Apply for Spousal Sponsorship and Family Class Sponsorship
In Canada, citizens and permanent residents over the age of eighteen are eligible to sponsor certain family members through various family sponsorship programs, enabling reunification in Canada. Our Toronto immigration lawyers are experienced in navigating these programs, which include sponsoring spouses, common-law partners, dependent children, and the dependent children of a spouse or common-law partner, regardless of whether they reside inside or outside of Canada. These individuals fall under the Family Class category, which is designed to facilitate family reunification and allow for loved ones to live together in Canada.
One of the most common routes for family reunification is spousal sponsorship. The spousal sponsorship program allows a Canadian citizen or permanent resident to sponsor their legally married spouse or common-law partner, regardless of gender, to come to Canada. To qualify, both the sponsor and the spouse must meet specific eligibility criteria. Our Canada immigration lawyers can assist in ensuring that the sponsor demonstrates financial capability to support the spouse without relying on social assistance, and both spouses must demonstrate that their relationship is genuine. Marriages or partnerships entered into solely for immigration purposes are not permitted, and applicants must provide strong evidence of a committed, authentic relationship.
For individuals facing unique challenges preventing them from marrying or cohabitating, the conjugal partner category sponsorship program provides an alternative. This program is intended for individuals in committed relationships but who cannot live together or marry due to circumstances such as immigration barriers, cultural or legal restrictions.
A Toronto immigration lawyer is invaluable in proving the seriousness of such relationships, which must be long-term (at least one year). The sponsor must be a Canadian citizen or permanent resident and the conjugal partner must reside outside Canada. This program requires substantial documentation to prove the existence of a genuine relationship despite obstacles, including shared financial obligations and communication history.
Family Class Sponsorship is a broader program that extends beyond spousal sponsorship to include common-law partners and dependent children, as well as the dependent children of a spouse or common-law partner. The process consists of two steps: first, the sponsorship application is assessed, and second, once approved, the foreign family members can apply for permanent residence. Our Immigration lawyers in Toronto can guide applicants through these steps, ensuring compliance with all requirements. Applicants must undergo medical exams, and those over eighteen must provide police certificates. If the application is successful, the foreign family members will receive Confirmation of Permanent Residence documents, allowing them to immigrate to Canada.
Work with a Leading Immigration Law Firm
A Canadian immigration lawyer at Guberman // Appleby Immigration Lawyers can assist you with filing a spousal sponsorship. Contact us today to discuss options to sponsor your spouse or common law partner.
Family Class and Spousal Sponsorship Canada FAQs
Yes, you can withdraw your spousal sponsorship application.
Immigration Refugees and Citizenship Canada (IRCC) has moved to online processing for all spousal, common law and dependent child sponsorship applications.
To sponsor your spouse in Canada, you must be at least 18 years old, a Canadian citizen or permanent resident of Canada, living in Canada and able to demonstrate that you are not in receipt of social assistance/state financial support, unless you have a disability. You will need to be able to demonstrate that you can provide basic needs for the person you are sponsoring. As well, if you are currently residing outside of Canada, you will need to demonstrate that you intend to live in Canada upon the approval of the permanent residence application.
There are certain reasons that you may not be eligible to sponsor your spouse such as failure to pay court-ordered dependent children or spousal support; default on a previous sponsorship, past declaration of an undischarged bankruptcy; convictions pertaining to a violent/sexual/crime against a relative; or that you were sponsored less than 5 years ago.
For the purposes of a family class sponsorship for permanent residence in Canada, IRCC recognizes spouses of the opposite or same gender as a spouse or common law partner (continuous cohabitation for at least 12 consecutive months) or in a conjugal partnership (the foreign national lives outside of Canada and has been in a real relationship of mutual dependence for at least 12 months and there is a barrier to marriage or cohabiting).
Family sponsorship in Canada is a multi-step process. We will take the time to assess your information and evaluate your case to advise you as to the necessary materials that are required to prepare the application. Medical exams and police certificates are required from the foreign national, in addition to materials that support the bona fides of the application and the application forms.
The application and information about the sponsor and the applicant for permanent residence are submitted together at the same time via an online process. Should IRCC have questions or requests for additional information throughout the process, our team of Canadian immigration lawyers will advise you.
Initially, IRCC will evaluate whether the sponsor meets all requirements. If so, IRCC will advise that the sponsorship undertaking has been approved. Then, the application for permanent residence will be reviewed and the bona fides of the relationship will be assessed. Once the sponsorship is approved, the request for the medical examination is issued. At any time throughout the process, IRCC may request clarifying information.
If IRCC determines that the applicant for permanent residence meets all the requirements of the Immigration and Refugee Protection Act and Regulations, the case will be approved. Depending upon the circumstances, either a passport request letter will be issued, or landing instructions will be provided.
The Canadian immigration lawyers at Guberman // Appleby are here to guide you through the process every step of the way and help those who wish to immigrate to Canada. If you or your family member is interested in filing a Family Class Sponsorship Canada application, Contact us today