Sponsoring Your Spouse to Canada After Marriage

Estimated reading time: 15 minutes

Key Takeaways

• What You Need to Know: Sponsoring your spouse, common-law partner, or dependent children involves meeting specific eligibility requirements and understanding the documentation process.
• Family Reunion: The sponsorship system is meant to help Canadian citizens and permanent residents live with their loved ones in Canada.

Sponsoring your spouse to Canada after marriage is a vital pathway for families seeking to live together in Canada. Through Canada’s family sponsorship programs, Canadian citizens and permanent residents can bring their spouse, common-law partner, conjugal partner, and dependent children to settle as permanent residents. These programs aim to keep families united and support newcomers’ integration into Canadian society. Understanding the eligibility requirements and specific documentation needed is crucial for navigating the sponsorship process. A thorough grasp of these requirements can prevent delays and increase the chances of approval.

Eligibility Requirements for Sponsoring Your Spouse

To embark on the journey of sponsoring your spouse to Canada after marriage, you must meet several core eligibility criteria.

General Eligibility Criteria for the Sponsor:

• Age Requirement: You must be at least 18 years old.
• Citizen or Resident: You must be a Canadian citizen, a permanent resident living in Canada, or a person registered under the Indian Act. If you’re a Canadian citizen living abroad, you must intend to live in Canada when your spouse becomes a permanent resident.
• No Debts: You must not be in default of previous sponsorship undertakings or have outstanding immigration debts.
• Financial Stability: You must not be in bankruptcy proceedings or receiving social assistance for reasons other than disability.
• Financial Support: Although there’s no minimum income requirement for spousal sponsorship, you must demonstrate the ability to financially support your spouse. You will need to sign an undertaking agreement to provide for basic needs for three years.

Requirements for the Spouse Being Sponsored:

• Age Requirement: Your spouse must also be at least 18 years old.
• Background Checks: They must pass medical, criminal, and security checks.
• Proof of Relationship: You must provide evidence of a genuine relationship, including:
  • A marriage certificate recognized in the country where it was issued and under Canadian law.
  • Proof of cohabitation, such as joint leases or utility bills.
  • Shared financial responsibilities, like joint bank accounts.
  • Photos of the couple together at different events.
  • Communications records, such as emails or messages.
  • Affidavits from friends and family attesting to your relationship.

Legal Requirements:

• Marriage Validity: The marriage must be legal in the country where it occurred and under Canadian law.
• Admissibility: Your spouse must not be inadmissible to Canada for reasons like security risks, human rights abuse, or serious criminality.

For a complete overview of eligibility requirements, visit the Government of Canada – Sponsor Eligibility page.

Sponsoring a Common-Law Partner to Canada

Definition and Recognition of Common-Law Partnerships

In Canada, a common-law partner is someone who has lived with their partner in a conjugal relationship for at least 12 consecutive months, without significant separations. This relationship is recognized similarly to marriage for immigration purposes.

Specific Eligibility Criteria for Common-Law Partners:

• Both partners must be at least 18 years old.
• You must provide evidence of continuous cohabitation for at least one year.

Documentation Required for Common-Law Relationships:

When sponsoring a common-law partner, you will need to submit several forms of documentation, which may include:

• Joint leases or rental agreements.
• Shared utility bills with both names and the same address.
• Joint bank accounts or credit cards.
• Insurance policies naming each other as beneficiaries.
• Proof of shared expenses and financial support.
• Photos together, travel documents, and correspondence.
• Affidavits from friends and family confirming your relationship.

Differences Between Spousal and Common-Law Sponsorship

While both processes share similarities, sponsoring a common-law partner requires extensive evidence of cohabitation rather than just a marriage certificate. This makes the proof of the relationship even more critical for common-law sponsorship.

For detailed guidance, refer to Sisu Legal’s Common-Law Sponsorship page.

Sponsoring Dependent Children to Canada

Definition of Dependent Children

According to Canadian immigration law, a dependent child is:

• Under 22 years old and not married or in a common-law relationship.
• A child 22 years or older who has depended substantially on parental financial support since before the age of 22 and cannot support themselves due to a physical or mental condition.

