Spouse & Common-Law Sponsorships

Family reunification is one of the three pillars of Canada's immigration programs. This means that Canada's immigration policy and legislation support Canadians in reuniting with members of their family in Canada.

We've helped thousands of families reunite through the sponsorship application, and we can help you too!

The Sponsorship Program

In 2017, Canada welcomed 61,646 new permanent residents who were sponsored spouses, partners, children. With between 150-200 pages per application and 200 questions to answer about your relationship, it's no wonder the spousal sponsorship process can feel overwhelming. Minor mistakes can lead to month-long delays, returned applications and, in some cases, loss of temporary status.

What is a conjugal relationship?

The existence of a "conjugal" relationship is an important feature for any spousal relationship. The term "conjugal" describes a marriage-like relationship that a couple, over time, has had exclusive and emotional ties to one another. 

Under the Immigration and Refugee Protection Regulations, the following relationships are recognized and eligible for sponsorship: 

Married Spouse: to qualify for sponsorship, a spouse, must be at least 18 years of age, legally married and not married to someone else. A marriage that takes place outside Canada must be legal in the country where it took place and in Canada. For example, proxy marriages are not recognized in Canada.

Common-Law Partner: to be eligible as common-law partners, you must have lived with your partner in a conjugal relationship for a period of at least one year. The period of cohabitation must be continuous; it cannot be intermittent periods that add up to one year.

Conjugal Partner: This category is for couples who are unable to legally marry or live together continuously for one year due to legal or social obstacles. An example of this is where one partner is married to someone else and living in a country where divorce is not possible.

Proving Genuineness of a Relationship

While there are no specific criteria to determine whether a relationship is genuine and each application will be assessed on a case-by-case basis, the Immigration Appeal Division decision have noted a non-exhausted list of factors that can be considered: 

  • Compatibility of the spouses 

  • Development of the relationship 

  • Communication between the spouses 

  • Financial support 

  • Spouses knowledge of each other 

  • Previous marriages 

  • Cultural compatibility 

  • Visits to each other

Officer's must also look beyond the presence of a physical relationship when considering whether a couple has established a "conjugal" relationship; factors include: 

  • A significant degree of attachment, both physical and emotional 

  • A mutual and continuing commitment to a shared life together

  • Emotional and financial interdependency 

  • Whether a relationship is monogamous 

  • Whether the relationship is of some permanence 

  • Whether mutual interdependent exists between the partners

There are two stages in the processing of a sponsorship application.

  1. You must apply to be a sponsor

  2. Your family member must apply for permanent residence

 Both the sponsorship application and permanent residence application are submitted at the same time. Whether you apply through the inland or outside sponsorship category, the processing times are approximately 12 months.

To apply as a sponsor, you must be at least 18 years of age, a Canadian citizen or a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident of Canada.

 

Two Types Of Applications for Spouse and Common-Law Sponsorship

 

If you are a Canadian citizen or permanent resident and reside in Canada with your spouse or common-law partner, you can submit your application through the inland spousal sponsorship. One of the benefits of filing through this category is your spouse, or common-law partner may be eligible for a two-year work permit during the processing of the sponsorship application.

Inland Sponsorship

 

 If you are a Canadian citizen or permanent resident looking to sponsor your common-law partner, spouse or conjugal partner who is not currently living in Canada, then you can apply to sponsor them through the Outside sponsorship category. Living without your spouse can be difficult; however, you can apply for a visitor visa while the application is being processed. 

Outside Sponsorship

 

What are the common reasons for sponsorship refusals?

 

Ineligible to Sponsor

There are many reasons why you may not be eligible to sponsor a family member. Common reasons include: 

  • You do not have enough money to support the person you want to sponsor

  • You were previously sponsored by a spouse or partner and became a permanent resident less than five years ago 

  • You are still financially responsible for a previous spouse or partner that you sponsored

Misrepresentation

All applicants are required to answer questions truthfully and provide relevant documents for assessment by an officer. Permanent Residents and foreign nationals can be inadmissible for misrepresentation for directly or indirectly misrepresenting or withholding material facts. For example, a person who provides false identity documents to falsify a relationship could be found inadmissible. This can lead to a five-year ban from applying or entering Canada.

Genuineness of a Relationship

Bad-faith relationships or relationships of convenience are relationships that are entered into primarily for the purpose of obtaining status. If the documents submitted do not provide adequate proof of a genuine conjugal relationship, an office will request an interview or send a procedural letter. Often times, this can be avoided by preparing and submitting a strong application initially.

 

Do you need help sponsoring a family member?

NextGen has helped thousands of families reunite in Canada. Get started on your application today.