Last Updated on: 16th August 2024, 09:57 am

The Canadian spousal/common-law sponsorship program stands as a testament to the country’s commitment to family reunification, yet it is accompanied by a labyrinth of legalities and administrative steps that can be daunting to the uninitiated. The process of sponsoring a spouse or common-law partner to live in Canada as a permanent resident is imbued with both complexity and sensitivity.


Here is a list of top 5 checklists to follow:

1. Sponsorship Eligibility

The eligibility criteria for spousal/common-law sponsorship in Canada encompass a range of specific conditions that must be meticulously understood and met by both the sponsor and the applicant.

For Sponsors:

  • Residency Requirements: While Canadian citizens living abroad can sponsor, they must demonstrate an intention to return to Canada when the sponsored person becomes a permanent resident.
  • Financial Stability: Sponsors need to prove their financial ability to support the applicant. This does not necessarily mean a high income, but rather a stable financial situation without reliance on social assistance.
  • Legal Obligations and Status: The sponsor must not be under a removal order, incarcerated, or charged with a serious offense. Past sponsorship undertakings, if any, should be examined, especially if the sponsor has previously sponsored another spouse or partner.

For Applicants:

  • Relationship Authenticity: The genuineness of the relationship is scrutinized. This involves more than just legal marriage or a common-law status; it requires proof of a genuine, ongoing partnership.
  • Immigration History and Compliance: The applicant’s previous stays in Canada, compliance with visa conditions, and any immigration-related issues are carefully reviewed.
  • Medical and Criminal Admissibility: Applicants must pass medical exams and should not have serious criminal records or pose a security risk.

Uncommon Eligibility Scenarios:

  • Prior Marriages or Partnerships: If either party has been previously married or in a common-law relationship, the dissolution of those relationships and the reasons behind them can be relevant.
  • Age Difference and Cultural Factors: Significant age differences or different cultural backgrounds may prompt additional scrutiny to ensure the relationship is genuine.
  • Children from Previous Relationships: The presence of children from previous relationships can add complexity, particularly in terms of custody arrangements and the consent for the children to immigrate.

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2. Documentation

Less Common but Important Documents:

  • Proof of Relationship Continuity: Apart from the basic marriage or common-law partnership certificates, applicants should provide evidence of ongoing communication (like emails, chat logs, phone records), joint financial records, or affidavits from friends and family affirming the relationship.
  • Prior Relationship Documents: If either party has been in previous relationships, legal documents pertaining to divorce or separation, as well as custody agreements for children, become essential.
  • Police Certificates: While criminal record checks are standard, applicants from certain countries may need to provide more detailed police certificates, which can be challenging to procure.
  • Medical Records: Detailed medical reports, especially if there are existing health conditions, are crucial. This goes beyond the basic medical examination reports and includes a full medical history.
  • Immigration History Documents: If the applicant has a complex immigration history, documents related to previous visas, entries, and exits from Canada or other countries can be required.

Supplementary Evidence:

  • Chronological Order: Organize documents in a chronological manner. This helps in presenting a clear timeline of the relationship or the applicant’s immigration history.
  • Categorization: Group documents into categories (like relationship proof, financial stability, legal documents) for easy reference.
  • Summary Sheets and Labels: Creating summary sheets and labeling documents can aid the reviewing officer in understanding the context and relevance of each document.
  • Use of Tabs and Indexes in Physical Files: If submitting physical documents, use tabs and indexes to separate different sections.
  • Explanation Letters: Accompany complex or unusual documents with explanation letters that provide context. This is particularly helpful in uncommon scenarios or when documents are not in English or French.
  • Quality over Quantity: While thoroughness is key, avoid overloading with irrelevant documents.

 

3. Assessing and Demonstrating Financial Stability

Assessing Financial Readiness:

  • Understanding Minimum Income Requirements: Although there is no strict minimum income requirement for most spousal sponsorships, sponsors must prove they can support their partner without relying on social assistance.
  • Evaluating Current and Future Finances: Assess current earnings, savings, and expenditures. Consider future financial responsibilities, including those related to the sponsored person.
  • Debt and Obligations Assessment: Review existing debts and financial obligations, such as mortgages, loans, or previous sponsorship undertakings, as these impact overall financial stability.

Demonstrating Financial Stability:

  • Employment Evidence: Provide employment letters, pay stubs, and tax documents (like T4 slips or Notice of Assessment from the Canada Revenue Agency) to demonstrate consistent income.
  • Bank Statements and Savings: Show bank statements and savings accounts to exhibit financial reserves and sound financial management.
  • Budget Plan: Presenting a detailed budget plan can be beneficial. This should include income, regular expenses, and how the sponsor plans to financially support the partner.
  • Property and Asset Documentation: If applicable, provide documentation of property ownership or other significant assets.

