Whether you’re looking to sponsor your spouse/partner or you’re looking to get sponsored, understanding the rules for Canada spousal sponsorship will save you time and ensure a successful permanent residence application.
For you to qualify as a sponsor, you must meet the following minimum requirements:
Requirements of a sponsor
- Must be at least 18 years old
- Must be a resident of Canada
- Must not have defaulted of a previous sponsorship
- Must not have sponsored a spouse within the last 5 years
- Must not be under a removal order
- Must not have defaulted any support payments ordered by the court
- Must not have an undischarged bankruptcy
- Must not be receiving social assistance other than disability
- Must have a clean criminal record (not been in prison, convicted of a violent crime that carries sentencing of more than 10 years, not been convicted of a sexual offence, not been convicted of a crime that involves bodily harm to a partner or relative)
The spouse or partner who wishes to be sponsored must also meet certain minimum requirements.
Qualifications Of The Sponsored Spouse Or Partner
To start with, the immigration authorities will investigate to ensure the relationship is genuine. Any signs that indicate the relationship is fabricated will lead to a refusal. They look at different factors such as the length of the relationship, the compatibility between the partners and how the marriage was conducted before approving the spousal sponsorship application.
Another qualifying factor is the criminal record of the spouse or partner. If the sponsored person has been convicted of a crime before in their country of origin, this could hinder their chances of the sponsorship application being approved. However, the person could request for rehabilitation if the criminal offence took place a significant amount of time ago.
Types Of Spousal Sponsorships
There are different types of spouse/partner relationships that are recognized in Canada.
Marital relationship: When the two individuals are married in any country, this can be recognized in Canada as a marital relationship provided there’s a marriage certificate that proves the legality of their union.
Common-law partnership: When two consenting adults have lived together in a marriage-like relationship for a consecutive period of two years, they are referred to as common law partners in Canada. The immigration authorities will request supporting documents such as shared bills and rental/lease agreements to prove that this type of relationship exists.
Conjugal partner relationship: If for some reason, two people have been living together in a marriage-like relationship but have not been able to live together continuously for two years, they can still be considered as genuine partners. Conjugal partnerships must prove that there are valid reasons why they haven’t been able to live together continuously for one year. The reasons shouldn’t be based on mere convenience.
Should you need help to navigate the process of applying for spousal sponsorship, partner with Matthew Jeffery, top immigration lawyer in Toronto.
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