The sponsorship of a spouse or common-law partner for canada

The objective of the family class is to bring families together to Canada.

The family class allows Canadian citizens and permanent residents to sponsor their dependent children, parents, and grandparents, spouses, common-law partners or conjugal partners.

The Government of Canada is committed to keeping families together as much as possible. As such, the processing of these applications remains a high priority for Canadian immigration offices.

Sponsorship category of spouse 

The sponsorship program of the spouse or spouse and a sub-category of family reunification. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner to obtain Canadian permanent residence.

The Canadian citizen or permanent resident (also referred to as the “sponsor”) as the foreign national (the “sponsored person”) must be approved by Immigration, Refugees and Citizenship Canada (IRCC, previously known as Citizenship and Immigration Canada) sponsored person can receive a visa.

Click on the link below to learn more about the eligibility criteria that apply to sponsor and sponsor:

Criteria for sponsoring a spouse or common-law partner

In order to obtain a visa under this program, the sponsor and the sponsored person must demonstrate that they are affected by one of the following relationships:

  • Spouses (se)
  • Law partner
  • Marital partner

The external category

An application sponsorship of spouses or common-law partners outside Canada is generally prosecuted when the sponsored person resides outside of Canada. However, the applicant may remain within Canada and submit an application under the external category and may be able to enter and leave Canada during the processing of the application. External requests are processed by the visa office linked to the applicant’s country of origin, or the country where he/she has been lawfully resident for at least one year.

The internal category

The other option for sponsorship of spouses or common-law spouses and the internal category. Candidates can choose this option when they stay together in Canada and the foreigner (the sponsored person) holds temporary status in Canada as a temporary worker, student, or visitor. The sponsored person may be eligible for an open work permit, which allows him/her to work for any employer in Canada while processing his / her application.

 

After Sponsorship

Once permanent residence is granted, the sponsorship category of a spouse or spouse requires certain conditions to be met:

  • The sponsor is financially responsible for the person sponsored by the sponsor for the three years following the granting of permanent residence.
  • A two-year rule of lawful relationship applies to spouses/partners who have been in a relationship for two years or less and who do not have children in common at the time of application.  Exceptions will be made for sponsored spouses or partners who are victims of abuse or neglect.

Sponsorship of spouses or common-law partners outside Canada

This sponsorship program allows a Canadian citizen or permanent resident to sponsor his / her spouse or common-law partner for permanent resident status, regardless of where the spouse or common-law partner currently resides.

The spouse and common-law partner sponsorship program is a sub-section of the family class immigration category. Under this program, a Canadian or a permanent resident may sponsor his / her spouse or common-law partner for permanent resident status in Canada. The Canadian citizen or permanent resident (also known as the “sponsor”) and the foreign national (the “sponsored person”) must be approved by Immigration, Refugees, and Citizens Canada.

  • The Canadian citizen or permanent resident apply for sponsorship of spouse or common-law partner; and
  • The spouse or common-law partner submits an application for permanent residence.

The choice to proceed through external sponsorship is generally made when the sponsored person remains outside Canada. On the other hand, it is still possible for a spouse or common-law spouse who lives in Canada to apply to the external program. This option may allow the sponsored person to travel within and outside of Canada during the processing of the application. In such a case, however, it is at the discretion of the Canadian immigration authorities to allow the person sponsored in Canada to re-enter the process. In addition, it is at their discretion to decide whether the application can continue to be processed if the sponsored person leaves Canada at some point during the process.

External requests are processed by the visa office from the applicant’s country of origin or from the place where they have been legally resident for at least one year. The processing times are indicated by individual countries where the application is made, which allows couples to make better decisions more informed in relation to the referral path they pursue, either within Canada (domestic) or outside of Canada (external).

In the case of spousal or common-law sponsorships, the IRCC undertakes to issue visas as quickly as possible in order to bring families together quickly. The objective of IRCC is to process applications submitted to this category within 12 months.

Sponsorship of spouses or common-law partners outside Canada

This sponsorship program allows a Canadian citizen or permanent resident to sponsor his / her spouse or common-law partner for permanent resident status, regardless of where the spouse or common-law partner currently resides.

The spouse and common-law partner sponsorship program is a sub-section of the family class immigration category. Under this program, a Canadian or a permanent resident may sponsor his / her spouse or common-law partner for permanent resident status in Canada. The Canadian citizen or permanent resident (also known as the “sponsor”) and the foreign national (the “sponsored person”) must be approved by Immigration, Refugees and Citizens Canada

  • .The Canadian citizen or permanent resident apply for sponsorship of spouse or common-law partner; and
  • The spouse or common-law partner submits an application for permanent residence.

The choice to proceed through external sponsorship is generally made when the sponsored person remains outside Canada. On the other hand, it is still possible for a spouse or common-law spouse who lives in Canada to apply for the external program. This option may allow the sponsored person to travel within and outside of Canada during the processing of the application. In such a case, however, it is at the discretion of the Canadian immigration authorities to allow the person sponsored in Canada to re-enter the process. In addition, it is at their discretion to decide whether the application can continue to be processed if the sponsored person leaves Canada at some point during the process.

External requests are processed by the visa office from the applicant’s country of origin or from the place where they have been legally resident for at least one year. The processing times are indicated by individual countries where the application is made, which allows couples to make better decisions more informed in relation to the referral path they pursue, either within Canada (domestic) or outside of Canada (external).

In the case of spousal or common-law sponsorships, the IRCC undertakes to issue visas as quickly as possible in order to bring families together quickly. The objective of IRCC is to process applications submitted to this category within 12 months.

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