Family reunification is one of the essential principles of Canadian immigration policy.
Studies have shown that immigrant families contribute to nation building, economic growth, cultural and social stability and community integration into the host country.
Keeping these aspects in mind, the government has streamlined spousal sponsorship policies to ensure a smoother application process. However, the
regulations are subject to frequent changes, amendments, change in definition, revocations, etc and it’s wise to stay abreast of these.
Canadian citizens or permanent residents can sponsor a spouse to join them in the country, live, work, apply for permanent residentship and citizenship. Spouses may already be living, working or studying in the country on a temporary basis or they may be living outside Canada.
Sponsorship Eligibility
The rules may differ slightly for Quebec province and the process must be done separately. Otherwise, you are eligible to sponsor your spouse if you are:
- 18 years or above in age
- Canadian citizen who either lives in Canada or can show that you intend to live in Canada when the spouse receives permanent residentship
- permanent resident of Canada who lives in Canada
- person registered as a Canadian Indian
- not receiving social assistance other than disability assistance
- able to provide for the basic needs of the spouse when they arrive in Canada
- able to ensure that the person sponsored will make every effort to support themselves (and their family members if any)
- able to support a spouse financially if they have a dependent child and that child has dependent children of their own. Otherwise, there is no specific income requirement for spousal sponsorship
You are not eligible if you:
- are less than age 18
- are a temporary resident or your permanent residency application is still in process
- are in prison
- declared bankruptcy
- were convicted of violent crimes inside or outside Canada
- are under a removal order
- haven’t repaid immigration loan or performance bond
- are a spouse who was sponsored and attained permanent residency less than 5 years ago
- are financially responsible for a previous spouse and have given a three-year undertaking of support
- don’t have the funds to support dependent children of the spouse
The spouse must fulfill certain conditions too:
The relationship must be genuine and not entered into for the purpose of immigration.
Canada has an open policy towards same-sex relationships and same-sex married couples can apply under the same set of regulations.
Inside and Outside Canada Spousal Sponsorship
The Inland or Inside Canada route of sponsorship is taken when the couple already lives legally in Canada but the spouse is here on a temporary basis as a student, visitor or worker. The spouse must live with the sponsor during the process of application. Paperwork for immigration is processed within Canada. If the spouse leaves Canada and is denied re-entry for some reason, then a fresh application must be made from outside Canada.
The Outland or Outside Canada route is taken when the sponsored partner lives in a foreign country or is in Canada on a temporary basis. They are permitted to travel outside Canada while their applications are in process, but their applications are processed in their country of origin or where they have resided continuously for one full year.
Application Process
- Sponsors have to first check if they’re eligible to sponsor a spouse
- They must get the online application package that comprises document checklist, application forms, instruction guide
- Go through the guidelines and instructions very carefully. If there are points you don’t understand, consult an experienced, reputable immigration consultant
- Download and complete the application form very carefully
- Don’t leave out any items or names of family members
- Never falsify or misrepresent facts
- You can also apply for permission to help your spouse to fill in their application forms as a representative
- Ensure you pay the processing fees correctly online: this includes processing fees for sponsorship, for those being sponsored and their dependents, biometrics fees, right of permanent residence fee, third-party fees etc. Fees are non-refundable
- Completed forms can be couriered or sent by regular mail to the prescribed address
- Additional information or clarifications may be asked for during processing
- Notify any change in circumstances like birth, death, adoption, divorce etc
- In case your application is incomplete or requires further clarifications, it will be returned
- Sponsorship may be refused under certain conditions
- The eligibility of the spouse will be assessed
- On approval, an online link will be created between sponsor, sponsored and IRCC
- Sponsorships for Quebec have to be done separately
- You can track applications online