Spousal Sponsorship

Canada Spousal Sponsorship 

 Who can become a sponsor?

  • A Canadian Citizen, a person registered in Canada as an Indian under the Canadian Indian Act or permanent resident of Canada
  • is 18 years of age or older
  • able to prove that you are not receiving social assistance for reasons other than a disability
  • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the person you sponsored becomes a permanent resident. You can’t sponsor someone if you are a permanent resident living outside Canada.
  • must promise to give financial support for the basic needs of any person you are sponsoring and meet the low-income cut-off if applicable
  • Agree to sign an undertaking. The length of undertaking is 3 years from the day your spouse, common-law partner or conjugal partner becomes a permanent resident.The undertaking is a binding promise of support for the applicant(s) for the length of the undertaking period even if the situation changes. Examples where the undertaking won’t be cancelled, even if:
    • the person you are sponsoring becomes a Canadian citizen
    • you become divorced, separated or your relationship with the sponsored person breaks down
    • you or the person you sponsor moves to another province or country
    • you have financial problems

What is a spouse or partner?

  • Spouse – you are married
  • Common- law partner – you have lived together for at least one year
  • Conjugal partner- you have been in a binding relationship for at least one year, but could not live together

What is a Dependent Child?
In general, a child who is under the maximum age and is not married or in a common law relationship, must be under 22 years old and do not have a spouse or common law partner.

Who is an Eligible spouse or partner?

  1. At least 18 years of age
  2. You have genuine relationship
  3. If the spouse or partner is applying for the Spouse or Common-law Partner in Canada class, he/she must already cohabit or live with you in Canada
  4. Is not inadmissible (criminal, medical, financial and other related reasons including having an inadmissible family member)

Class of application 

  • Family Class
    • the person you want to sponsor lives outside Canada
    • the person you want to sponsor currently lives with you in Canada but doesn’t plan to stay in Canada while the application is being processed
    • you plan to appeal if the application is refused
  • Spouse or Common-Law Partner in Canada Class
    • lives with you in Canada
    • has valid temporary resident status in Canada, or is exempt from needing this status under a public policy
    • would like to apply for, and qualifies for, an Open Work Permit so that they can work while the application is being processed

Open work permit for spouses or common-law partners

  • Applicants under the Spouse or Common-Law Partner in-Canada class may qualify for an open work permit while the application for permanent residence is being processed, this option is not available for spouses applying under family class or outside Canada

Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner 

  • If a spouse or partner sponsored you, you can’t sponsor a new spouse or partner within five years of becoming a permanent resident. This rule applies even if you got your Canadian citizenship within those five years.

Source: www.cic.gc.ca