Spousal and Common Law Partner Sponsorship
The purpose of the Family Class of immigration is to rejoin close family members in Canada.
The Family Class permits Canadian citizens and permanent residents to support their reliant children, parents/guardians and grandparents, and spouse or common-law/conjugal partner. Canada firmly underpins keeping families together at whatever point conceivable. In that capacity, the preparing and processing of Family Class applications are given the highest need at Canadian Visa Offices.
The Spousal Sponsorship Category
The Spousal Sponsorship program/arrangements are a subsection of the Family Class immigration section. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner for Canadian permanent residence.
Both the Canadian citizen or permanent resident (also called the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be approved by Immigration, Refugees and Citizenship Canada (IRCC) for the sponsored person to receive a visa.
To get a visa through this immigration program/arrangement, the sponsor and sponsored person must show that their relationship or connection qualifies less than one of three categories:
- Common-law Partner
- Conjugal Partner
NOTE: Canada acknowledges same-sex marriage, and same-sex partners may be qualified to apply under any of the above three categories, as long as they meet all eligibility requirements.
An Outland application is continued when the sponsored partner is living outside of Canada. However, Outland candidates can still be in Canada and apply for the Outland program and may be authorized to travel in and out of Canada throughout the application process. Outland applications are treated by the visa office that accommodates the candidate’s country of origin, or where they have remained legally for at least one year.
The other possible alternative for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the spouses are together in Canada, and the foreign spouse/common-law partner has provisional or temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, authorizing him or her to work for any organization in Canada while the sponsorship application is being processed.
Permanent residence given under the Spousal Sponsorship program carries certain conditions that must be met:
The sponsor is fiscally in charge of the individual sponsored for a long time after the sponsored person turns into a permanent occupant.
Individuals who come to Canada as spouses are themselves banished from sponsoring a spouse thus for a long time after accepting Canadian permanent residence.
A two-year “legitimate relationship” control applies to spouses/partners who have been in a relationship for two years or maybe less and who have no kids in like manner during the season of application submission. Once in Canada, the sponsored individual should live with their partner/spouse in a relationship that is legitimate for a long time or faces the likelihood of having their permanent residency disavowed. Individual cases will be made for sponsored partners or spouses who are experiencing misuse or disregard.
To see whether you and your spouse are qualified for spousal sponsorship, take a free evaluation today.