Migration Law Immigration Lawyers
Sponsoring a spouse or partner is one of the most common ways that individuals obtain permanent residence in Canada, but because there are significant responsibilities in acting as a sponsor, and a financial undertaking involved, these applications are taken seriously and 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 partnership is genuine and not “entered into primarily for immigration purposes.” If a marriage is determined to be entered into for immigration purposes, then you risk being turned away or even deported from Canada if your application was made inland. For this reason, your relationship and supporting documentation will be scrutinized by the officer reviewing your application.
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).
As well, 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
The undertaking is a promise to provide financial support and basic requirements for the family members you are sponsoring.
Basic requirements are:
- Food;
- Clothing;
- Utilities;
- Personal requirements;
- Shelter;
- Fuel; and
- Household supplies.
This also includes other healthcare not provided by public health, such as eye and dental care.
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 parents or grandparents is 20 years.
Your obligations as a sponsor begin as soon as the person you are sponsoring arrives in Canada.
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.
Yes, you will have to inform immigration of any changes in your family size or marital status and immigration will provide you with guidelines on what would be required to effect the change.
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.
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 here to determine average processing times for any particular application in progress.
Mamann Sandaluk LLP - Immigration Enquiry Form
Why should you hire Mamann Sandaluk LLP to represent you?
We can assist you with your application by assessing your personal eligibility to act as a sponsor and ensure that the individuals you are seeking to bring to Canada are likewise eligible to be sponsored. Sometimes there are facts that are overlooked that can be critical to an application’s success, and our team’s expertise with sponsorship applications will assist in ensuring that any potential problems are adequately considered and solved.