What is Canada Spousal Sponsorship Program - Aptech Visa

Spousal sponsorship refers to bringing a married partner to Canada because the word spouse connotes a marital relationship. Marriage is regarded as a marriage under Canadian immigration law if it occurred in a jurisdiction where it was legal to do so or if Canadian law recognizes it as such.

The applicant must be at least 18 years old and present proof of the validity of the relationship in order to sponsor her spouse for immigration to Canada. Spousal sponsorship in Canada falls under the heading of "Family Sponsorships" Such applications consist of two parts: the first is an application to become a sponsor, and the second is an application for the spouse's permanent residence. The application package for both must be submitted at the same time. The application is traceable and needs to be updated whenever anything changes. If the application is complete, the final approval process could take up to several months.

Conditions for Spousal Sponsorship Eligibility

The sponsor must be certain that they are qualified to sponsor before approving a spouse's application to immigrate to Canada through a spousal sponsorship scheme. 

Following are a few crucial considerations to bear in mind:

• The sponsor must be at least 18 years old to submit an application.
• He or she must be a citizen or legal resident of Canada.
• The sponsor must be a resident of Canada; if not, he or she must show proof of residency after the spouse is sponsored.
• He or she needs to be able to demonstrate the validity of the connection. (For example, marriage licenses, images, additional supporting documents, etc.)
• Although it is not necessary to provide proof of income when applying for spousal sponsorship, the sponsor must demonstrate that he or she has the resources to support their spouse's basic necessities.
• The sponsor is not allowed to accept government support, with the exception of rare cases like social disability.
• Became a Canada permanent resident less than five years ago after being sponsored by a spouse or partner (sponsor) as the primary applicant.
• Must have a spotless criminal record free of convictions.
• No sexual or violent convictions.
• Cannot be in bankruptcy proceedings.
• Not subject to the removal order.

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Forms Needed to Sponsor a Canadian Spouse

It is crucial to remember that the sponsored spouse must be in good health and have no criminal convictions. After arriving in Canada, the spouse is permitted to work and/or study there. To complete the process, the applicant and sponsor must fill out the following forms:

The following forms must be completed and included in the application for Canadian Spousal Sponsorship:

1. Sponsorship commitment and agreement
2. Survey on Relationships
3. Sponsorship assessment
4. Financial Assessment Form (shows the sponsor’s financial capability to provide for spouse)
5. Generic Application from Canada, Number 5
6. Form for Additional Family Information, page 6
7. Extra Dependents or a Declaration (in case of more than 5 dependents on the application)
8. Background/Declaration in Schedule A
9. Representative Form (in the event you hired one, it specifies that you have hired a consultant or immigration lawyer to help you with the procedure)

Depending on the type of sponsorship application, the list of forms may change. Applications for spousal sponsorship come in two flavours: inland sponsorship and sponsorship from outside Canada. Immigration, Refugee, and Citizenship Canada (IRCC) have pledged to make decisions on all of those applications within a year. Processing times vary for each category and also depend on the applicant's country of origin or residence.

Documents Needed to Sponsor a Spouse

Comprehensive documentation is needed for immigration under the Canadian spousal sponsorship scheme. Documents that are not in either English or French must have a certified translation attached. It will be necessary to get a police clearance while applying. Additionally, a receipt for any government costs must be included with the application. You may not hear from the IRCC until approximately one to two months have passed. This initial acknowledgement, known as Approval in Principle, will state that the application has been received and is processing. This stage of the IRCC spousal sponsorship application is for the sponsor, who is identified as an eligible sponsor and informed that the application is being examined for further processing before being forwarded to the appropriate immigration authorities in charge of handling such applications.

As of April 28, 2017, Immigration, Refugees, and Citizenship Canada (IRCC) no longer grants sponsored wives and partners of Canadian citizens conditional Canada permanent residency.

Initially, the rule stipulated that the sponsor and spouse must have lived together for at least two years. Each application is carefully examined, though, and bogus unions that just want Canada permanent residency are closely monitored.

Reasons that a spouse sponsorship application can be rejected

Following are a few reasons a spouse sponsorship application could be turned down:

• The immigration official felt that the marriage was not sincere.
• A dearth of supporting information.
• Factual mistakes.

As a result, it is advised that:

• All text messages, emails, and conversations from the relationship should be kept;
• Photos taken together should be kept as proof;
• Joint accounts should be kept;
• Insurances should be kept.
• Anything that could be used to assess the validity of the marriage.

Maintain insurance and anything else that could be used to establish the validity of the marriage.

A compelling argument will ensure that your spouse's application to immigrate to Canada is approved, but a complete and polished presentation will stop the immigration officer from asking for further documentation and slowing down the immigration Canada spousal sponsorship application procedure.

Immigration legislation in Canada differs from that in the United States. To be qualified to sponsor a move by an American citizen and his or her spouse to Canada, the American must first become a Canadian permanent resident.

