Spouse/Common-Law
The objective of the Family Class of immigration is to reunite close family members in Canada.
The Family Class allows Canadian citizens and permanent residents to sponsor their dependent children, parents and grandparents, and spouse or common-law/conjugal partner. Canada strongly supports keeping families together whenever possible. As such, the processing of Family Class applications is given the highest priority at Canadian Visa Offices.
The Spousal/Common-Law Partner Sponsorship
The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner for Canadian permanent residence.
Both the Canadian citizen or permanent resident (also called the 'sponsor') and the foreign national (the 'sponsored person') must be approved by Immigration, Refugees and Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.
In order to receive a visa through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories:
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Spouse
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Common-law Partner
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Conjugal Partner
NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under any of the above three categories, provided they meet all eligibility requirements.
Outland Sponsorship
An Outland application is generally pursued when the sponsored partner is living outside of Canada. However, Outland applicants can still be in Canada and apply through the Outland program, and may be permitted to travel in and out of Canada throughout the application process. Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year.
Inland Sponsorship
The other potential option for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing him or her to work for any employer in Canada while the sponsorship application is being processed.
NOTE: The legal and evidential requirements for entering Canada as a spouse are becoming much tougher. With spouse appeal waiting times increasing to 18 months, it is imperative that your application is well-prepared at the outset to ensure a successful outcome.
Spouse/Common-Law Sponsorship Services
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Detailed personal or telephone consultation
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Advice regarding evidentiary requirements
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Detailed eligibility assessment of the Canadian sponsor
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Assessment of the relationship to ensure it will pass the durable relationship test and in case of common-Law Relationship, ensuring the relationship meets the statutory definition of a common-law partnership
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Admissibility assessment for the foreign national
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Guidance and representation with security and medical clearances
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Completion of all legal forms and statutory declarations
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Drafting of affidavits detailing the chronology of the relationship
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Drafting of affidavits from witnesses attesting to the existence of the common-law relationship
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Detailed legal submissions including case law, statute and policy guidance
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Interview preparation at the Canadian High Commission where necessary
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Tracking the status of your file and liaising with CIC until visa issuance
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Advice regarding post-landing procedures and residency obligations
New Journey Immigration is committed to ensuring that you start an exciting new journey in your family life quickly with minimal disruption and expense. Schedule a free consultation to assess how we can help you with a successful family sponsorship application, or to have your questions answered by an ICCRC qualified and regulated professional.
