Spouse & Partner Sponsorship Immigration Lawyers in Vancouver, BC
Canadian immigration policy supports family reunification. In 2022 Canada will welcome over 430,000 immigrants, 80,000 of whom will be granted permanent status based on bringing families together to join and participate in the Canadian economy. Canada needs new skilled workers, especially post-pandemic, in order to grow and nurture our economic recovery.
To facilitate a more efficient review process, the Department of Immigration, Refugees and Citizenship Canada (IRCC) has increased staff, digitized the application process, enabled remote interviews, and will not disqualify a sponsor or family member if they received Employment Insurance or Canada Emergency Response Benefit during the pandemic.
What Is the Eligibility to Sponsor Your Spouse or Partner?
As a resident or citizen of Canada, you can sponsor your spouse or partner, or dependent child, if:
- You are 18 years old or older.
- You are a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.
- If you are a Canadian citizen living outside of Canada, you must show that you intend to return to Canada in order to sponsor your relative.
- You cannot sponsor another person if you are a permanent resident living outside of Canada.
- You are not receiving any governmental social benefits except for benefits based on the status of disability.
- You can financially support your relatives.
Who Is Not Eligible to Sponsor Their Spouse, Partner, or Child?
Canada remains selective in its choice of immigrants so there are disqualifying factors, making one ineligible for sponsorship. These include:
- You must be at least 18 years of age to sponsor
- You will not be living in Canada when the sponsored family members become permanent residents
- You do not have the status of a Canadian citizen, permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
- You are merely a temporary resident, permitted in Canada because you are visiting, studying, or working on a visa or permit
- Your own permanent residence application is still under review
- Your financial status cannot support your sponsored relatives
Murky personal relationships can also disqualify your sponsorship. You may not be eligible to sponsor a spouse or partner, if you:
- Were yourself sponsored by a spouse or partner and became a permanent resident less than 5 years ago
- Since you are obligated to support a sponsored spouse or partner, if you are already financially responsible for another spouse or partner, you cannot sponsor another until your 3-year obligation is over
Other disqualifying characteristics preventing sponsorship of a spouse, partner, or child include:
- You have a pending application to sponsor another spouse, partner, or child that has not yet been approved
- You are in jail, prison, or in other correctional institution
- You are in arrears for an immigration loan, performance bond, court-ordered family support (alimony or child support), if you live outside of Quebec
- You defaulted on support promise to another sponsored immigrant
- You declared bankruptcy and it is still pending
- You receive social assistance apart from disability
- You were convicted of attempting, or threatening, or committing a violent criminal offence, or any sexual offence committed inside or outside Canada
- You can no longer live in Canada and are subject to a removal order
Who Can You Sponsor?
|Spouse||Your spouse may be of either sex and must be legally married to you, and at least 18 years of age|
|Common-Law Partner||Your common-law partner may be of either sex, not legally married to you, at least 18 years of age, with whom you have continuously lived in a conjugal relationship for at least 1 year before making application for immigration, and continue to be in a relationship.|
|Conjugal Partner||Your conjugal partner may be of either sex, isn’t legally married to you or in a common-law relationship with you, at least 18 years of age, has been in a relationship for at least 1 year, lives outside Canada, and cannot marry you in your country of origin because of marital status, sexual orientation, or persecution.|
|Dependent Children||Must be under 22 years old and they don’t have a spouse or common law partner.|
|Dependent Children over the age of 22||Unable to financially support themselves due to mental or physical condition with a history of parental support since before they were 22.|
Dependent children may include your own child, your spouse or partner’s child.
Of course, any spouse, common-law partner, conjugal partner, or dependent child must submit all of the necessary documentation, including medical exams, police certificates, and biometrics, to complete the application process.
How Can You Apply to Sponsor Your Spouse, Partner, or Child?
The application process to sponsor your spouse, partner, or child is long and complicated but has been made more accessible through a new online process.
- Get the application package online.
- Pay all application fees:
- Right of permanent residence fee
- Biometrics fee
- Third party fees for medical exam and police certificate
- Submit your application by mail or via courier service.
You will be informed by the IRCC if your application is incomplete as well as requests for additional documentation.
What Should You Do After You Apply to Sponsor Your Spouse or Child?
The most important responsibility you have after your application has been received is to maintain the accuracy and currency of your contact information. Any changes should be made online and not mailed. Mailed amendments will not be incorporated into your application.
You are obligated to let IRCC know if there is a change in your relationship status, birth or adoption of a child, death of an applicant or dependent, or contact information, like email, phone number, or mailing address.
The application process includes a preliminary review:
- Review for inclusion of all necessary information and fees
- Meeting all deadlines, including a deadline for provincial invitation
After the preliminary review, you will receive an application number and acknowledgment of receipt, assessment of eligibility to sponsor, and assessment of eligibility of the person you want to sponsor.
What If Your Sponsorship is Refused?
Even if your sponsorship is refused after review, you can still choose to have the applications for permanent residence continued for your family members. Some fees—your $75 sponsorship fee—will not be returned although others will be. If you ask to continue the application process, no fees will be refunded.
What If You Are Approved as a Sponsor?
Once your application for sponsorship is approved, the IRCC will request specific documents from your relative:
- Medical exam
- Police certificate
- Biometrics (with accompanying fee)
Throughout their application process, you are still under an obligation to maintain the currency and accuracy of your sponsorship application.
Begin Your Spouse, Partner, or Dependent Child Application Now With Trusted Immigration Counsel
If you are seeking permanent resident status for a spouse, common law partner, or dependent child, you can trust the knowledge and experience of Canadian Currents Immigration to guide you through the process. Although the application is available on line, the requirements for completing a successful application can be daunting. With the aid of an experienced immigration lawyer at Canadian Currents Immigration, you can apply for sponsorship once we determine your eligibility.
Our immigration lawyers at Canadian Currents Immigration will review your status to determine your eligibility for sponsorship and guide you through the entire process.
Start with a confidential 30-minute consultation with a Canadian Currents Immigration immigration lawyer in Vancouver.
Call us now to book a time: 778-331-1164.
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