Canadian Immigration is drafted in a way so that it can facilitate Canadian citizens and permanent residents to sponsor the immigration of their foreign national spouses, common-law partners and conjugal partners to Canada including same-sex partners. If you are a Canadian citizen or permanent resident living in Canada, you are permitted to sponsor your spouse along with any dependent child or children for immigration to Canada.
Under the Canadian Immigration Law, the other partner in a legal marriage is acknowledged as a spouse. The immigration process varies for Spousal Sponsorship in two ways –
- If a couple is married in Canada, the applicant must establish the marriage as legal as per the established provisions of law, by submitting a marriage certificate issued by the competent authority of the territory where the marriage was solemnized.
- If the couple is married outside Canada, the marriage must be legally recognized in the country where the marriage took place. If the marriage happens to have taken place in a consulate or an embassy, it should be legally recognized by the country where marriage was solemnized, no matter what country the embassy represents. In both cases, the marriage should be considered legal by the Canadian law as well.
For making a Spousal Sponsorship Application, you should –
- Be a permanent resident of Canada, or a Canadian citizen
- Be at least 18 years old.
- Be married or in a common-law/conjugal relationship for at least one year.
- Must be staying in Canada/ or show the intention of making a return eventually.
- Must be financially independent and demonstrate that you will take care of the finances of your partner.
- Demonstrate that you have never taken any social assistance in Canada, except in cases of disability.
- Not have received removal order, departure orders or any such orders
- Demonstrate that you have no criminal charge against you, and/or a pending case in court, and/or a pending loan repayment.
- Have paid your income tax regularly.
- Must not have sponsored any relatives in the recent past with a case lying pending.
Apart from this, in order to make a Spousal Sponsorship, you must establish that your relationship with your spouse or partner is genuine and honest. You will have to submit verifiable documents to substantiate your claims.
You are advised to take professional help for making Spousal Sponsorship Application. There can be many reverse outcomes that you are not prepared to face and are not fully equipped to handle. Only a Canadian Immigration expert can guide you through an otherwise complex process.