Eligibility Criteria for Sponsoring Dependent Children:

• The sponsor must be the biological or adoptive parent of the child.
• The child must pass medical and security checks.

Application Process for Including Children in the Sponsorship:

• Include the child in the sponsorship application by completing relevant sections and forms.
• Provide proof of relationship, such as birth certificates or adoption papers.
• Medical examinations are required for all dependent children.

Rights and Benefits for Sponsored Children Upon Arrival:

Once sponsored, dependent children receive:

• Permanent resident status.
• Access to healthcare and education.
• Eligibility to live, study, and work in Canada.
• The ability to eventually apply for Canadian citizenship.

For details on sponsoring children, visit the Government of Canada – Dependent Children page.

Adoption and Immigration to Canada

Overview of Immigration Options for Adoptive Parents

Canadian citizens and permanent residents can sponsor adopted children from abroad through the family sponsorship program. This involves both adoption procedures and immigration requirements.

Eligibility Requirements for Sponsoring Adoptive Children:

• The adoption must be legal and final in both the child’s country of origin and Canada.
• There must be a genuine parent-child relationship.
• The sponsor must meet the standard eligibility criteria for sponsorship.

Documentation Required for Adoption-Based Sponsorship:

The documentation process includes:

• Legal adoption documents recognized by both countries.
• Proof of the adoption process, including necessary consents and court orders.
• Immigration forms specific to adopted children.
• Compliance with international adoption laws, such as the Hague Convention, if applicable.

Support and Resources Available for Adoptive Families:

Adoptive families can benefit from:

• Provincial and territorial adoption authorities.
• International adoption agencies for legal and logistical assistance.
• Organizations and support groups offering resources and community support.

For more information, visit the Government of Canada – Adopted Children information page.

Immigration for LGBTQ+ Families

Inclusive Policies and Protections

Canada’s immigration system is committed to equality and inclusivity, recognizing same-sex marriages and partnerships. LGBTQ+ individuals have equal rights and opportunities in the sponsorship process.

Specific Requirements for Same-Sex Partners:

The eligibility criteria for same-sex partners are the same as for opposite-sex couples. However, challenges may arise in providing evidence from countries where LGBTQ+ relationships face stigma or legal troubles.

Documentation Needed to Prove LGBTQ+ Relationships:

To establish a genuine relationship, you should provide:

• Marriage certificates for married couples.
• Evidence of common-law relationships like joint finances and cohabitation.
• Photos, correspondence, and affidavits validating the relationship.

Support Networks for LGBTQ+ Families:

Many organizations and community groups assist LGBTQ+ families in navigating immigration, providing resources, and advocacy.

For further guidance, refer to Sisu Legal’s LGBTQ+ Immigration page.

Application Process Overview

Step-by-Step Guide for the Sponsorship Application Process

The following steps outline the sponsorship process:

Step 1: Ensure Eligibility of Both Sponsor and Applicant

• Verify that both the sponsor and the applicant meet age, status, and admissibility requirements. For detailed requirements, refer to the Government of Canada – Eligibility page and the How to Sponsor a Spouse to Canada: A Comprehensive Guide.

Step 2: Gather Necessary Supporting Documents

You will need to prepare the following documents:

• Identity documents: Passports, birth certificates, proof of Canadian citizenship or permanent residency.
• Proof of relationship: Marriage certificate, shared financial records, communication history, and more.
• Additional documents: Police certificates, medical exam confirmation, affidavits.

For a detailed checklist, visit CheckCheck Services – Document Checklist.

Step 3: Complete Required Forms

You need to fill out various forms required by the IRCC, including:

• IMM 1344: Application to Sponsor, Sponsorship Agreement and Undertaking.
• IMM 0008: Generic Application Form.
• IMM 5406: Additional Family Information.
• IMM 5669: Schedule A – Background/Declaration.

Guidelines are available on the Government of Canada – Application Forms page.

Step 4: Pay Processing and Biometrics Fees

Here are the typical fees you may incur:

• Sponsorship fee: $75 CAD
• Principal applicant processing fee: $490 CAD
• Right of permanent residence fee: $515 CAD
• Biometrics fee: $85 CAD per person

Payments can be made online on the Government of Canada Fees page.

