SPOUSE & COMMON LAW SPONSORSHIP
This program gives immigrants an opportunity to reunite with their families by sponsoring their spouse or partner to stay with them. This class allows people who are permanent residents or citizens of Canada to invite their partners to reside in Canada as long as they meet the requirements as outlined by the government.
Outland Spousal Sponsorship:
If your partner resides outside of Canada then your application will proceed through the visa office in the sponsored spouse’s country. You still can apply if you and your spouse/ common-law partner live in Canada. Under this category, you will be eligible to Appeal a refusal which is not a case of Inland Spousal Application.
Inland Spousal Sponsorship:
You and your sponsor must live in Canada to process this application. The sponsored individual must be under temporary status in Canada as an employee, student, or visitor.
Following family members will be eligible under this program:
Spouse (Husband, wife, partner-marriage must be legally certified) Common-law partner (Person you are living without married) Conjugal Partner ( If your partner does not fall under the category of Spouse or common-law sponsorship however you are in relationship commitment equal to that of marriage for a minimum 1 year. There should be a qualifying reason why you cannot stay together. Different work locations, studying abroad, unable to get a visa to Canada will not be considered valid reasons.
Same-sex marriages and partners are eligible under these 3 categories.
Spouse: Individual with whom you legally married either in Canada or in another country. According to Canadian law, this can also be considered for a same-sex spouse.
Common-Law partner: In this category, the individual must have to show that you and your partner are in a conjugal relationship for at least 12 months continuously. It does not matter if you both are of same-sex or opposite.
Conjugal Partner: A person who is living outside Canada in a conjugal relationship with a sponsor for at least 12 months (couldn’t live as a couple) due to extenuating circumstances (immigration barrier, religious reason, etc.)
To qualify under this program, the individual who is sponsoring the partner or individual must:
Be a Canadian Citizen or Permanent Resident of Canada above the age of 18
Be willing to take financial responsibility for the sponsored person or as dependent for 3 years after entering into Canada as PR and up to 10 years.
Be able to show proof of legal marriage either in or outside of Canada as under jurisdiction law
The individual must show proof of at least 1 year of dependent relationship in the case of Conjugal or Common law.
An individual as spouse/ partner who qualifying under this class will Permanent Resident of Canada which opens a way for them to do anything that a Canadian citizen can do except vote or join the military. In addition to that, after satisfying the residency requirement the spouse/ partner becomes eligible to apply for citizenship.