Spouse Sponsorship Canada

Spouse Sponsorship Canada

If you are a citizen or a permanent resident of Canada, you have the right to apply for spouse sponsorship in Canada. It allows you and your partner to live together in the country. However, to achieve this dream, you have to learn everything about spouse sponsorship in Canada. 

It needs to be mentioned at the very beginning that an individual, who is at least 18 years old, and who is a permanent resident of Canada, a Canadian citizen, or a Registered Indian, has a right to apply for spouse sponsorship in Canada. In other words, if you wish to sponsor your spouse, conjugal partner, or common-law partner and their dependent children, who live with you in Canada, or who live overseas, you can apply for spouse sponsorship in Canada.

If your spouse has a temporary resident status and you live together in Canada, you have a right to apply for spouse sponsorship under the Spouse or Common-Law Partner in Canada class. However, your spouse cannot get a Canadian permanent resident status if they are inadmissible due to a reason other than not having legal immigration status. It is worth mentioning, that a spouse, who does not have legal immigration status, can apply for permanent residence, but before that, they must resolve all situations that prevent them from applying for permanent residence status.

You need to remember that your spouse should stay in Canada since their departure can automatically cancel their temporary resident status. Moreover, your spouse may not be allowed to come back if they leave Canada before becoming a permanent resident. This especially concerns individuals who need an eTA (Electronic Travel Authorization) or a Temporary Resident Visa to enter Canada. You will have to submit a new overseas sponsorship application if your spouse cannot enter Canada.

Besides, your spouse can be eligible to apply for an open work permit if you apply under the Spouse or Common-law Partner in Canada class. It is illegal to study or work in Canada without a relevant permit from Immigration, Refugees, and Citizenship Canada (IRCC). If your spouse has a study or work permit, they can continue to study or work until the expiry date of the permit.

When your spouse lives with you in Canada and applies for spouse sponsorship as a member of the Spouse or Common-Law Partner in Canada class, they can also apply for an open work permit. They must complete an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710] and pay the correct fee. If your spouse has a study permit and wishes to keep their temporary resident status as a student, they need to submit an Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709].

Also, you have to remember that when you apply for spouse sponsorship in Canada, you need to complete and sign an undertaking agreement. It is an official obligation to support the basic needs of your spouse. According to the government of Canada, the basic needs include food, clothing, accommodation, other needs for everyday life, and health needs that are not covered by public health services.

Additionally, you need to be sure that your spouse does not need social assistance from the government before signing the undertaking agreement. In case they get financial help, you must repay the amount they received. Furthermore, you will not be eligible to sponsor anyone else until you have paid back this amount.

It is worth mentioning, that the undertaking agreement is a binding promise of support. It means that you are responsible for the support of your spouse during the undertaking period, even if your situation changes. The undertaking agreement cannot be canceled when your spouse becomes a citizen of Canada, one of you moves to another region or country, you are separated, divorced, or you have financial problems. The length of the undertaking agreement is three years from the day your spouse becomes a permanent resident of Canada.

Nevertheless, there are several conditions when you cannot apply for spouse sponsorship in Canada.

1. You are less than 18 years old.
2. You are not a citizen, a permanent resident, or a Registered Indian of Canada.
3. Your application for permanent residence is still in the process. You should remember that you must be a permanent resident when you apply for spouse sponsorship in Canada.
4. You are not going to live in Canada when your spouse becomes a permanent resident.
5. You are a temporary resident of Canada, who visits, studies, or works in the country on a permit or visa.
6. You do not meet the income requirements for the spouse sponsorship in Canada. You can refer to the Federal Income Table to check whether you are eligible to be a sponsor.

Additionally, you may not be eligible to apply for the spouse sponsorship in Canada due to several reasons.

1. You were sponsored by a spouse or common-law partner, and you became a permanent resident of Canada less than five years ago.
2. You have already applied for spouse sponsorship in Canada, and a decision on that application has not been made.
3. You have to support a previous spouse or partner due to spouse sponsorship. In other words, you are still bound by the 3-year undertaking promise.
4. You were convicted of committing or attempting to commit a violent crime, an offense against a relative or a sexual offense in Canada or outside the country.
5. You are in penitentiary, prison, or jail.
6. You get social assistance for a reason other than a disability.
7. You must leave Canada since you received a Removal Order.
8. You did not support the person according to a sponsorship agreement in the past. It does not relate to you if you live in the province of Quebec.
9. You did not pay back a performance bond, an immigration loan, or court-ordered family support payments such as child support or alimony. It does not relate to you if you live in the province of Quebec.
10. You are bankrupt and are not discharged. It does not relate to you if you live in the province of Quebec.

There can be other reasons that make you unqualified to apply for spouse sponsorship in Canada. If one of these statements applies to you, you can contact Immigration, Refugees and Citizenship Canada and check whether you can apply for the spouse sponsorship in Canada. If IRCC determines that you cannot be a sponsor, they will give you an explanation of this decision.

To show that your spouse meets the eligibility requirements, they must provide all required forms and documents with their application, and any additional information Immigration, Refugees and Citizenship Canada can request during processing, such as medical exams and biometrics. By the way, you cannot sponsor an individual that is inadmissible to Canada. In other words, you can sponsor the person who is not allowed to enter Canada.

Concerning the spouse sponsorship process, you should know that you have to complete and submit two applications. You need to apply to become a sponsor, and your spouse has to apply for permanent residence status. It is important to send both applications together to Immigration, Refugees, and Citizenship Canada. There are four main steps of spouse sponsorship in Canada.

1. You need to get the application package that includes a checklist for you and your spouse, forms to fill out, and an instruction guide on spouse sponsorship in Canada.
2. You need to pay the application fees. As a rule, you need to pay processing fees for you and your spouse, the biometrics fee, and the right of permanent residence fee. You need to pay these fees online.
3. You have to send your application to Immigration, Refugees, and Citizenship Canada for further processing.
4. You have to submit all additional documents during processing that include medical exams, police certificates, and biometrics.

 

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