Family Sponsorship : Spouse & Common-Law Partner

Spouse and Common Law Sponsorship

This program is a part of family class sponsorship program. A Canadian Citizen and/or Permanent Resident may sponsor a spouse, common-law partner, or Conjugal Partner for Canadian permanent residence under this program. Both the Canadian Citizen or Permanent Resident and the foreign national must be approved by Immigration, Refugees and Citizenship Canada (IRCC) for the sponsored person to receive a visa.

Sponsorship from Outside Canada

This is a sub-section of the Family Class immigration category and is pursued when the applicant (sponsored partner) is living outside of Canada. However, it is possible for an applicant living in Canada to apply through the out-land program. This option may permit the applicant to travel in and out of Canada throughout the application process, but it is always discretion of Canadian immigration authority to decide whether the sponsored person may re-enter Canada or not. Out land application is processed through the visa office that serves the applicant’s country of origin or where they have resided legally for at least one year.

IRCC is committed to issuing visas as quickly as possible to rapidly reunite families under this program. IRCC aims to process applications submitted through this program within 12 months.

Inland Sponsorship

This is a sub-section of the Family Class immigration category and, is pursued when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor.

The person being sponsored may be eligible for an Open Work Permit (OWP), allowing to work for any employer in Canada while the sponsorship application is being processed. If the applicant (sponsored partner) already has a work or study permit, he or she may continue to work or study as long as the permit is valid, however it is important to note that working and studying in Canada without valid status are illegal and may result in serious consequences for the sponsored person.

Applicants who wish to obtain an open work permit should apply while they apply for permanent residence. However, IRCC states that if a sponsored spouse or common-law partner has not submitted an application for an open work permit at the same time as their permanent residence application, he or she may still submit an application for an open work permit at a later stage.

If the sponsorship application is refused, the applicant is required to leave Canada immediately at the end of his or her period of temporary stay. Moreover, if the sponsored person leaves Canada at any point while the application is being processed, there is no guarantee that he or she will be allowed to re-enter Canada, especially if he or she requires a visitor visa. IRCC aims to process applications submitted through this program within 12 months.

Who be can sponsored?

Sponsorship Requirements :

The sponsor must be at least 18 years of age.
The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen.
The sponsor cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence.
The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.