Spousal or Common-law Sponsorship applications for permanent residence

More Information about the Process of Spousal Sponsorships

Sponsoring a spouse or partner is one of the most common ways that individuals obtain permanent residence in Canada, but because of the scrutiny placed on these types of applications to prove the genuineness of the relationship, applications must be made with proper attention to detail.

The most important aspect of any spousal sponsorship application is to demonstrate to Immigration, Refugees and Citizenship Canada (IRCC) that your marriage or common-law partnership is genuine and not “entered into primarily for immigration purposes.” If a marriage is determined to be entered into for immigration purposes, then your application will be refused. For this reason, a great deal of emphasis must be placed on the supporting documentation you submit to prove the genuineness of your relationship.

As in all immigration applications, there are certain factors that may bar you from acting as a sponsor or from being sponsored. For example, you may not be eligible to be sponsored if you have:

• been convicted of certain crimes;
• did not meet the terms of a sponsorship agreement in the past; or
• did not pay court-ordered alimony or child support, or if you are in receipt of government financial assistance (for reasons other than being disabled).

Some examples of why you may not be eligible to be sponsored include:

• if you are under 18;
• if you were married to someone else at the time of your marriage to your sponsor; or
• your sponsor has sponsored another spouse in the past and five years have not passed since that person became a permanent resident.

These lists are not exhaustive, and every application will depend on its specific circumstances.

Frequently asked questions about Spousal or Common-law Sponsorships

1. What is a sponsorship undertaking?

The undertaking is a promise to provide financial support and basic requirements for the family members you are sponsoring. The undertaking ensures that these persons and their family members do not have to apply for social assistance while in Canada. The length of undertaking for sponsorship of a spouse or common-law partner is usually 3 years. Your obligations as a sponsor begin as soon as the person you are sponsoring becomes a permanent resident.

2. How do I ensure my application is not delayed or returned?

To avoid delays or a refusal, make sure that you:

• Properly fill out and sign all forms;
• Include all documents listed on the Document Checklist; and
• Pay the correct fees and include your receipt with your application.

After you apply:

• Keep your contact information up to date with IRCC to allow immigration to contact you; and
• Ensure any request for information received is complied with within the deadlines imposed.

3. Can I add a dependent child on an application that is in process?

Yes, you will have to inform immigration of any changes in your family size.

4. Can I withdraw a family class sponsorship?

Yes, you can advise of your request to withdraw any application that is in process. However, be careful before doing so. Consult with a professional before withdrawing an application to ensure that you are not jeopardizing any future available options.

5. How long do family class sponsorship applications take to process?

Processing times are difficult to predict and they vary depending on the type of application and number of applications being processed at any one time. You can consult the IRCC website to determine average processing times for any particular application in progress.

6. Can I be sponsored if I have a criminal record or a medical condition?

Your application could be denied if you have a criminal record or medical condition that is inadmissible to Canada. However, it will depend on the severity of the criminal record or medical condition. Any prior offences, charges, convictions, etc. have to be disclosed to your lawyer prior to commencing preparation of your application. You will be advised on how the criminal record would affect your application and what possible avenues or resolutions are available.

Why should you hire us to represent you?

We can assist you with your application by assessing your eligibility to act as a sponsor and ensure that your spouse is also eligible to be sponsored. Our expertise with sponsorship applications will assist in ensuring that any potential problems are solved prior submission of your application.