Looking To Help Your Spouse Become A Permanent Resident Of Canada In 2023?
One of the objectives of Canadian government is to see that families are reunited in Canada. Spousal sponsorship program is the most demanded stream under family class immigration. The processing times for this application have been significantly reduced and now sponsorsed spouses have a much higher chance to obtain Canadian visitor visa while their application is being reviewed.
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How to become PR under Spousal Sponsorship in Canada in 2023?
There are two distinct categories for Spouse and Common-Law Sponsorship applications:
- Outland Sponsorship: In this category, your application will be processed through the visa office located in the sponsored spouse's country of citizenship or their legal residence if they are outside of Canada. Even if you and your Spouse/Common-law partner currently reside together in Canada, you can still choose to apply under the Outland Sponsorship category. One advantage of applying under this category is that if your application is refused - you can object and get the decision reconsidered.
- Inland Sponsorship (Spouse or Common-Law in-Canada category): In this category, your application will be processed within Canada. It is mandatory for you and your sponsor to live together at the time of applying and throughout the application process. If the sponsored partner possesses valid status in Canada, they may also qualify for an Open Work Permit. For individuals without valid status, there are still options for sponsorship for Permanent Residency (PR) within this application. This is particularly applicable in cases where the sponsored partner has received a removal order from the Canada Border Services Agency (CBSA). It is important to note that Inland sponsorship does not grant the right to appeal in the event of refusal.
“Canada recognizes same-sex marriages and partnerships and LGBT people are equaly eligible to apply for PR as families.”
WHO IS ELIGIBLE TO SPONSOR?
If you meet the following criteria, you have the opportunity to sponsor your spouse:
- Citizenship or Residency: You must be either a Canadian citizen, a registered Indian under the Canadian Indian Act, or a permanent resident (PR).
- Age Requirement: You should be at least 18 years old.
- Residency in Canada: If you are a Canadian citizen residing outside Canada, it is essential to demonstrate your intention to live in Canada once your sponsored spouse or partner obtains permanent residency. However, if you are a permanent resident living outside of Canada, you cannot sponsor someone.
- Ability to Provide: You must be capable of meeting the basic needs of yourself, your spouse or partner, your spouse or partner’s dependent child(ren) (if applicable), or your dependent child(ren) (if you are solely sponsoring your dependent child).
- Low-Income-Cut-Off (LICO): In most cases, there is no specific LICO requirement for spouse, partner, or dependent child sponsorships. However, if the spouse or partner you’re sponsoring has a dependent child who has their own dependent children,, you will need to meet the minimum LICO score determined annually by the Canadian government. If LICO requirements apply to you, it is necessary to include a Financial Evaluation (IMM 1283) form with your application.
WHO IS NOT ELIGIBLE?
There are certain situations where you may not be eligible to sponsor a spouse or partner. These include:
- Previous Undertaking: If you have signed an undertaking for a previous spouse or partner, you may not be eligible to sponsor another person until at least three years have passed since they became a permanent resident.
- Social Assistance: If you receive social assistance for reasons other than disability, it may affect your eligibility for sponsorship.
- Unpaid Social Assistance: If you have previously sponsored someone and have outstanding unpaid social assistance that was received while the undertaking was in effect, you may not be able to sponsor another person.
- Default on Immigration Loan or Performance Bond: If you are in default on an immigration loan or a performance bond, it may impact your ability to sponsor.
- Non-payment of Alimony or Child Support: If you have not paid court-ordered alimony or child support, it may affect your eligibility for sponsorship.
- Bankruptcy: If you have declared bankruptcy that has not been discharged, it may impact your eligibility to sponsor.
- Criminal Convictions: If you have been convicted of an offence of a sexual nature, a violent crime, an offence against a relative causing bodily harm, or if you have threatened or attempted to commit any of these offences, your eligibility to sponsor will depend on the nature of the offence, the time that has passed since it occurred, and whether you have received a pardon.
- Recent Permanent Residency: If you were previously sponsored as a spouse, common-law, or conjugal partner and became a permanent resident of Canada less than five years ago, it may affect your ability to sponsor another person.
- Removal Order: If you are under a removal order, you may not be eligible to sponsor.
- Incarceration: If you are currently in a penitentiary, jail, reformatory, or prison, it may affect your eligibility for sponsorship.
