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Do you have a special someone across the globe? Is distance keeping you apart from your Valentine? Have you heard about the Canadian Spousal Sponsorship Program?
With the increase in use of online dating apps, it is becoming more common for individuals to meet one another from across the world. However, due to strict immigration rules, individuals may find it challenging to reunite with their significant others.
To counter this challenge, Canada has a pathway available for Canadian Citizens and even Permanent Residents (“PRs”) to apply to bring their foreign national spouse or common law partner into Canada under a family class sponsorship. Alternatively, if their spouse is already in Canada, they can sponsor them under a similar program, so they may reside with you permanently.
Who can Sponsor?
Some of the eligible criteria to sponsor your foreign spouse includes the following, the sponsor must:
- be a Canadian Citizen or PR;
- be at least 18 years old;
- reside, or intend to reside, in Canada; and
- file an application to sponsor a spouse or common law partner.
Who can be Sponsored?
- If you’re married with a valid civil marriage, you can sponsor your spouse.
- If you’re in a common law relationship, you can sponsor your common law partner (regardless of gender) as long as you’ve been living with your partner for at least 12 consecutive months in a marriage-like relationship immediately prior to submitting your application.
Does your foreign spouse have dependent children under the age of 22?
If so, they can be included in the application to sponsor as long as you have consent from the other parent.
Is it a genuine relationship?
Under a Spousal Sponsorship, you must prove to Canadian Immigration (“IRCC”) that your relationship is genuine. There are many ways to satisfy proof of genuineness to IRCC.
The Process:
A Spousal Sponsorship can be made from inside or outside of Canada by filing an online Spousal Sponsorship Application with the appropriate forms and supporting documentation.
It is important to know as a sponsor, you are obligated under a Sponsorship Agreement to support the sponsored spouse, for their basic necessities, from the day they become a PR for a duration of 3 years and any dependent children under the age of 22 years old. Your obligation is for 10 years or until they reach the age of 25, whichever comes first.
One common question we are asked during the application process is: if my spouse is in Canada are they permitted to work?
The short answer is yes. Once a couple has submitted their Spousal Sponsorship Application, the foreign spouse is permitted to submit an application for an Open Work Permit (“OWP”), once this OWP is approved they can start working right away.
Another common question is: Can I travel while my Spousal Sponsorship Application is processing?
The short answer is, it depends on a few factors: did you apply for the Spousal Sponsorship Application from within Canada or outside Canada, have you applied for the OWP, who are you travelling with, how long are you going for, does your foreign spouse require a visa to enter Canada or simply an electronic travel authorization (“eTA”), and will you be travelling by air or driving.
There are many things to consider when travelling outside of Canada, so you may want to consider visiting locally instead.
What are the estimated current application processing times?
Between 9-12 months*. Keep in mind once you have submitted your application, there may be visa options available to you and your Love.
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Disclaimer:
The information provided above is for informational purposes only. It is not meant to be used as legal advice for a specific legal problem. *Please note that the application processing times are correct as of the date of writing and are based on straight-forward applications.
We understand navigating the Canadian Immigration system can be a difficult and somewhat confusing process; therefore, we suggest individuals contact an immigration lawyer to be provided proper information with respect to their individual situation or circumstances.
Author: Jasmine Somal
Barrister & Solicitor
Canadian Immigration Lawyer at Ocana Law
Email: jasmine@ocana.ca
