Canadian permanent residents can help their foreign spouse or partner migrate into Canada to become permanent residents. This family immigration alternative is a two-step application process that begins with the government approval of the intended Canadian sponsor. Upon approval, the foreign national partner can then apply for permanent residency in Canada based on his/her sponsor's verified credentials.
The spouse or partner sponsorship program is a progressing procedure that entails the filling, submission, and approval of several immigration documentation. Only applicants with documents that meet the eligibility requirements stand a chance of successfully sponsoring their partners into Canada.
During the entire process, applicants are restricted to communicating with their assigned immigration officers through emails and other written channels. However, a few exceptional cases may require one-to-one interview sessions between the immigration personnel and the sponsored applicant. The interview is mostly convoked as a deciding factor to grant the sponsored applicant the opportunity of inviting the spouse into Canada.
According to Canadian Immigration law, a spousal relationship can be synonymous with a marital relationship. Canadian Immigration authorities recognize and approve of all marriages conducted in any country – as long as the union is in accordance with the marital laws of the country. Acclaimed sponsors must provide a valid marriage certificate as proof of their spousal relationship with their foreign partners.
In Canadian immigration law, two people staying together in a marriage-like relationship for a minimum of 12 months can be considered common-law partners. Canadian immigration law recognizes this spousal arrangement to hold a similar legal effect as marriage claims for spousal sponsorship. However, the sponsored applicant must provide legal proof of cohabitation like rental or lease contracts in both parties’ names.
A conjugal relationship is another marriage-like relationship except for the partners not being legally married or residing together continuously due to extenuating circumstances. The sponsored applicant must, however, provide acceptable proof of the circumstances surrounding their inability to cohabit. This is a sensitive family sponsorship immigration procedure with a series of inspections and verification steps to approve every application.
Only Canadian citizens and permanent residents who meet the following eligibility requirements of the spousal or partner sponsorship program can invite their partner into Canada:
Thankfully, applications into the spousal or partner sponsorship program can be initiated at any local immigration office in Canada or Canadian Visa Offices abroad. From the way the conjugal partner sponsorship works, in-Canada applications would have to be directed through other outside Canada alternatives.
Here’s more information on in-Canada and outside Canada spousal sponsorship applications:
In most cases, intending Canadian sponsors file their spousal sponsorship applications from within the country while their foreign partner resides in their home country. Upon approval, the foreign spouse is then granted a permanent resident visa for traveling into Canada as a resident. While the process is ongoing, foreign spouses can choose to temporarily visit Canada from any visa-exempt country or with a requisite visa.
Please note that Canadian immigration does not assign visitor visas to foreign partners of Canadian residents pending their spousal sponsorship approvals. Immigration authorities also expect Canadian sponsors to remain in Canada and avoid extended trips while processing their partner’s permanent residency.
The In-land Partner Sponsorship application category is designed for sponsored applicants who live in Canada with their common-law partners. First, the foreign partner must be in Canada for over some time during a temporary visit. If the foreign spouse is not currently in the country, obtaining a visitor visa would be impossible – as the immigration system no longer considers them as intending visitors.
Both in-land spousal sponsorship applicants must also cohabit with a Canadian resident during the application process. Applicants with legal temporary status can always apply for open work permits to enable them secure jobs before the completion of their spousal approval.
The in-Canada application process is a humanitarian application procedure aimed at accommodating foreign spouses under removal orders.
Dependent children can be included in spousal sponsorship applications to attain permanent residency as their parents. Only unmarried children under the age of 22 with screened medical examination results are considered for this immigration process. Parents should note that dependent children of Canadian citizens are already considered a citizen and may not require sponsorship.
Processing times for all spousal or partner sponsorship applications vary across all immigration and visa offices. Oftentimes, the number of applicants seeking similar sponsorship affects the processing time in all offices. Ideally, it should take about 12 months for a spousal sponsorship application without issues to be processed after submission.
Canadian immigration offers appeals to applicants that have been denied approval for the spousal sponsorship program. Applications at outside-Canada Visa Offices abroad would be attended to by the Immigration Appeal Division. All in-Canada appeal cases should be directed to the Federal Court. Appeals for all immigration procedures have extremely strict deadlines - therefore, actions should be made as promptly as possible after rejection.
Canadian permanent residents get a five-year residency card that is valid and can be easily renewed following all legal eligibility. Permanent residents can stay in the country indefinitely while they study or work while and benefit from all social amenities just like any Canadian citizen. However, they are not citizens since they are still required to keep and renew their national citizenship and passports to remain in the country.
Citizens of Canada and permanent residents living in the country can sponsor their partners for permanent residency. Applicants can process the application from Canada if their spouses reside in the country or consider visa offices stationed across the globe to apply for spousal permanent residency in Canada.
Ideally, all spousal sponsorship applications should be ready for confirmation between 6 months and a year after submission.
A Canadian sponsor can decide to withdraw his/her spousal sponsorship application whenever they seem fit. However, this can only be done pending approval and before the recipient receives their permanent residency confirmation.
To avoid sending wasteful trial and error applications, an immigration lawyer would help an intending sponsored applicant confirm their eligibility for the spousal sponsorship program. Immigration lawyers are also experts at compiling the documents needed to help increase the chances of applicants on all types of spousal sponsorship programs.
Having a criminal record automatically strikes out a sponsored applicant or their foreign partner as being inadmissible for immigration into Canada. An immigration lawyer could, however, help the inadmissible individual with a temporary entry and visit into the country for a compelling reason.
Spousal sponsorship submission can be sent through the in-Canada option for foreign spouses currently residing in Canada – and visa offices at Canadian Embassies and Consulates for outside Canada applications.
Canadian sponsored applicants can bring in their unmarried dependent children that are below the age of 22 under the spousal sponsorship program. Sponsoring other family members like grandparents or parents can be done under other immigration programs.
Employing the services of an immigration lawyer helps applicants apply for their spousal sponsorship application with precision which would help save time and speed up the process.
Applicants who meet the eligibility requirements of any immigration category can apply to migrate to Canada. There are a few options to consider to increase your chances of migrating into Canada to become a temporary or permanent resident.
Immigrants with denied applications always have grounds to appeal. The Federal Court and Immigration Appeal Division generally coordinates immigration denial appeals. Overturn decisions by the Court or Immigration Appeal Division are then sent to the appropriate immigration authorities for an extended review and re-decision.
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