Spouse Sponsorship

Overview

The Spouse or Common-Law Partner in Canada Class (SCLPC) is a compassionate immigration program designed to reunite Canadian citizens and permanent residents with their loved ones. This program allows eligible sponsors to bring their spouse or common-law partner to Canada to live permanently. The sponsored individual receives permanent resident status, granting them the right to live, work, and study anywhere in Canada.

How it works

The sponsorship process involves two main applications: a sponsorship application, where the Canadian citizen or permanent resident sponsor promises to financially support their partner, and a permanent residence application for the sponsored partner. Both applications are submitted together. IRCC assesses the genuineness of the relationship and the eligibility of both the sponsor and the sponsored person. Successful applicants receive permanent resident status and can then apply for a Permanent Resident Card.

Who it's for

This program is for Canadian citizens and permanent residents who wish to sponsor their spouse or common-law partner to immigrate to Canada. It is also for individuals who are legally married to or in a common-law relationship with a Canadian citizen or permanent resident and wish to become permanent residents themselves. The program is specifically designed for genuine relationships, emphasizing cohabitation and mutual support.

To be eligible to sponsor your spouse or common-law partner, both the sponsor and the sponsored person must meet specific criteria:

Sponsor Eligibility

• Citizenship or Permanent Resident Status: You must be a Canadian citizen or a permanent resident living in Canada.
• Age: You must be at least 18 years old.
• Financial Ability: You must sign an undertaking promising to provide financial support for your spouse or common-law partner and any dependent children for a specific period (typically 3 years for a spouse/partner, 10 years for dependent children, or until they turn 25, whichever comes first). You generally do not need to meet a Low Income Cut-Off (LICO) for spousal sponsorship, unless there is a dependent child with their own dependent children.
• Residency: If you are a Canadian citizen living outside Canada, you must demonstrate that you plan to live in Canada when your sponsored spouse or common-law partner becomes a permanent resident.
• Ineligibility: You cannot sponsor if you are currently sponsoring another spouse or common-law partner, are in receipt of social assistance for a reason other than disability, are in default of a previous sponsorship undertaking, have been convicted of certain serious crimes, or are an undischarged bankrupt.

Sponsored Person Eligibility

• Relationship Status: You must be a spouse or common-law partner of the sponsor.
  • Spouse: You must be legally married to your sponsor and the marriage must be valid under the laws of the place where it took place and under Canadian law.
  • Common-Law Partner: You must have been living with your sponsor in a conjugal relationship for at least 12 continuous months. Brief absences are acceptable.
• Admissibility: You must not be inadmissible to Canada for reasons such as criminality, health issues, or misrepresentation.

The following is a general list of required documents. Specific documents may vary based on your individual circumstances and the office processing your application. Always refer to the official IRCC document checklist for the most up-to-date requirements.

• Sponsor's Documents:
  • Proof of Canadian citizenship or permanent resident status (e.g., Canadian birth certificate, passport, PR card).
  • Proof of income and employment (e.g., Option C Printout from CRA, employment letters, pay stubs).
  • Identity documents (e.g., driver's license, provincial ID).
  • Digital photos meeting IRCC specifications.
• Sponsored Person's Documents:
  • Completed application forms (IMM 1344, IMM 5481, IMM 5669, IMM 5406, IMM 5532, IMM 5540, etc.).
  • Identity documents (e.g., passport, birth certificate).
  • Marriage certificate (for spouses).
  • Proof of common-law relationship (e.g., joint bank accounts, utility bills, rental agreements, photos, letters from friends/family, statutory declarations).
  • Police certificates from all countries where the sponsored person has lived for 6 months or more since the age of 18.
  • Medical exam results from an IRCC-approved panel physician.
  • Digital photos meeting IRCC specifications.

The application process for spousal sponsorship generally follows these steps:

1. Gather Documents: Collect all necessary documents for both the sponsor and the sponsored person, as outlined in the IRCC document checklist. This is a crucial step that can take considerable time.
2. Complete Forms: Fill out all required IRCC application forms accurately and completely. Ensure all signatures are present where required.
3. Pay Fees: Pay the applicable government fees online through the IRCC website. Print the receipt and include it with your application.
4. Submit Application: Mail the complete application package to the appropriate IRCC processing centre as specified in the application guide. Ensure all forms and documents are included, as incomplete applications will be returned.
5. Biometrics and Medical Exam: Once IRCC reviews the initial application, the sponsored person will receive instructions to provide biometrics (fingerprints and photo) at a designated service point, and to undergo a medical examination with an IRCC-approved panel physician.
6. Police Certificates: IRCC may request updated police certificates if the initial ones expire during processing.
7. Interview (If Required): In some cases, IRCC may request an interview with the sponsor, sponsored person, or both, to verify information or assess the genuineness of the relationship.
8. Decision: If the application is approved, the sponsored person will receive confirmation of permanent residence (COPR). If the sponsored person is outside Canada, they will receive a permanent resident visa. If they are already in Canada, they will receive their COPR and instructions on how to obtain their Permanent Resident Card.

Under the Spouse or Common-Law Partner in Canada Class, the sponsored spouse or common-law partner can include their dependent children on the same application. A dependent child is typically a child under 22 years of age who does not have a spouse or common-law partner. If dependent children are included, the sponsor's undertaking will extend to these children as well. It's important to declare all dependent children, even if they are not immigrating, to avoid future inadmissibility issues.

Upon receiving permanent resident status through spousal sponsorship, the sponsored individual gains full work rights in Canada. They do not require a separate work permit and can work for any employer in any occupation, subject to any professional licensing requirements. Individuals applying under the Spouse or Common-Law Partner in Canada Class (in-Canada sponsorship) may be eligible for an Open Work Permit while their permanent resident application is processing, allowing them to work in Canada sooner.

Spousal sponsorship is a direct pathway to Canadian permanent residence. Upon successful completion of the program, the sponsored individual receives permanent resident status. This status grants them nearly all the same rights and responsibilities as Canadian citizens, including the right to live, work, and study anywhere in Canada. After accumulating the necessary physical presence in Canada (generally three years within a five-year period), permanent residents may be eligible to apply for Canadian citizenship.

Applications for spousal sponsorship can be refused for several reasons. Understanding these can help applicants prepare a strong submission:

• Relationship Not Genuine: This is the most common reason for refusal. IRCC must be convinced that the relationship between the sponsor and the sponsored person is genuine and not entered into primarily for immigration purposes. Lack of cohabitation evidence for common-law partners or inconsistencies in relationship history can lead to concerns.
• Incomplete Application: Missing documents, unsigned forms, or incomplete information are frequent causes for applications being returned or refused. Always use the latest IRCC checklist.
• Sponsor Ineligibility: The sponsor may not meet the eligibility criteria, such as having a previous default on a sponsorship undertaking, being in prison, or being involved in certain criminal activities.
• Sponsored Person Inadmissibility: The sponsored person may be found inadmissible to Canada due to criminality, serious health issues, financial misrepresentation, or previous immigration violations.
• Medical Inadmissibility: If the sponsored person's health condition is deemed to be a danger to public health or safety, or could cause excessive demand on Canadian health or social services, they may be found medically inadmissible.
• Misrepresentation: Providing false information or withholding material facts on the application can lead to a refusal and a ban from reapplying for several years.