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spousal sponsorship in Canada

4/24/2023

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Spousal sponsorship is a process that allows Canadian citizens and permanent residents to sponsor their foreign spouse or common-law partner to come and live in Canada as permanent residents. The following are the basic requirements for a spousal sponsorship application for Canadian immigration:

  1. Eligibility of the Sponsor: The sponsor must be a Canadian citizen or permanent resident who is at least 18 years old and able to provide for the basic needs of the sponsored spouse/partner.
  2. Relationship: The sponsor must have a genuine relationship with the foreign spouse/partner, and the relationship must meet the legal definition of marriage or common-law partnership.
  3. Supporting Documents: The sponsor must provide supporting documents, including a marriage certificate or proof of common-law partnership, along with evidence of the genuineness of the relationship.
  4. Financial Support: The sponsor must demonstrate that they can financially support the sponsored spouse/partner and any dependents for a period of three to ten years, depending on the specific situation.
  5. Medical and Criminal Checks: Both the sponsor and the sponsored spouse/partner must undergo medical and criminal checks, which are mandatory as part of the immigration process.
  6. Application Fees: There are fees associated with the spousal sponsorship application, including the processing fee and the right of permanent residence fee

A few specific issues applicants for sponsorship may encounter during the process include:
  1. Incomplete or Inaccurate Documentation: One of the most common issues that applicants face is submitting incomplete or inaccurate documentation. This can result in delays or even rejection of the application.
  2. Ineligibility of the Sponsor: If the sponsor is not a Canadian citizen or permanent resident, or if they do not meet the other eligibility requirements, the application will be rejected.
  3. Insufficient Financial Support: The sponsor must demonstrate that they have sufficient financial means to support the sponsored spouse/partner and any dependents. If they cannot provide this evidence, the application may be rejected.
  4. Relationship Issues: If the relationship between the sponsor and the sponsored spouse/partner is not genuine, or if there are legal issues related to the relationship (such as bigamy), the application may be rejected.
  5. Medical or Criminal Issues: If either the sponsor or the sponsored spouse/partner has medical or criminal issues, the application may be rejected or delayed.
  6. Language Requirements: If the sponsored spouse/partner does not meet the language requirements for Canadian permanent residence, they may be required to take language classes or provide evidence of language proficiency, which can cause delays in the application process.

Requirement 4 can be quite difficult in some situations. Examples of evidence include:
  1. Marriage certificate or proof of common-law partnership: The applicant should submit a marriage certificate or proof of common-law partnership to show that they have a legal relationship with the sponsor.
  2. Joint bank accounts or financial statements: The sponsor and the partner should provide evidence of joint financial activities, such as joint bank accounts, shared credit cards, and tax returns filed jointly.
  3. Joint assets: The couple may provide proof of joint ownership of property, investments, or other assets, such as a joint mortgage or lease.
  4. Correspondence and communication: The couple should provide evidence of their communication, such as letters, emails, or text messages, to show that they maintain regular contact.
  5. Photographs: The couple can submit photographs of themselves together, with family and friends, or at significant events, to show that they have spent time together.
  6. Affidavits: The sponsor and the partner can provide sworn affidavits from family, friends, or other third parties who can confirm the genuine nature of their relationship.
  7. Travel history: The couple can provide evidence of their travel history, such as flight tickets or hotel reservations, to show that they have spent time together in different locations.
Overall, it is important to provide as much evidence as possible to show that the relationship between the sponsor and partner is genuine and meets the legal requirements for Canadian immigration.
The Spousal sponsorship application process can be complex and time-consuming. Potential applicants should seek the advice of an immigration lawyer to ensure that all the requirements are met and the application is drafted and submitted correctly.

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    This blog details the many legal issues among Luka's practice areas, for a general audience. None of this information is a substitute for legal advice.

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