Family & 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!
JUMP TO SECTION: Parents & Grandparents Program
Spousal & Common-Law Sponsorships
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.
You must apply to be a sponsor
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.
Parent and Grandparent Sponsorship Program
The 2020 interest to sponsor form opened from October 13, 2020, to November 3, 2020. IRCC will randomly select and invite potential sponsors to apply for their parent's and grandparent's permanent residence. A maximum of 10,000 applications will be accepted for processing as part of the 2020 PGP intake, with a new intake in 2021 with an acceptance of 30,000 new applications.
Missed the intake period for 2020? Don't miss your chance to sponsor your parents or grandparents in 2021. Get the latest updates by subscribing to our blog.
Who Can Sponsor?
Canadian citizens and permanent residents can sponsor their parents and grandparents for Canadian permanent residence if they are 18 years of age and residing in Canada. Sponsors must reside in Canada to sponsor. Temporary residents or individuals with permanent residence applications in process are not eligible to sponsor their family members.
You will also not be able to sponsor your parents or grandparents if you:
are in jail, prison, or penitentiary
didn't pay back an immigration loan, a performance bond or support payments such as alimony or child support
didn't give the financial support you agreed to when you signed a sponsorship agreement to sponsor someone else in the past
declared bankruptcy and are not discharged
receive social assistance for a reason other than a disability
were convicted of a violent criminal offence, an offence against a relative or any sexual offence inside or outside Canada
can't legally stay in Canada and must leave the country because you received a Removal Order
Sponsors must also have enough money to support their dependent family members and those they wish to sponsor. If you have a spouse or common-law partner, they may co-sign the application to help meet the financial requirements. You (and your co-signor) will have to provide your Notice of Assessments for the three previous years from the date of your submission. The amounts you must show will change each year and vary by the number of individuals you are responsible for.
Sponsorship Process
Potential sponsors are required to submit an interest to sponsor form, letting IRCC know they wish to sponsor their parents and grandparents. IRCC invites potential sponsors on a random selection model.
Once the interest to sponsor period ends, IRCC reviews the submission, removes duplicates and issues invitations to apply until the 20,000 quota is reached.
After receiving an invitation to apply, sponsors and applicants were required to submit their complete applications within 60 days.
The current processing times on PGP applications are 20 to 24 months
Why is using a legal professional for Parental Sponsorship important?
Applicants under the PGP have only 60 days to submit a complete application. Applications that are incomplete have missing fees or received after the deadline are returned and not processed. Sponsors and applicants in this situation must submit a new interest form the following year and receive a new invitation to apply. Hiring representation avoids the risk of returned, delayed or refused applications.