Preparing for Financial Scrutiny:

  • Consistency in Documentation: Ensure that all financial documents are consistent with each other and with the information provided in the application forms.
  • Addressing Gaps or Fluctuations: Be prepared to explain any significant gaps in employment or fluctuations in income. Supporting documents or letters can be useful in these cases.
  • Proof of Financial Co-mingling for Common-Law Partnerships: In common-law relationships, showing joint financial responsibilities, such as shared leases, utility bills, or joint bank accounts, can strengthen the application.
  • Readiness for In-Depth Review: In some cases, immigration officers may request additional financial information or clarification. Sponsors should be prepared for this possibility and respond promptly and accurately.

 

4. Timeline Planning

Setting Realistic Timelines:

  • Understanding Processing Times: Familiarize yourself with the current average processing times for spousal sponsorship applications, but be aware that these are only estimates and can vary based on many factors.
  • Considering Application Complexity: Complex cases, such as those involving previous marriages, children from prior relationships, or extensive immigration histories, may take longer to process.
  • Accounting for External Factors: Be prepared for delays due to external factors like policy changes, global events, or operational slowdowns in government agencies.

Preparing for Possible Delays:

  • Financial Cushion: Ensure you have a financial buffer to handle unforeseen delays, which might affect your plans for housing, income, or other critical areas.
  • Legal and Immigration Consultations: Keep in touch with your immigration lawyer or consultant to stay updated and to understand the implications of any delays.
  • Emotional and Mental Preparedness: Recognize the emotional toll of waiting and uncertainty.

Strategies for the Waiting Period:

  • Career and Education Planning: The sponsor and the applicant should consider their career or education paths. For the applicant, this could mean pursuing courses that are beneficial for their future in Canada.
  • Healthcare Considerations: Understand the healthcare implications for the applicant during the waiting period, especially if they are already in Canada.
  • Family Planning: For couples planning to start or expand their family, consider the implications of having a child during the sponsorship process, such as healthcare coverage and legal status.
  • Temporary Visits: Explore the possibility of temporary visits if the immigration process allows it.
  • Backup Plans: Have contingency plans for critical situations, such as what to do if the sponsored partner’s temporary status in Canada is nearing expiration.

 

5. Post-Approval Steps

After the approval of a spousal/common-law sponsorship application in Canada, it is imperative to understand and fulfill ongoing obligations to maintain compliance and legal status.

Post-Approval Obligations:

  • Sponsor’s Responsibilities: The sponsor is responsible for financially supporting the sponsored spouse or partner for a period of three years after the partner becomes a permanent resident. This obligation remains even if the relationship, employment status, or financial situation changes.
  • Updating Immigration Authorities: Any changes in address, employment, marital status, or family composition must be reported to Immigration, Refugees and Citizenship Canada (IRCC).
  • Adherence to Laws and Policies: The sponsored partner must adhere to all Canadian laws and immigration policies.

Immediate Steps Post-Approval:

  • Confirm Permanent Resident Status: Ensure that the sponsored partner receives their Confirmation of Permanent Residence (COPR) and, if applicable, a permanent resident visa.
  • Apply for a Permanent Resident Card: If the sponsored partner is in Canada, they should apply for a Permanent Resident (PR) card as proof of their status.
  • Healthcare and Social Insurance Number: Register for provincial healthcare coverage and obtain a Social Insurance Number (SIN) for the sponsored partner.
  • Update Personal Documents: Update personal documents like driver’s licenses, bank accounts, and other official records to reflect the new status.
  • Review Employment and Education Opportunities: Explore employment or educational opportunities for the sponsored partner, including any necessary accreditation or certification.
  • Financial Planning: Reassess the couple’s financial situation; including updating any joint accounts or investments, and creating a budget that reflects the new family dynamic.

Long-Term Compliance:

  • Fulfilling the Residency Obligation: The sponsored partner must meet residency obligations to maintain their PR status. This includes being physically present in Canada for at least 730 days within a five-year period.
  • Preparing for Citizenship (If desired): Start preparing for the citizenship process if the sponsored partner intends to apply.
Assad Bajwa, Immigration Consultant
Assad B.

I'm a fully licensed Immigration Consultant based in Toronto. My goal is to make your immigration journey as smooth and successful as possible. Follow my blog to stay informed on the latest immigration updates, tips, and insights to help you achieve your goals in Canada.