Application For Spouse Sponsorship In Canada
The application for spouse sponsorship in Canada is a beneficial avenue that allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residency while both are living in Canada. This process ensures that the sponsored individual can remain in the country during the application period, which typically takes around 12 months, and provides a pathway to a better future. It includes submitting proof of relationship, financial support, and other required documents.
This pathway is a beacon of hope for individuals out of status in Canada, providing a means to restore their status and a chance for a better future. The significant advantage of the sponsored spouse being able to apply for an Open Work Permit once their eligibility is approved offers them the relief of being able to work while their application is processed, providing a sense of security and hope.
By following this comprehensive guide, applicants can gain a deeper understanding of the spousal sponsorship process in Canada, empowering them to navigate it more effectively. This knowledge ensures a smoother and more successful application experience, giving them a sense of control and confidence in their actions.
What is an ideal option for an individual out of status in Canada?
Application for spouse sponsorship in Canada is an ideal option for out-of-status individuals for several reasons:
- Continued Presence: The sponsored spouse can remain in the country during the application process, avoiding the need to leave the country.
- Work Permit: Applying for an Open Work Permit (OWP) allows the sponsored spouse to work legally in the country, providing financial stability and contributing to the household income.
- Path to Permanent Residence: This pathway offers a direct route to permanent residence, allowing out-of-status individuals to regularize their status and enjoy living in Canada permanently.
- Family Unity: It ensures couples stay together throughout the process, reducing emotional and financial stress.
Spouse Sponsorship Inside Canada Requirements
To be eligible for spousal sponsorship within Canada, both the sponsor and the sponsored person must meet specific criteria:
- When applying, the Canadian sponsor and their spouse must be at least 18 years old.
- The Canadian sponsor must not have received permanent residence through the spousal sponsorship program within the last five years.
- The Canadian sponsor must not have been bankrupt, charged with a criminal offence, or served time in jail at any time in the past.
- The Canadian sponsor and spouse must both be residing in the country.
Requirements for the Canadian Sponsor
- Must be a Canadian permanent resident or a Canadian citizen.
- Must be willing and capable of financially supporting the spouse in Canada for three years following the application.
- Must not be receiving social assistance. The only exceptions are disability and employment insurance.
- Must demonstrate that they won’t require social assistance from the Canadian government
Requirements for the Spouse Being Sponsored
- The spouse must pass all required security, medical, and background checks.
- Must have valid status in Canada as a visitor, student, or worker (though individuals out of status in Canada may also apply under Public Policy Under A25(1) of IRPA to Facilitate Processing by the Regulations of the Spouse or Common-law Partner in Canada Class)
Spouse Out Of Status In Canada
If the applicant wishes to have the application assessed under the public policy under A25(1) of IRPA, the IRCC officer should determine the application under the provisions of the Spouse or Common-law Partner in Canada class. If it is determined that the applicant meets all requirements of the class, the requirement for the applicant to have valid immigration status (R124(b)) and the requirement not to be inadmissible for out of status in Canada (A21(1) and R(72)(1)(e)(i)) are waived by A25 under this public policy to facilitate the family reunification in the country.
Out of status refers to those in the following situations:
- Persons who overstay in Canada, who have visitor record, work permit or student permit;
- Persons who have worked or studied without being authorized to do so under the Act;
- Persons who have entered Canada without the required visa or other document under the regulations or without a valid passport or travel document (provided valid documents are acquired when CIC seeks to grant permanent residence).
Out of status does not refer to any other inadmissibilities, including:
- Failure to obtain permission to enter Canada after being deported.
- Persons who have entered in the country with a fraudulent or improperly obtained passport, travel document or visa and who have used the document for misrepresentation under IRPA.
Application for spouse sponsorship in Canada
The application for spouse sponsorship in Canada involves several key steps:
Step 1: Gather Required Documents
- Proof of Public relationship (e.g., marriage certificate, joint financial documents, Wedding and outgoing photos, Proof of same address, etc.)
- Identification documents (e.g., passports, birth certificates).
