Long-distance relationships can be very stressful. Luckily, the Canadian immigration system has reuniting families as one of its pillars. That means a Canadian citizen or permanent resident on a long-distance relationship can apply for the spousal sponsorship for permanent residence status for their partner/spouse.

Canada spousal sponsorship for permanent residence status

It is an immigration process that allows spouses, common-law partners, and conjugal partners to sponsor their significant-others to be permanent residents of Canada

• Spouse – an individual to whom one is legally married to
• Common-law partnership ­– a conjugal relationship where both of you have lived together for 1 year uninterrupted
• Conjugal partner – where you and your partner are not legally married, and you have not lived together for at least a year due to unavoidable circumstance like distance

Are you an eligible sponsor?

You are eligible to sponsor your spouse or partner for a permanent residence in Canada if you meet the below requirements:

• You are a Canadian citizen
• You have a permanent residence and are living in Canada
• You are an Indian registered under the Indian Act of Canada
• Are 18 years and above
• You are financially stable to provide for your partner’s or spouses basic financial needs for 3 years
• You live in Canada
• If you do not live in Canada, then you have plans of coming back to Canada when your spouse or partner gets their permanent residence
• Proof that you do not receive social assistance unless it is on disability

Who does not qualify to be a sponsor?

If the below applies to you, then you cannot sponsor your spouse or partner for the spousal sponsorship in Canada:

• You cannot pay your immigration loan, performance bond, or family support
• Are in jail, prison, reformatory, or penitentiary
• You have previously not provided the basic needs of a sponsored relative who receives social assistance
• You receive social support for other reason that is not a disability
• You are bankrupt
• You are on a removal order
• You still have a pending spousal sponsorship request
• Have a sexual or violent offence conviction

The burden of Proof

While you might meet the above requirements, you still need to prove that your marriage or partnership is legit.

If you are sponsoring your spouse, then the immigration office will require the below proof of legitimacy:

• Your marriage certificates
• Previous marriage and divorce documents
• Length of relationship
• Your wedding pictures and invitations
• If you have kids, then you must provide their birth certificates or adoption papers
• Other relevant documents

Apart from the above, you also need to provide at least 2 of the below:

• You have shared utility bills or a bank account with both of your names, car insurance, and copies of identity cards issued by a government, tax forms or pay stubs all showing you use the same address
• Proof that you both own properties together

For a common-law partnership, the below is what you need to show as proof of your relationship legitimacy:

• Evidence you living together for the past 1 year
• Pictures of you and your partner
• Copies of birth certificates or adoption papers for any kids you have with your partner

You will also need to provide at least 2 of the below:

• Proof that your family members and friends recognize your relationship, e.g., social media, photos, and letters
• Proof of sharing expenses or any financial support between the two of you
• Evidence showing you recognize each other as partners e.g., insurance and employment benefits

In case your relationship is conjugal, then you need to show the below as proof of legitimacy:

• Proof you share your residence
• Proof your family and friends recognize the relationship
• Financial dependency e.g., joint bank accounts and shared utility bills

In most countries, common-law partnerships and conjugal relations have no government-issued documents that show solidification dates of the marriage. So, whatever evidence you present to the immigration officer has to prove there are significant interpersonal and emotional ties between you and your partner. You also need to show that you both intend for the relationship to be long-term.

Also, the evidence and information you provide needs to be accurate and truthful. You can be banned for several years for any misrepresentation in your file.

Qualifications to be sponsored

A spouse or partner is eligible for the spousal sponsorship if:

• They are 18 years and above
• The relationship is legit and not only in existence for the permanent residence benefit

Types of Sponsorship

There are 2 types of application for this process: Inland and Outland sponsorship

The Application Process for Canada Spousal Sponsorship

The first step is gathering all of your documentation and application forms. Using a checklist will help you ensure you have everything in hand. There is no low-income-cut-off (LICO) for spouse, partner or dependent child sponsorships. The next step is paying for the processing fees for you and your partner, the permanent residence fee, and the biometrics fee. You will also need to pay for a police clearance certificate and medical examination.

The application will be returned within 3 months if there are any missing documents or payments. During the processing period, the person you are sponsoring will receive a communication to provide additional information like biometrics and medical examination.

What's next?

If your application as a sponsor is approved, the next process is to assess your partner’s request for permanent resident status. Your partner will receive a letter with their application number, which they can use to link to their online account. Linking to the online account will help them communicate with the immigration officers more efficiently.

Application Refusal:

If you are an inland applicant and your application was refused, then you are not eligible for an appeal. You have to reapply or file a judicial review on the refused application. An outland applicant can appeal at the Immigration Appeal Division and it must be filed within 30 days of receiving the refusal.

Probable reasons for refusal:

• Not able to prove the genuineness of a relationship
• Misrepresentation
• Incorrect information provided during interviews
• Lack of documents and evidence

Approval:

After medical test and upon approval of the application for the permanent resident status, the applicant will need to submit the below documents:

• 2 photos
• Passport or copies of their passport
• Proof they have paid the permanent resident fee if you did not send it together with your application