Step 5: Submit the Application

You can submit your application online or by mail to the specified IRCC address. Ensure that your application is complete and organized. For submission guidelines, visit CheckCheck Services – Submission Guidelines.

Step 6: Attend Biometrics Appointments and Medical Exams

Once your application is submitted, you may need to provide:

• Biometrics: Instructions will be sent for providing fingerprints and a photo.
• Medical exam: Must be completed by an IRCC-approved doctor.

More details can be found on the Government of Canada – Biometrics and Medical Exams page.

Step 7: Await Processing

Processing times typically average around 12 months, but this can vary. Be prepared to respond to any additional information requests from IRCC. For information on processing times, check the Government of Canada – Check Processing Times page.

Required Forms and How to Complete Them Accurately

Carefully complete the required forms and always follow these tips for accuracy:

• Read instructions thoroughly before filling out forms.
• Double-check information for consistency.
• Ensure all required fields are completed and forms are signed.

Resources to help you can be found on the IRCC Application Guides page.

Fees Involved in the Sponsorship Process

A breakdown of typical fees includes:

• Sponsorship fees and processing costs, as specified earlier.
• Additional costs may involve medical examination fees, police certificates, and translation services for non-English documents.

Common Challenges and How to Overcome Them

Common Documentation Issues:

• Incomplete Applications: Use the document checklist provided by IRCC to ensure all forms and documents are included.
• Insufficient Proof of Relationship: Provide comprehensive evidence, such as personal statements and affidavits.

Verifying Authenticity of Relationships:

• Be thorough and honest in proving your relationship to avoid suspicion of marriage fraud.
• Prepare for interviews or requests for additional information.

Tips for Avoiding Common Mistakes:

• Double-check all forms for accuracy and completeness.
• Ensure consistency across all documents.
• Avoid errors in spelling names, incorrect dates, or missing signatures.

Resources for Assistance:

• Consult with regulated immigration professionals or lawyers.
• Use settlement agencies and community organizations for support.
• Access online resources available on the IRCC website.

For additional insights about overcoming challenges, read Common Canada Immigration Mistakes: Avoiding Pitfalls on Your Journey to a New Home.

Conclusion

Sponsoring your spouse, common-law partner, or dependent children to Canada after marriage involves understanding eligibility requirements, gathering necessary documentation, and following the correct application process. By preparing thoroughly and knowing the requirements, you significantly increase your chances of a successful sponsorship application. If you encounter complex situations, it’s wise to consult with immigration experts for guidance.

Additional Resources

Further resources for your sponsorship journey include:

• IRCC – Family Sponsorship Overview: Official guidelines and resources.
• IRCC – Application Forms and Guides: Find necessary forms and guidance.

If you need further assistance, consider reaching out to local settlement agencies or accredited immigration professionals who can support you throughout this process. Always consult official IRCC sources for the most accurate and current information. For FAQs related to family sponsorship, visit IRCC – Frequently Asked Questions.

Navigating the process of sponsoring your spouse to Canada after marriage may be complex, but with thorough preparation and the right support, families can be reunited in this welcoming country.

Frequently Asked Questions (FAQs)

1. How long does the spousal sponsorship process take?

Processing times typically average around 12 months, but this can vary depending on individual circumstances and application volumes. Check the IRCC Processing Times page for the most current estimates.

2. Can I sponsor my spouse if I am living outside of Canada?

If you are a Canadian citizen living abroad, you can sponsor your spouse, but you must demonstrate your intention to live in Canada when your spouse becomes a permanent resident. Permanent residents must be residing in Canada to sponsor.

3. Is there an income requirement for spousal sponsorship?

There is no minimum income requirement for sponsoring a spouse, common-law partner, or dependent children. However, you must not be receiving social assistance (other than for disability) and must demonstrate the ability to provide for basic needs.

4. What if my marriage certificate is not in English or French?

You must provide a certified translation of any documents not in English or French, along with a certified copy of the original document.

5. Can my spouse work in Canada while the application is being processed?

If your spouse is applying from within Canada (inland application), they may be eligible for an open work permit while the application is in process. This allows them to work for any employer in Canada.