- Proof of status in Canada for the sponsored spouse.
- Police certificates and medical exams, if applicable.
- Proof of Canadian permanent residency or citizenship for a sponsor, employment letter, and Notice of Assessment (NOA)
Step 2: Complete Application Forms
- IMM 1344: Application to Sponsor, Sponsorship Agreement and Undertaking.
- IMM 5532: Relationship Information
- IMM 5533: Document Checklist for Spouse.
- IMM 0008: Generic Application Form.
- IMM 5406: Additional Family Information.
- IMM 5562: Supplementary Information.
- IMM 5669: Schedule A – Background/Declaration.
- IMM 5476: Use of Representative (If you hire an RCIC)
Step 3: Pay Spouse Sponsorship Canada Fees
- Processing fee: $85
- Principal applicant processing fee: $545
- Right of Permanent Residence Fee (RPRF): $575
- Include any dependent child on an application with your spouse: $175
- Biometrics fee (if required): $85 per person
- Medical examination: varies for each medicine
Step 4: Submit the Application
- Pay the spouse sponsorship Canada fees online and include the receipt with the application.
- Ensure all forms are filled out correctly, and all documents are included and uploaded.
- Submit the complete application package to the specified IRCC address.
Step 5: Apply for an Open Work Permit (OWP)
- The sponsored spouse can apply for an OWP to work while processing the application. This is especially beneficial for out-of-status individuals as it allows them to maintain a legal status in Canada. Suppose your permanent residence application is being processed under the spousal public policy A25. In that case, you must wait until you’ve received your approval in principle letter to be eligible to apply for an open work permit. The process involves [insert detailed steps here].
Spouse Sponsorship Canada Processing Time
The average processing time for spousal sponsorship applications submitted within Canada is approximately 12 months. However, this can vary based on individual circumstances and the completeness of the application.
Benefits of Sponsorship Inside Canada
- Allows the sponsored spouse to stay in the country with their partner during the application process.
- The sponsored spouse can apply for an Open Work Permit (OWP), enabling them to work while awaiting the decision. This option is particularly advantageous for individual out of Status in Canada, allowing them to regularize their status and stay with their partner in Canada.
Sponsorship Inside Canada FAQs
What is the requirement for application for spouse sponsorship in Canada?
To be eligible for application for spouse sponsorship in Canada, the sponsor and the sponsored person must meet specific criteria. The sponsor must be a Canadian citizen or permanent resident aged 18 or older and must reside in the country. The sponsored person must be legally married to the sponsor or in a common-law relationship. Additionally, both parties must prove the genuineness of their relationship and meet financial requirements to ensure that the sponsored spouse will not need social assistance.
What is the process of Spousal Sponsorship Inside Canada?
The process for spousal sponsorship within Canada involves several steps. Initially, the sponsor must apply for Immigration, Refugees, and Citizenship Canada (IRCC). This application includes forms and documents proving the relationship and eligibility criteria. Once the application is submitted, the sponsored spouse can apply for an Open Work Permit (OWP), allowing them to work while the application is being processed. IRCC will then review the application, conduct background checks, and request an interview before deciding.
Where Can I find the Canada Sponsorship Application?
The Canada sponsorship application package is available on the IRCC website and includes several forms and a spouse sponsorship Canada checklist of required documents. The package must be completed accurately and thoroughly, including information about the sponsor, the sponsored spouse, and their relationship. Supporting documents such as marriage certificates, joint financial records, and photographs should be included to demonstrate the authenticity of the relationship.
What is Spouse Sponsorship Canada Processing Time?
The average processing time for spousal sponsorship applications submitted within Canada is approximately 12 months. However, this timeframe can be affected by various factors, such as the completeness of the application, the need for additional documents, or an interview request.
What is included in the Spouse Sponsorship Canada Checklist?
The checklist for spousal sponsorship in Canada includes items such as:
- Completed application forms
- Proof of relationship (marriage certificate, joint financial documents, photographs)
- Proof of status in Canada for both sponsor and spouse
- Police certificates and medical exams
- Proof of income and financial support
- Proof of payment of applicable fees
What do I need for Application for spouse sponsorship in Canada?
