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Sponsoring your spouse to come and live with you in Canada

2020-03-17 17:51:19
Sponsoring your spouse to come and live with you in Canada
If you’re a permanent resident of Canada and have a wife who is a foreign national, then you have the opportunity to bring them to Canada to come and live with you. Under Canada’s family sponsorship you can live together with your spouse in Canada provided you and your spouse meet the requirements of the spouse visa

Marrying a Canadian citizen doesn’t automatically give you citizenship nor permanent residency. You must obtain a permanent resident visa under the spousal, unmarried partner, or same-sex partner visa category to be able to live in Canada.

 

Spouse Visa

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.

 

Canada has two sponsorship programs allowing a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status.

 

1. Outland Spousal Sponsorship

2. The Inland Spousal Sponsorship

 

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.

 

Under the Inland sponsorship category, the foreign spouse/common-law partner must have valid temporary status in Canada, either as a worker, student, or visitor

 

In contrast to Outland applications (where the spouse is residing outside Canada), the person being sponsored through the Inland route may be eligible for an Open Work Permit while his or her application is being processed. This program can help to mitigate the consequences of a long application process by enabling the sponsored person to work for a Canadian employer, without first having a confirmed offer of employment.

 

Applicants who would like to obtain an open work permit should apply for one at the same time that they apply for permanent residence

 

Eligibility

Regardless of the sponsorship path chosen, both the sponsor and the sponsored person must meet a number of specific requirements in order to be considered eligible.

 

For the Sponsor:

 

· You’re at least 18 years old

· You hold Canadian citizenship or Permanent Residence.

· You have to prove you plan to continue living in Canada after the people you sponsor become residents.

· You are registered in Canada as an Indian under the Canadian Indian Act.

· You have enough financial income to provide for the people you are sponsoring.

· You are not receiving social assistance (other than for a disability).

· You are not in jail, prison, or penitentiary.

· You do not have a criminal history.

· You do not have an unpaid immigration loan, performance bond, or mandated family support payment (child support, alimony)*

· You have not declared bankruptcy. *

· You do not have a Removal Order.

 

For the Sponsored Person:

 

Spouse

Common-law partner

· You must be at least 18 years old

· You cannot have been sponsored yourself by another spouse/partner in the past five years.

· You cannot have remaining financial obligations to a spouse/partner you sponsored in the past.

 

· You must be at least 18 years old

· You cannot have been sponsored yourself by another spouse/partner in the past five years.

· You cannot have remaining financial obligations to a spouse/partner you sponsored in the past.

 

For your relationship

The applicant must prove that the relationship between the sponsor and the sponsored person qualifies under one of three categories:

 

· Spouse

This means that the Sponsor and the Sponsored Person are legally married. For those married within Canada, a Certificate of Marriage from the province or territory where the marriage took place will show that the marriage is valid. Note that same-sex marriages performed within Canada are valid for spousal sponsorship. If the marriage took place outside of Canada, it must be valid under the law of the country where it took place as well as under Canadian federal law.

 

· Common-law partner

In order to establish a common-law relationship, the Sponsor and the Sponsored Person must cohabit continuously for at least one year, excluding brief absences for business or family reasons.

 

Application

In order for the sponsored person to receive a visa, there are two parts to the spousal sponsorship application which they must go through

 

1. The Canadian or permanent resident applies to sponsor his or her spouse or common-law partner; and

2. The spouse or common-law partner applies for permanent residence

 

After 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.

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