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Spouse and Common-law Sponsorship – Canada Immigration
Spousal Sponsorship – Canada
Canadian citizens and permanent residents can sponsor their eligible spouse, common-law or conjugal partner to live in Canada as a permanent resident who can later qualify for Canadian Citizenship.
Eligible Relationships
The following relationships with a Canadian citizen or permanent resident are considered for the purposes of Spousal Sponsorship for an Application for Permanent Residence to Canada.
Spouse: To qualify as a spouse, you must be legally married to the sponsor. The marriage must have been considered valid when it was entered into under the law of the jurisdiction where you were married and under Canadian law, regardless of where you lived after you were married. An example of a marriage that might be recognized abroad but not in Canada would be a marriage in which one of the partners was legally married to two or more partners at the same time under the law of a foreign country.
Common-Law Partner: You are considered a common-law partner under Canadian law if you have cohabited with your partner in a conjugal relationship for at least one year. This 12-month period does not have to be completely continuous; short absences for work or family reasons are considered acceptable. Since a marriage certificate is not available, Canadian immigration requires additional evidence of the genuineness of your relationship. Keep in mind that cohabitation means more than merely living in the same home; you must be in a position to demonstrate that you have combined your personal affairs, including your finances.
Conjugal Partner: The conjugal partner category is designed for partners who would have qualified under the spouse or common-law partner categories but were prevented from doing by factors beyond their control. For example, if you were married to another person and were not permitted to divorce under local law. It must be demonstrated that there is a significant degree of attachment between the applicant and the sponsor, proving that it is not just a physical relationship but a mutually interdependent relationship. Also that you have been in a genuine relationship for at least 12 months where marriage or cohabitation has not been possible because of barriers such as sexual orientation, religious faith, laws of the country in which you reside etc.
APPLICATION PROCESS
The process to bring your sponsored spouse or partner to Canada as permanent resident is two parts.
- The Sponsor: Canadian citizens or permanent residents apply to become a sponsor. Sponsors complete the required forms based on their country of residence. Sponsors must meet the eligibility criteria before submitting the spousal sponsorship application.
- The applicant: to submit an application for permanent residency under the spousal sponsorship program. Spouse or common-law partners can be sponsored from inside Canada, called Inland Sponsorship, or while they are outside Canada, called Overseas Sponsorship. The processing time of Permanent Resident applications under the Canada Spousal sponsorship program vary between inland and overseas sponsorship. Applicants under the spousal sponsorship program may be eligible for a work permit during the processing of their Application for Permanent Residence if the Sponsorship Application is an Inland Sponsorship and they meet other qualifications.
The team at Alghoul Immigration has many years of experience assisting clients with the sponsorship process and can help you make this step in your life smooth and stress free. Regardless of whether you are choosing an inland spousal sponsorship or an overseas spousal sponsorship, obtaining legal expertise ensures that deadlines are not missed and mistakes are not made because you were not aware of new policies or rules. There are advantages and disadvantages to the Inland and Overseas sponsorship process depending on your particular circumstances. We will complete the sponsorship application, work closely with you in gathering the supporting documents, support you during the entire process and advise you on the best practice to follow in your unique situation.
Contact Alghoul and Associates Law Firm today:
Spouse and Common-law Sponsorship
Immigration +1 (204) 975-9228
Office +1 (204) 942-8070
email visa@alghoul.com
Our team is here to help!