be from the same family and be related by blood, must not have parents and be less than 18 years old. If the parents of a child are alive but somehow struggling, there is a big chance your application will be declined.
If your family member is unable to obtain permission to enter the country in this way, choose another immigration option. The easiest and fastest option is through the Express Entry service. Your relative is automatically included in the state database of professional personnel. Canadian employers review and select candidates who are suitable for current vacancies. Thus, your loved one will be able to receive an official offer, which will increase his chances of entering the country.
If you need help with Inland Spousal/Common-Law Partner Sponsorship in Canada or any other related immigration services, please feel free to contact us directly or fill in application below.
