Spousal PR Sponsorship

Spousal PR Sponsorship (Permanent Residence Sponsorship) for Canada

The Spousal Sponsorship Program allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner to become a permanent resident of Canada. This is a popular immigration route for individuals who are married or in a common-law relationship with a Canadian citizen or permanent resident.

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Eligibility for the Applicant (Spouse or Common-Law Partner)

The person being sponsored (the applicant) must also meet certain eligibility criteria:

1. Be the Spouse or Common-Law Partner

o Spouse: A legally married partner.
o Common-Law Partner: A partner with whom you’ve lived in a marriage-like relationship for at least 12 consecutive months.

2. Meet the Age Requirement

o The applicant must be at least 18 years old.

3. Admissibility

o The applicant must not be inadmissible to Canada for reasons such as criminality, health issues, or misrepresentation.

4. Proof of Relationship

o The applicant must provide proof of the genuine nature of the relationship with the sponsor. This includes showing evidence of cohabitation, shared finances, and mutual support.

Spousal Sponsorship Application Process

1. Gather Documents

o The sponsor and the applicant must gather various documents to prove the authenticity of the relationship, including:
1. o Marriage certificate (if applicable).
2. o Proof of cohabitation (e.g., joint bank accounts, lease agreements, photos, etc.).
3. o Proof of communication (emails, phone records, etc.).
4. o Criminal background check (for the sponsored person, if applicable).
5. o Medical exams (for the sponsored person).
6. o Police clearance (if required for the sponsored person).

2. Submit the Application

o The sponsor and the applicant must submit their application to Immigration, Refugees and Citizenship Canada (IRCC). There are two main ways to apply:
1. o Outland Application: If the spouse or partner is living outside Canada, the application is processed outside of Canada. This is often quicker but requires the applicant to remain outside Canada until the application is approved.
2. o Inland Application: If the spouse or partner is living in Canada, the application is processed within Canada. This may allow the applicant to stay in Canada while the application is in process, and even apply for a work permit.

3. Wait for Processing

o The processing time for spousal sponsorship applications can vary but generally takes 12 months or more.
o If the application is incomplete or if additional documentation is required, processing can take longer.

4. Interview (if required)

o In some cases, IRCC may require the sponsor and/or applicant to attend an interview to verify the authenticity of the relationship.

5. Decision

o If the application is approved, the spouse or common-law partner will be granted permanent residence in Canada.
o If the application is denied, the applicant may have the option to appeal the decision or reapply.

Financial Requirements for the Sponsor

• While there is no minimum income requirement for spousal sponsorship, the sponsor must demonstrate their ability to support the applicant financially.
• The sponsorship undertaking is a commitment to provide financial support for the sponsored individual for 3 years after they become a permanent resident.
• The sponsor is responsible for ensuring that the applicant does not need to rely on social assistance (other than for special circumstances, such as disability).

Work and Travel While the Application Is in Process

• If the applicant is already in Canada, they can apply for an open work permit while the application is being processed. This allows them to work for any employer in Canada.
• If the applicant is outside Canada, they can only travel to Canada once their permanent resident application has been approved and they have received their confirmation of permanent residence (COPR).

Important Considerations

1. Genuine Relationship Requirement

o The primary concern of IRCC is whether the relationship between the sponsor and applicant is genuine. Marriage fraud or relationships that are deemed to be for the sole purpose of obtaining permanent residency are grounds for refusal.

2. Previous Sponsorships

o If the sponsor has previously sponsored a spouse or common-law partner who has been refused permanent residence or was granted it but later became ineligible, the sponsor may not be eligible to sponsor another individual until certain conditions are met.

3. Conditional Permanent Residence

o In certain cases, the sponsored spouse or partner may be granted conditional permanent residence for 2 years if the couple has been married for less than 2 years at the time of application and does not have children together. If the couple divorces or separates during this period, the permanent residence may be revoked.

Spousal Sponsorship Financial Costs

Expense	Amount
Sponsorship application fee	$75 CAD
Permanent residence fee	$500 CAD
Right of permanent residence fee	$515 CAD (if applicable)
Biometrics fee	$85 CAD (if applicable)

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