Spousal and Common Law Sponsorship for Canada

Spousal and common law sponsorship for Canada are two methods through which Canadian citizens and permanent residents can sponsor their foreign spouse or common-law partner to come and live with them in Canada. In this article, we will explore the differences between these two sponsorship methods, their eligibility criteria, the application process, and the challenges that applicants may face.

Spousal sponsorship is the process through which a Canadian citizen or permanent resident can sponsor their legally married spouse to come and live with them in Canada. Common-law sponsorship, on the other hand, is the process through which a Canadian citizen or permanent resident can sponsor their partner who they have been living with in a conjugal relationship for at least one year.

Eligibility criteria

To be eligible for spousal or common-law sponsorship, both the sponsor and the sponsored person must meet certain eligibility criteria. For the sponsor, they must be at least 18 years old, a Canadian citizen or permanent resident, and not be receiving social assistance for reasons other than disability.

For the sponsored person, they must be at least 18 years old and legally married to the sponsor if applying for spousal sponsorship. If applying for common-law sponsorship, they must have been living with the sponsor in a conjugal relationship for at least one year. In addition, both the sponsor and the sponsored person must be able to prove that their relationship is genuine and not solely for immigration purposes.

Application process

The application process for spousal and common-law sponsorship involves several steps. First, the sponsor must submit an application to Citizenship and Immigration Canada (CIC) along with the necessary supporting documents, including proof of their Canadian citizenship or permanent residency, their marriage certificate or proof of common-law relationship, and evidence of their financial ability to support the sponsored person.

After the application is received and reviewed by CIC, the sponsored person must undergo a medical examination and obtain a police clearance certificate from their country of origin or any country where they have lived for six months or more since the age of 18.

Once all the necessary documents are submitted and processed, the sponsored person may be required to attend an interview with a CIC officer to confirm the genuineness of their relationship. If all requirements are met, the sponsored person will be granted permanent residency in Canada.

Challenges

While spousal and common-law sponsorship can be a great way for couples to be reunited in Canada, the application process can be lengthy and complicated, with a significant risk of rejection or delay. One of the main challenges is proving the genuineness of the relationship, which can be difficult, especially if the couple has only recently met or if they have been living apart for a significant period.

Another challenge is meeting the financial requirements for sponsorship, which can be particularly difficult for sponsors who are self-employed or have a low income. Sponsors must demonstrate that they have sufficient income to support themselves and their sponsored partner without relying on social assistance.

In addition, sponsored partners may face difficulties obtaining a police clearance certificate from their country of origin, especially if they have lived in multiple countries or have a criminal record. The medical examination requirement can also be a challenge for individuals with certain medical conditions or disabilities.

Conclusion

Spousal and common-law sponsorship are important ways for Canadian citizens and permanent residents to bring their foreign spouse or partner to live with them in Canada. While the application process can be challenging, it is important to be patient and thorough in gathering and submitting all the necessary documents and evidence. With the right preparation and guidance, couples can successfully navigate the process and be reunited in Canada.

Our expert Immigration Consultants in Toronto can help you with the complete process from beginning to end. You may contact us at the following, for a free consultation: