SPOUSAL AND COMMON-LAW PARTNER SPONSORSHIP

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SPOUSAL AND COMMON-LAW PARTNER SPONSORSHIP

The Spousal Sponsorship program is one of the Family Class categories. Under this program, a Canadian citizen or permanent resident who is at least 18 year old may sponsor a spouse or common-law partner for Canadian permanent residence. In order to receive a visa through Immigration, Refugees, and Citizenship Canada (IRCC), the sponsor and sponsored person must meet certain requirements. They must prove that their relationship qualifies under one of the following status:

Spouse
Common-law or
Conjugal partner

Certain requirements for the nature of relationship must be met:

Spouse: Means that the sponsor is married to a sponsored person and their marriage is legal. If they were married in Canada, they must have a marriage certificate by the province or territory where the marriage took place. If they were married outside Canada, the marriage must be valid under the law of the country where it took place and under Canadian Law as well.
Note: The same-sex marriages performed within Canada are valid for spousal sponsorship. Same-sex marriages that took place outside of Canada are not valid for spousal sponsorship, but an application can be made under either the common-law partner or conjugal partner categories if such a relationship can be proven.
Common-law partner: Means that the sponsor and a sponsored person have been living together in a conjugal relationship for at least one year in an ongoing 12 months period. Being common-law partners you will need to proof that you have combined your affairs and set up a household together (for partner -either of the opposite sex or the same sex).
Conjugal partner: Means that the sponsor and a sponsored person is involved in more than a physical relationship. They depend on each other, there is some permanence to the relationship, and there is the same level of commitment as a marriage or a common-law partnership (for partners – either of the opposite sex or same sex).

Certain requirements for the nature of relationship must be met:

As on December 22, 2014, eligible spouses or common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed. Meanwhile, certain spouses or common-law partners who are applying for permanent residence from inside Canada may obtain an open work permit.

Not everyone is eligible to sponsor their spouse or common-law (conjugal) partner. Canadian citizen or permanent resident may not be able to be a sponsor if she/he:

Did not meet the terms of a sponsorship agreement in the past
Did not pay alimony or child support even though a court ordered it
Get social assistance for reasons other than being disabled
Were convicted of
- An offence of a sexual nature,
- A violent crime,
- An offence against a relative that resulted in bodily harm or
- An attempt or threat to commit any other offences
Were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago
Did not pay back an immigration loan, made late payments or missed payments
Are in prison or
Have declared bankruptcy which has yet to be discharged

PROCESSING TIMES

The sponsorship applications are reviewed in the Case Processing Center in Mississauga, Ontario (CPC-M) and usually the processing time depends on a relative’s category and his/her current location. To process application for a spouse or common-law partner living inside or outside Canada might take around 17-26 months.

INFORMATION FOR SPONSORED SPOUSES OR PARTNERS

After permanent residence is granted, sponsors and sponsored spouses or common-low partners must keep certain conditions:

If a spouse or partner sponsored you, you cannot sponsor a new spouse or partner within five years of becoming a permanent resident
If you have been granted conditional permanent residence, you must live together with your sponsor in a legitimate relationship for two years from the day you receive conditional permanent residence. The condition ends after the two-year period.

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