Processing Period for Applications for Spousal Sponsorship

The length of time it takes to process a spouse visa for Canada can vary depending on how complex the application is, but processing times typically range from one year to two years depending on the type of sponsorship, such as inland spousal sponsorship or an outside Canada spousal sponsorship program.

Also read:

✅ Sponsor your spouse or partner to Canada with Canada Spouse Visa

✅ How to sponsor your child for Canadian immigration

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Sponsorship of a Spouse in Canada without Legal Status – Aptech Visa

The spouse or common-law partner of a Canadian citizen may submit an internal spouse sponsorship request under the Canada spouse sponsorship procedure even though they do not have a legal right to be in Canada. However, there are several situations in which a spouse without legal status will not be permitted to submit.

Both requests from within Canada and those from outside are accepted through the Canada Spouse Sponsorship process. Undoubtedly, a Canadian strategy is the only one that will work in the case of the sponsored person failing to maintain approved status while in the state.

If you don't have legal status in Canada, you may still apply for permanent residence through the Canada spouse sponsorship process in the following circumstances:

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If you arrived in the country with a visa for temporary residence and stayed there longer than allowed. For individuals applying for permanent residence as the spouse or common-law significant other of a Canadian citizen or permanent resident, the Canada spouse sponsorship method would create an exception in certain circumstances. 

If you didn't have a valid passport or other acceptable forms of identification when you entered. When you are a spouse or common-law partner, you are eligible to apply for permanent residence through the Canada spouse sponsorship process. However, in order to apply, you will need a valid passport obtained from your home country.

Also read: Canada will extend the Super Visa to 5 years per entrance.

If you are deemed inadmissible to the country, the Canada Spouse Sponsorship Program will allow you to apply for permanent residency as a spouse or common-law partner. On the other hand, it's possible that the reasons you were rejected had nothing to do with your lack of status. For instance, issues with your health or safety may prevent you from being approved for permanent residence.

Situations in which you are ineligible to apply for permanent residence under Canada's spouse sponsorship program because you do not have valid immigration status in Canada include:

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In the event that you were ever expulsed from Canada and returned without permission. Your application for Canada spouse sponsorship will likely be rejected in this situation. However, if you happen to go back to your own home country, you could be allowed to perform an outside the territory process. You must be aware that if you apply for permanent residency through Canada's spouse sponsorship process without having a valid status, you will not be allowed to work or enrol in school there until you have been awarded resident standing. Additionally, you could be deported at any time.

Also read: Canada to allow super visas for parents and grandparents of Canada PR and citizens

It will probably take 12 to 18 months to process a spouse sponsorship application from within Canada. The process of sponsoring a spouse outside of Canada will take six to twelve months.

Things you need to know before sponsoring your spouse to Canada

What are my responsibilities when I sponsor my spouse for immigration to Canada?

In other words, you must be able to meet your husband's or common-law partner's demands.

Suppose you want to sponsor your spouse or partner to immigrate to Canada permanently. In that case, you must sign an undertaking pledging financial assistance for their essential needs (and their dependent children, if applicable).

Sponsor your family's immigration to Canada

The following items are considered basic needs:

• Food, clothing, shelter, and everything else required for daily living
• Dental, eye, and other non-public health treatments

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You must be assured that the sponsored individual won't need to turn to the government for financial assistance before you sign the undertaking agreement. Additionally, you will be obligated to repay any government social assistance payments they made while you were in charge of them if they did.

The commitment is a legally-binding pledge of support. It holds you accountable for providing for the applicant throughout the undertaking term, regardless of changes to your situation. The arrangement will stay in force regardless of whether:

If any of the following occur:

• You get divorced, separate from the person you're sponsoring, or your relationship with them ends
• You relocate to another province or country;
• You have financial difficulties.

How long will the undertaking take?

For Quebec citizens, the undertaking will take longer than it will for Canadians. The duration of the endeavour, if you are sponsoring a spouse, common-law partner, or conjugal partner in any province of Canada other than Quebec, is three years from the date the sponsored person becomes a permanent residence.

The duration of the commitment is likewise three years if you are sponsoring a dependent child who is older than 22. The duration of the undertaking, if the dependent kid is under the age of 22, is 10 years from the date they become permanent residents or until they turn 25 years old, whichever occurs first.

Can I revoke my commitment?

Before a final decision is reached on the case, you must send a letter to Immigration, Refugees, and Citizenship Canada (IRCC) stating that you no longer want to sponsor a spouse or partner. Only undertakings that have been accepted by the IRCC may be withdrawn.

You can also read the latest Canada Immigration News and Draw Updates here. If you are interested in studying in Canada then for more info, please click study abroad consultants in Delhi

For more info, please call: +91-7503832132, +91-9131059075, +91-8447281370, Write to us at: info@aptechvisa.com and Fill out the Free Canada Immigration Assessment Form