Spouse or Common-law Partner

If you have a spouse or even a common law or conjugal partner in Canada, then we’ve got good news for you: it may be possible for us to help reunite you with your spouse through the Family Class Immigration program. Canada believes it is very important to keep families together whenever possible. These applications are given high priority.

However, it’s not always as easy and straightforward to meet the standard of proof for eligibility requirements (listed below) as it might seem. When you’re trying to prove that your relationship qualifies it is good to have experts on your side.

The Spousal Sponsorship Category

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner for Canadian permanent residence.

Both the Canadian citizen or permanent resident (also called the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be approved by Immigration, Refugees and Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.

In order to receive a visa through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories:

• Spouse
• Common-law Partner
• Conjugal Partner

NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under any of the above three categories, provided they meet all eligibility requirements. 

Outland Sponsorship

An Outland application is generally pursued when the sponsored partner is living outside of Canada. However, Outland applicants can still be in Canada and apply through the Outland program, and may be permitted to travel in and out of Canada throughout the application process. Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year.

Inland Sponsorship

The other potential option for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The downside to the Inland route is that applications typically take longer to process. However, the person being sponsored may be eligible for an Open Work Permit, allowing him or her to work for any employer in Canada while the sponsorship application is being processed.

Outland Sponsorship

Permanent residence granted under the Spousal Sponsorship program carries certain conditions that must be met:

• The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
• Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian permanent residence.
• A two-year “legitimate relationship” regulation applies to spouses/partners who have been in a relationship for two years or less and who have no children in common at the time of application submission. Once in Canada, the sponsored person must live with their spouse/partner in a “legitimate relationship” for two years or face the possibility of having their permanent residency revoked. Exceptions will be made for sponsored spouses or partners who are suffering from abuse or neglect.

Does this sound like the right immigration program for you?

If so, contact CIP today. If this is not the right program for you, we’ll be happy to help you identify a different one that might work. In addition, we are here to answer all of your questions and concerns. Everyone’s situation is unique!