What are the spouse visa Canada requirements? - Aptech Visa

The steps and procedures for sponsoring your partner for Canadian permanent residency are very different from those for other visa types.

Language ability, employment history, and educational requirements are not required selection criteria for a spouse visa in Canada.

What are the essential requirements for Canada Spouse Visa?

In order to support their spouse or common-law partner:

• It is a requirement that you be at least 18 years old.
• If you are a Canadian citizen who currently resides outside of Canada, you must demonstrate your intention to move back to Canada as soon as your sponsored partner obtains Canada permanent residency.
• If you are a permanent resident who currently resides outside of Canada, you cannot sponsor your spouse.
• You must demonstrate that you are not receiving social assistance from the government for any other reason.
• You must demonstrate that you can meet the basic needs of the person you are sponsoring.
• You must make a commitment to support your sponsored family members financially, beginning on the day they become Canadian permanent residents.
• During that time, you must pay back any provincial social assistance that your family members received.
• The sponsorship agreement, which outlines the duties you and your sponsored spouse must agree to during their undertaking term, is also required.

According to this sponsorship agreement, you will:

• Provide for the basic necessities of your sponsored partner or spouse;
• As part of the application process, you will fill out and sign a form that includes a sponsorship and undertaking agreement.

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The following steps can help you sponsor your spouse to Canada:

• Collect the necessary papers and complete the forms.
• Pay your application fees, which comprise a $75 sponsorship fee, a $475 processing fee for the principal applicant, $490 for the right of permanent residence, and a $25 biometrics fee.
• Send your application and the necessary paperwork via ordinary mail or courier service.
• Watch for the processing of your application.

What is the processing time for sponsoring a spouse or partner to move to Canada?

Also read:

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

✅ How to sponsor your child for Canadian immigration

Typically, sponsorship applications take around a year to process. Normally, they don't take much longer than a year to process, but it depends on the specifics of your case.

In the event that there are problems with your application or the visa office needs more evidence of your relationship, the processing will be delayed and take longer.

FAQ

If my application for spousal sponsorship is rejected, can I reapply?

You can reapply if your application for spousal sponsorship is denied. However, it is crucial to provide additional information or proof in your application to address the cause of the rejection.

Can I withdraw my application for spousal or partner sponsorship?

Before the person you are sponsoring becomes a permanent resident of Canada, you have the right to withdraw your sponsorship application at any time.

Can my husband, conjugal partner, or common-law partner list their relatives on our application for spousal sponsorship?

Any accompanying dependent children may be listed on your spouse's, conjugal partner’s, or common-law partner's application for permanent residence.

Also read:

✅ Canada will extend the Super Visa to 5 years per entrance

✅ Canada to allow super visas for parents and grandparents of Canada PR and citizens

✅ Parent and Grandparent Programs for Canada Immigration to record high in 2022

Sponsor your spouse or partner to Canada with Canada Spouse Visa - Aptech VIsa

Getting hitched this season? How to apply as your spouse's sponsor for immigration to Canada. A description of the spousal sponsorship process in Canada. You can begin your application to sponsor your spouse now if you intend to wed this summer.

How to support your partner or spouse

Foreign spouses, common-law partners, and conjugal partners may be sponsored by Canadian citizens and permanent residents to settle in Canada and become permanent residents.

You need to fulfil the following requirements in order to be qualified to sponsor your spouse or partner:

• You are at least 18 years old,
• You are a citizen of Canada,
• You are a permanent resident of Canada, or
• You are a person who has registered under the Canadian Indian Act,
• You currently reside in Canada or are a Canadian citizen who intends to do so;
• You do not qualify for social assistance due to a handicap; and
• You are able to meet your fundamental requirements and those of your spouse or partner (and if applicable, those of dependent children).

                          FREE CANADA IMMIGRATION ASSESSMENT FORM

The sponsored individual must be at least 18 years old and clear all security, background, and medical examinations.

Additionally, you and your foreign spouse or partner must demonstrate that your relationship is real. You must demonstrate your validity as a married person if you are sponsoring a spouse. As an alternative, common-law partners must demonstrate they have been living together continuously for at least 12 months in a marriage-like relationship. Similar to this, you must demonstrate that, despite being in a committed relationship for at least a year, there have been major impediments keeping you apart from living together (such as cultural, religious, or immigration obstacles).

Outland or inland sponsorship are the two alternatives available when sponsoring a spouse or companion. The outland sponsorship option is for couples when one partner does not currently reside in Canada and the other lives overseas while the Canadian sponsor does. The inland sponsorship option is available to Canadian residents who are living together and whose foreign spouse or partner is temporarily registered as a worker, student, or guest in Canada.

Can you submit your application even though you are engaged to be married?

