Spousal Sponsorship in Canada
Canadian citizens or permanent residents may sponsor a spouse, common-law or conjugal partner to become a Permanent Resident in Canada. The Sponsor shall sign an agreement with the Canadian Government stating his/her responsibility to support the sponsored spouse for a certain period financially. Spousal Sponsorship in Canada is one of the best ways to bring loved ones here.
According to the processing times given by IRCC, it can take up to 12 months to sponsor a spouse in Canada.
To sponsor your spouse in Canada, the sponsor must be a Canadian citizen or a permanent resident, at least 18 years of age, and must not fall within any of the ineligibility provisions. (must not be inadmissible)
You may be eligible to sponsor your spouse, dependent child, common-law, conjugal partner, parents, grandparents, adopted child, and an orphaned brother, sister, nephew, niece or grandchild. You may be able to sponsor one relative, related by blood or adoption, of any age; if you meet the conditions listed by IRCC and don't have a living relative (listed above), you could sponsor instead.
Spousal Sponsorship Application Appeal
If you submitted a spousal sponsorship application and it has been refused, you can submit an appeal at the Immigration Appeal Division. The Appeal Division will hold a hearing where you, the sponsor, will appear in person or on video and testify about your relationship. The Appeal might also have your spouse testify, either in person or by telephone conference, or video, if your spouse is outside Canada.
You and your spouse will have an opportunity to submit documentation to the Appeal Division to demonstrate the genuineness of your relationship for the Appeal Division to consider. In some circumstances, they grant the Appeal, and the Board Member determines that the decision by the immigration officer was unreasonable. In that case, your spousal sponsorship application returns to the Embassy or High Commission of Canada which processed your application, and it will be re-determined by a different officer.
If your spousal sponsorship application has is denied, please contact our office, and we will advise you based on your specific case. In some cases, we recommend appealing the decision.
Spousal Appeal can be a long process; you must take many steps to achieve success. The documentation needs to be addressed for accuracy and to explain the relationship and the officer’s concerns; it’s an incredibly frustrating process if not done correctly.
During the Appeal, the Ministers council will have the ability to ask the sponsor and any witnesses who can represent the sponsor for the case. The council for the sponsor will also be able to ask questions and clarify anything which could be left to question by the minister.
It is imperative to represent the facts in your case correctly and clearly show the minister that the relationship is genuine if this is the reason for the refusal. As counsel for the sponsor, it is our job to explain in detail by submission and hear that the case is genuine so that the Appeal is allowed or approved.
Canadian Spousal Sponsorship
Common-Law Partner Sponsorship
The Canadian Government considers common-law couples who have lived together in a conjugal relationship for at least 12 consecutive months (some exceptions apply) and have combined your affairs. The common-law partner isn’t legally married to you and can be either sex.
Parents & Grandparents Sponsorship
You can sponsor your parents and grandparents, related by blood or adoption, to become Canada’s permanent residents. The application intake for this program opens at the beginning of the year, so be sure to prepare before its opening date if you have the qualification and intention to sponsor your parents and grandparents.
Sponsorship of Other Eligible Relatives
If you have brothers, sisters, nephews, nieces, or grandchildren who are orphaned, under the age of 18 and are single, they may receive sponsorship to come to Canada as a permanent resident.
You may also be able to sponsor one relative if you do not have anyone, such as a partner, child, sibling, parent, grandparent, uncle, aunt, nephew or niece, a Canadian citizen or a permanent resident of Canada.
Conjugal Partner Sponsorship
Suppose you and your partner have been unable to live together due to circumstances beyond your control, but meet the other criteria for married or common-law sponsorship. In that case, you may be considered a conjugal partner. The conjugal partner can be of the same or opposite sex. You can still qualify for Canadian Spousal Sponsorship.
Two options are available to process spousal sponsorship: the family class process outside Canada or the In-Canada class. The type of application will depend on the family situation. Spousal Sponsorship is a two-stage process. The first stage is assessing the sponsor’s eligibility, and the second stage is the assessment of the sponsored person’s eligibility. There are specific criteria that you need to meet to have success in both stages. A marriage certificate alone does not prove a genuine relationship and, therefore, does not guarantee a permanent resident visa issuance. Preferred Immigration Services Inc can assist you in understanding and succeed with your spousal sponsorship application.
Dependent Children Sponsorship
Suppose you have children whom you want to sponsor to Canada. In that case, the first thing you need to check is whether you need to sponsor them or they are already Canadian citizens. They do not need sponsorship to come to Canada but to just apply for proof of Canadian citizenship. As the parent sponsor, this may happen if you are already a Canadian citizen at the time of your child’s birth/adoption.
If the above scenario does not apply to you, you may apply to sponsor your children to become Canada’s permanent residents. You will have to show that you have the financial capacity to support your children in Canada. In most cases, this a straight-forward application. However, complexities in these cases may also arise, which may cause delays or refusal of an application.
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