Application for spouse sponsorship in Canada requires careful attention to detail. Applicants must ensure that all forms are completed correctly, all necessary documents are included, and the required fees are paid. Any missing or incorrect information can delay or reject the application.
What is Spouse Sponsorship Inside Canada?
Spousal sponsorship in Canada allows the sponsored spouse to stay with their partner during the application process. This option suits couples already residing in the country who prefer not to be separated while waiting for the decision. It is also the best solution for those out of status in Canada.
How to Get Sponsorship in Canada?
Obtaining sponsorship in Canada involves finding an eligible sponsor, gathering all necessary documents, and submitting a complete application for spouse sponsorship in Canada to IRCC. It’s crucial to follow the guidelines provided by IRCC and to ensure that all eligibility requirements are met.
What is the Family Class Sponsorship Canada?
Family class sponsorship in Canada includes spousal and dependent children, parents, and grandparents. Each category has specific requirements and processes, but all aim to reunite families in the country.
What are the spouse sponsorship Canada fees?
The fees for spousal sponsorship in Canada include:
- Processing fee: $85
- Principal applicant processing fee: $545
- Right of Permanent Residence Fee (RPRF): $575
- Include any dependent child on an application with your spouse: $175
- Biometrics fee (if required): $85 per person
- Medical examination: varies for each medicine
What are the critical requirements for spouse sponsorship in Canada?
Critical requirements for application for spouse sponsorship in Canada include:
- Legal marriage or common-law relationship
- Both sponsor and spouse must be 18 years or older
- The sponsor must be a Canadian citizen or permanent resident
- Proof of relationship and intent to reside together in Canada
- Financial ability to support the sponsored spouse
How to Apply for Sponsorship In Canada?
To apply for spousal sponsorship in Canada, follow these steps:
- Check the eligibility & Gather Documents: Collect all required documents and evidence of the relationship.
- Complete IRCC Forms: Fill out all necessary forms accurately based on guideline IMM 5289.
- Pay Fees: Pay the applicable fees online and include receipts in the application package.
- Submit PR Application: Submit the complete application package to IRCC to get Canada PR.
- Apply for an Open Work Permit (Optional): If the sponsored spouse wishes to work, apply for an OWP.
What is the Spousal Sponsorship in Canada Processing Times?
The processing time for spousal sponsorship applications within Canada is typically around 12 months. This period may vary depending on the case’s specifics and the application’s completeness.
How can Arnika Visa help you to apply for Spouse Sponsorship Application?
As an RCIC (Regulated Canadian Immigration Consultant), we can assist out-of-status clients in Canada in obtaining approval for a spouse application.
Firstly, we will thoroughly assess the client’s situation to understand the reasons for their inadmissibility or lack of status. This involves reviewing their immigration history, understanding the grounds for their inadmissibility, and gathering relevant documents.
Next, we will help the client prepare a compelling application for spouse sponsorship in Canada. This includes drafting a detailed explanation letter outlining the reasons for seeking the sponsorship, the client’s ties to Canada, and any humanitarian and compassionate grounds that may support their case.
Additionally, we will ensure that all necessary supporting documents, such as identity documents, proof of relation and ties to Canada, and any other relevant evidence, are included.
Throughout the process, we will guide the legal requirements, advise on the best strategies to enhance the application’s chances of success and represent the client in communications with Immigration, Refugees and Citizenship Canada (IRCC). Our goal is to help our clients navigate the complexities of the immigration system and secure their status in Canada.
Out-of-Status Related Articles
- Out Of Status in Canada What Cana I Do?
- How To Apply For Restoration Of Status Canada
- Implied Status Canada (Maintained Status)
- What Happens If You Overstay In Canada?
- Application For Spouse Sponsorship In Canada
- What is a Canadian Temporary Resident permit?
- Who Can Apply For H&C In Canada?
- Navigating Out of Status In Canada Options
- Restoration Of status Approved
- Restoration of Status After Work Permit Refusal
