Frequently asked Questions About Spousal Sponsorship Canada

If you are a Canadian citizen or a permanent resident, you can sponsor your spouse or common-law partner for immigration to Canada. The spousal sponsorship process involves several steps and requirements, which can be confusing and overwhelming. In this article, we answer 10 frequently asked questions about spousal sponsorship in Canada.

1. Are there any special requirements for spousal sponsorship if my spouse has a medical condition or disability?

Yes, if your spouse has a medical condition or disability, you may need to provide additional documentation to demonstrate that you can provide for their care and treatment in Canada. You may also need to show that you have arranged for any necessary medical care and support services.

2. How can I prove that my marriage or common-law relationship is genuine and not just for immigration purposes?

To prove that your marriage or common-law relationship is genuine, you may need to provide evidence of your relationship, such as photos, letters, emails, and social media posts. You may also need to provide documentation showing that you share financial responsibilities, live together, and have a shared life.

3. Can I sponsor a spouse who is living outside of Canada if they have a criminal record in their country of origin?

In most cases, a person with a criminal record is not admissible to Canada. However, there may be exceptions depending on the type and severity of the offense, as well as how much time has passed since the offense was committed. It is important to seek legal advice in such cases.

4. How does the spousal sponsorship process in Canada differ for same-sex couples who were married or in a common-law relationship prior to legalization of same-sex marriage in Canada?

The spousal sponsorship process in Canada is the same for same-sex and opposite-sex couples. If you were married or in a common-law relationship prior to the legalization of same-sex marriage in Canada, you can still sponsor your spouse or common-law partner for immigration.

5. Can I sponsor my spouse if they are already in Canada as a temporary resident, such as a visitor or student?

Yes, you can sponsor your spouse if they are already in Canada as a temporary resident. However, they must have valid status in Canada and meet all the eligibility criteria for spousal sponsorship.

6. What happens if my spouse and I separate or divorce during the spousal sponsorship process in Canada?

If you and your spouse separate or divorce during the spousal sponsorship process, the sponsorship application may be withdrawn or refused. However, there may be exceptions depending on the circumstances of the separation or divorce.

7. Can I sponsor a spouse who is not currently legally divorced from their previous partner?

No, you cannot sponsor a spouse who is still legally married or in a common-law relationship with someone else. Your spouse must provide evidence that they have legally ended their previous relationship before they can be sponsored.

8. How can I resolve issues with the processing time or delay of my spousal sponsorship application in Canada?

If you are experiencing processing delays or issues with your spousal sponsorship application in Canada, you can contact the Immigration, Refugees and Citizenship Canada (IRCC) to inquire about the status of your application. You can also seek legal advice to explore your options.

9. Can I sponsor a spouse who is living outside of Canada if they have a child from a previous relationship who wants to immigrate with them?

Yes, you can sponsor your spouse and their child from a previous relationship for immigration to Canada. However, you must provide additional documentation to demonstrate that you can provide for the basic needs of your spouse and the child, such as financial support and accommodation.

10. How can I appeal a decision by the Immigration, Refugees and Citizenship Canada (IRCC) if my spousal sponsorship application is refused?

If your spousal sponsorship application is refused, you can appeal the spousal sponsorship refusal decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). You must file a Notice of Appeal within 30 days of receiving the refusal decision. It is important to seek legal advice before filing an appeal to ensure that you have a strong case.

If you have any further questions or concerns, it is recommended to seek legal advice from a qualified immigration lawyer or consultant. Click here to book an appointment with a licensed professional.