The 12-month living or relationship criteria demonstrate that you do not need to be married to start the application procedure if you are in a common-law or conjugal relationship. If you intend to get married soon but are not currently in a common-law or conjugal union, you can start the spousal application procedure before you tie the knot. This expedites the procedure so that the application can be filed to Immigration, Refugees, and Citizenship Canada (IRCC) as soon as you get married.

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It is essential to speak with a knowledgeable Canadian immigration lawyer who can help you navigate the process if you intend to get married this summer and would like to start your application now. You may demonstrate your connection is sincere with the aid of a lawyer, who can also assist you avoid errors that might cause unneeded delays in the application processing.

Additionally, the IRCC said that the typical processing timeframes for fresh spousal applications have returned to its 12-month service norm. Additionally, the IRCC has launched an online case tracker that enables sponsors to keep tabs on the development of their applications.

Also read:

How to sponsor your child for Canadian immigration

Canada will extend the Super Visa to 5 years per entrance

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

How can I demonstrate to the IRCC my relationship with my spouse or partner?

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How can I demonstrate to the IRCC my relationship with my spouse or partner?

Your spouse or partner must be sponsored for Canadian immigration by you in order to do so, and IRCC needs to verify that the relationship is real. 

You may sponsor a foreign national to move in with you in Canada and become a permanent resident if you are a Canadian citizen or permanent resident in a relationship with that individual. Your spouse, common-law partner, or romantic companion may be sponsored.

You must be able to show that your relationship with the sponsored individual is truthful by offering proof and accompanying paperwork in order to qualify for spousal or common-law partner sponsorship. Whether you have a spouse or partner will affect the criteria for demonstrating your relationship.

Demonstrating your marriage to your partner

A list of documents that can be used to prove your relationship with your spouse is provided by Immigration, Refugees and Citizenship Canada (IRCC), including:

• A completed IMM 5532 "Relationship Information and Sponsorship Evaluation" questionnaire.
• A marriage license and evidence that the union was officially registered with a government body.
• If your partner was previously married, evidence of the divorce.
• Long-form birth certificates or adoption records that list both parents' names if you share children.
• Pictures and invitations to weddings.

FREE CANADA IMMIGRATION ASSESSMENT FORM

Couples must also present proof from at least two of the following sources:

• A rental agreement attesting to the couple's occupancy of the property; evidence of joint ownership of a residential property.
• Proof of shared bank accounts, credit cards, or utility accounts (such as electricity, gas, telephone, and internet).
• Evidence from the couple's auto insurance that they both listed the same address as their primary residence with the insurance provider.
• Documents issued by the government bearing the same address (such as a driver's license);
• Additional records demonstrating the couple's shared address (such as phone bills, pay stubs, tax records, etc.)

Demonstrating your partnership with your partner

Additionally, the IRCC provides a list of documents that can be used as proof of your relationship with your spouse, among them:

• A completed IMM 5532 "Relationship Information and Sponsorship Evaluation" questionnaire.
• Proof of divorce from a prior spouse, if either party was previously wed.
• A completed IMM 5519 form if one of the partners has ever been in a common-law union with another person.
• If the couple has children in common, long-form birth certificates containing the names of both parents are required. A couple’s photos are also needed.

Couples must additionally submit two sets of documentation from each of the following categories (or a written justification if you are unable to submit evidence from two or more of these categories):

• Records attesting to the couple's status as common-law partners (such as employment or insurance benefits).
• Evidence that the relationship is acknowledged by friends and/or family and that the couple shares expenses or provides financial assistance for one another (letters, social media information showing the relationship is public).

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The pair must present proof of at least two of the following sets of documents if they are cohabitating:

• Proof of shared ownership of a home or a rental agreement proving the couple is the property's tenant.
• Proof of shared utility accounts (such as electricity, gas, telephone, and internet).
• Joint bank accounts or credit cards.
• Evidence from the couple's auto insurance that they both listed the same address as their primary residence with the insurance provider.
• Documents issued by the government bearing the same address (such as a driver's license);
• Additional documentation supplied to the couple demonstrating their shared address (such as cell phone bills, pay stubs, financial statements, tax records, insurance policies, etc.)

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If the couple is not now cohabitating, they must provide the following to demonstrate that they were previously cohabitating for at least a year:

• Proof that they were in touch, such as correspondence in the form of letters, written text messages, emails, social media posts, or other documentation attesting to their communication. This should not exceed 10 pages.
• Documentation such as flight tickets, boarding passes, and passport photocopies bearing stamps proving that the Canadian citizen or permanent resident has visited their partner. The sponsored person must provide an explanation in the IMM 5532 questionnaire if visits were not made (Part C, question 4).

APPLY FOR CANADA FAMILY SPONSORSHIP PROGRAM

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Also read:

How to sponsor your child for Canadian immigration

Canada will extend the Super Visa to 5 years per entrance

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

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You can also read the latest Canada Immigration News and Draw Updates here.

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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:

Free Canada Immigration Assessment Form

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.