- Pending Application: If you have already applied to sponsor your current spouse or partner and have not received a decision yet, it may impact your eligibility to sponsor another person.
To check your eligibility for the program, we recommend you fill out our Assessment Form. We guarantee a response from our specialists within 24 hours regarding your eligibility.
Learn How To Sponsor Your Spouse To Come To Canada Today
Becoming permanent residents in Canada under Spousal Sponsorship
The Process Overview:
We provide comprehensive services for your spouse sponsorship journey, ensuring a smooth and efficient process. Our services include:
- Customized Document Checklist: We generate a personalized checklist of all the required documents and gather necessary information to ensure your application is complete and accurate.
- Expedited Document Acquisition: We guide you on the fastest ways to obtain any necessary documents, ensuring a streamlined process.
- Initial Eligibility Assessment: We conduct an assessment of your situation and determine the eligibility of both you and your spouse for the sponsorship process.
- Application Preparation: Our team assists you in filling out all the required forms and preparing supporting documents, ensuring your application package is of the highest quality.
- Application Review: Your application is reviewed by our team of senior and experienced Regulated Canadian Immigration Consultants (RCICs) to ensure its completeness and accuracy.
- Application Submission: We handle the submission of your application, ensuring it is submitted within the designated time frame.
- Additional Request Assistance: If there are any additional requests or inquiries from the immigration authorities, we assist in resolving these matters promptly and effectively.
- Congratulations on Permanent Residency: Once your spouse's application is approved, we extend our congratulations on their successful journey to becoming a permanent resident of Canada.
Advantages
- In-Canada Sponsorship: If your spouse is already in Canada, they do not need to leave the country in order to be sponsored, allowing you to remain together throughout the process.
- Compliance Flexibility: Even if your spouse is currently in Canada and has previously violated immigration regulations, such as overstaying or working without authorization, they are still eligible to be sponsored under this program.
- Medical Inadmissibility: If your spouse is deemed medically inadmissible to Canada, they can still be eligible to obtain Permanent Residency (PR) under this class of immigration.
- Open Work Permit Eligibility: If your spouse is in Canada and being sponsored, they are typically eligible for an open work permit, allowing them to work in Canada while their application is being processed.
- Sponsorship of Dependent Children: If your spouse has dependent children, you have the opportunity to sponsor them as well, ensuring the family can be reunited in Canada.
- No minimum requirments for income: Unlike other sponsorship categories, there is no required income minimum that you must meet when sponsoring your spouse and dependent children.
- Visitor Visa Option: If your spouse is not in Canada at the time of the application, they may obtain a visitor visa to stay close to you during the sponsorship process, allowing for continued companionship.
- Right to Appeal (only for cases outside of Canada): In the event that your spouse's application is refused, you have the right to appeal this decision, providing an opportunity to challenge the outcome and seek reconsideration.
- Reduced processing times. The process usually takes about 12 months.
Challenges
- Establishing Common-Law Relationship: Proving a common-law relationship can be challenging if you are not legally married, but we can provide assistance in gathering the necessary evidence.
- Complexities of Conjugal Partnership: Applying as conjugal partners may introduce complexities, but rest assured, it is still possible with our guidance and support.
- Overcoming Criminal Record Obstacles: If the sponsored person has a criminal record, it can present challenges. However, we specialize in overcoming such hurdles to help ensure a successful application.
- Additional Documentation for Children: Sponsoring children from a previous relationship requires additional documentation, and we can guide you through the process to meet the requirements.
- Inadmissibility due to Misrepresentation: If a sponsored spouse is deemed inadmissible due to misrepresentation, it can be a challenging situation. We offer expertise in addressing this issue effectively.
- Financial Strain without Work Permit: Facing financial difficulties while awaiting a decision on a work permit application can be tough.
- Emotional Challenges of Being Apart: Being separated from your sponsored spouse while they are overseas can be emotionally challenging.
- Complex Proof of Intention to Return: Demonstrating a Canadian citizen sponsor's intention to return to Canada can be complex. We have the expertise to assist you in providing the necessary proof.
- Appeals for Inland Applications: It's important to note that if your inland application is refused, you do not have the right to appeal this decision with the Immigration Division.
