Spousal And Common-law Partner Visa

In the context of common-law sponsorship in Canada, a common-law partner refers to a person who is not legally married to you but has cohabitated with you for a minimum of 12 consecutive months. This entails the following conditions:

It is important to note that the definition of a common-law partner encompasses both heterosexual and same-sex relationships.

In the context of Canadian spousal sponsorship, a conjugal partner refers to an individual who resides outside of Canada and has shared a committed and legally binding relationship with you for a minimum of one year. However, due to certain circumstances, it was not possible for both partners to live together. It is important to note that individuals who are currently residing in Canada are not eligible to be sponsored as conjugal partners.

It is worth mentioning that the definition of conjugal partner encompasses relationships of both opposite and same sexes, ensuring inclusivity and recognizing the validity of diverse partnerships.

Two commonly used terms to describe different types of applications for sponsorship are Outland sponsorship and Inland sponsorship. While these terms are not officially used by IRCC (Immigration, Refugees and Citizenship Canada), they are frequently used by applicants, representatives, and other stakeholders.

Outland sponsorship refers to the situation where the sponsored person resides outside of Canada, and the application for permanent residence is submitted to IRCC's Case Processing Centre in Sydney, Nova Scotia.

On the other hand, Inland sponsorship can be pursued when the couple is together in Canada, and the foreign spouse or common-law partner has temporary status in Canada as a worker, student, or visitor. Inland applications must be submitted to IRCC's Case Processing Centre in Mississauga, Ontario.

Under Inland sponsorship, the sponsored person may be eligible for an open work permit, which allows them to work in Canada while the sponsorship application is being processed. Initially introduced as a pilot program in 2014, the open work permit initiative has been extended each year due to its positive impact on families across Canada. In July 2020, IRCC announced the extension of this program with the intention of making it a permanent policy, providing Inland applicants the continued benefit of a work permit.

Applicants residing in Canada have the option to choose Outland sponsorship, even if they are living in Canada (thus making Inland sponsorship an alternative). The Outland pathway may have a potential advantage of shorter processing times in some cases. However, IRCC has implemented measures to reduce processing times in the spousal/common-law sponsorship program, particularly for Inland sponsorship applications. This makes Inland sponsorship more appealing, as it allows the sponsored person to work in Canada while the sponsorship application is being processed.

The duration it takes to process spousal sponsorship applications has been a matter of debate, especially during the Covid-19 pandemic when the work capacity of the Immigration, Refugees and Citizenship Canada (IRCC) was affected. However, in response to this issue, the IRCC has increased the number of staff members responsible for reviewing spousal sponsorship applications by 66%. This measure aims to decrease the waiting times and expedite the processing of applications.

Previously, prior to the year 2020, the average processing time for spousal sponsorship applications in Canada was around 12 months, which also applied to common-law partners and conjugal partners. It is important to note that the actual processing time may vary from one application to another.

No, having a job offer is not a requirement for sponsoring your spouse in Canada (or common-law partner or conjugal partner).

The cost of sponsoring your spouse for Canadian immigration, as well as common-law partners and conjugal partners, is CAD$1,050. This fee covers mandatory immigration expenses, which are broken down as follows:

In addition to these fees, it's important to be prepared for other expenses associated with the immigration process. These may include costs for obtaining necessary documents, postage fees, and if you decide to work with an immigration representative, their professional services fees.

Typically, when it comes to spousal sponsorship in Canada, there is no requirement to meet a specific income threshold in order to sponsor your spouse, common-law partner, or conjugal partner. However, you are obligated to sign an agreement (undertaking) stating that you will provide for the basic financial necessities of the sponsored person for a duration of around three years.

Throughout this timeframe, it is your responsibility to ensure that the individual you are sponsoring has access to fundamental essentials, which include:

In the event that the sponsored person receives social assistance from the Canadian government during the undertaking period, you will bear the financial responsibility for this assistance.

It's important to note that if you are sponsoring a spouse who has dependent children, and one of those dependent children has their own dependents, you will be required to meet a specific minimum income level in such circumstances.

To sponsor your spouse, common-law partner, or conjugal partner for immigration to Canada, you must go through a step-by-step process.

Step One: Determine Eligibility - First, assess the eligibility of both yourself and your partner based on the requirements set by the Immigration, Refugees and Citizenship Canada (IRCC).

Step Two:Obtain a Personalised Document Checklist - Utilise the IRCC tool to provide necessary details about your sponsorship application. This will generate an application kit and document checklist tailored to your specific situation.

Step Three:Gather and Prepare Required Forms and Documents - Refer to the application guide and the document checklist provided, and carefully gather and prepare all the necessary forms and supporting documents according to the instructions.

Step Four:Verify Everything - As Canadian immigration applications can be intricate, it is crucial to ensure that no information or document is missing. A single omission can lead to the refusal of your application. Consider seeking assistance from a Regulated Canadian Immigration Consultant to review your application professionally.

Step Five:Submit Your Application - Canadian spousal sponsorship applications are submitted in hard copy format. Compile all the required forms and documents, and mail them to the appropriate IRCC office. After submission, it typically takes around 12 months to receive a decision on your case.

If you need assistance with your spousal sponsorship application, we recommend consulting experienced Canadian immigration consultants who can provide valuable guidance throughout the process.

To sponsor your spouse, common-law partner, or conjugal partner for immigration to Canada, you will need to complete a comprehensive application and provide specific documents tailored to your unique circumstances. Once you have decided to proceed with sponsoring your spouse, you can utilise the IRCC tool to input your personal information and receive a personalised application kit and document checklist.

The exact documents you will need to submit vary based on your situation. It is crucial to adhere to the requirements outlined by IRCC. Failure to comply with IRCC's guidelines may result in the rejection of your application.

Some of the documents you should anticipate including in your Canadian spousal sponsorship application are:

Please note that this list is not exhaustive, and additional documents may be required based on your specific circumstances. It is essential to carefully follow the instructions provided by IRCC to ensure a smooth and successful sponsorship application process.

Getting support for the Canada immigration process through common law or spousal sponsorship

Getting married does not necessarily guarantee that the Immigration, Refugees, and Citizenship Canada (IRCC) will approve your application for common-law partner or spousal sponsorship for immigration to Canada. The application process involves submitting multiple forms and extensive documentation, which includes evidence demonstrating the ongoing stability and strength of the relationship.