Common law partner Канада


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Sponsoring my Common Law Partner to Canada

ALL ABOUT COMMON LAW SPONSORSHIP

Does your partner live outside of Canada? Are you a Canadian permanent resident or citizen, and looking to sponsor your partner to come to Canada? Are you confused about what the process entails? Are you wondering how a common law sponsorship works? If you have answered yes to any of these questions, all of your questions about common law sponsorship will be answered in this blog.

What is a Common Law sponsorship in Canada

Sponsoring your partner to come to Canada can be done through various manners. Spousal sponsorship and Common Law sponsorship are very common when it comes to requirements, processes, eligibility and others. However, the main difference is that for a common law sponsorship, there is no need for the couple to get married or be married. A common law partner can be of any sex but needs to be over the age of 18. Furthermore, in order to prove a common law partnership, it is important that the couple has lived together consecutively for at least the time period of one full year. The partners also must have not been living apart unless for short periods of time regarding family or work obligation.

What are the requirements for a common law sponsorship in Canada?

There are many requirements needed for a common law sponsorship in Canada. These might vary between the province of Quebec and the other provinces. The standard requirements for the sponsor include:

Having Canadian citizenship, permanent residency or Indian status.

You must be living in Canada if you are a permanent resident, and if you are a citizen, you must be planning (and provide proof that you are) to move to Canada once the sponsored partner obtains their legal status

Being 18 years of age or older

You must have the ability to support yourself, the common law partner, and if so, their dependent children.

You must prove the fact that you have lived with your partner for at least one consecutive year, this can be done through:

The sharing of ownership of a property

Joint rental agreements

Bills such as telephone, water, electricity showing a common address

Documents (such as a driver’s license) showing a common address

You must sign an undertaking

What is an undertaking agreement in Canada?

In Canada, an undertaking is a promising agreement where the sponsor states that they will be responsible for the basic needs of their partner and any dependent children of theirs. This agreement is valid for a period of three years. They are to pay the government back if the sponsored receives any kind of social assistance during the time period that you are legally responsible for them. An undertaking will not be cancelled even under the following circumstances:

Your partner obtains Canadian citizenship

Your financial situation has worsened since the beginning of the relationship

The common law partnership ends

One of the partners leaves the country

How do I become a sponsor in Canada?

If you want to sponsor somebody to come to Canada, there are a few factors listed below that ensure your eligibility.

You would like to sponsor a partner, however, the undertaking period for a previous partner or spouse has not finished

You have sponsored a former partner or spouse, but have not paid back any social assistance they received during the undertaking time period stated in the agreement

You were convicted of or threatened to commit an offence regarding sexual or violent acts, or an offence against a relative that caused bodily harm

You were previously sponsored by a former partner or spouse, and became a permanent resident of Canada less than five years ago

You are currently placed in jail, prison or penitentiary

You have received a removal order

You have not received a decision regarding the sponsorship of your current common law partner

You have filed for bankruptcy but have not been discharged

You did not follow through with any court-ordered payments, such as child support

You receive any type of financial support from the government such as an immigration loan or social assistance

What happens after I submit my application when sponsoring someone to come to Canada?

When you submit your application for a common law sponsorship, keep in mind that this is a lengthy process and it might take time for it to be finalized. The immigration officer has to be convinced that your relationship with your partner is truthful, and that you are not faking it in order to obtain the legal status. You must be aware of the fact that the Government of Canada might try to communicate with you due to different factors in your application such as missing documents, biometrics, and others. Since these submissions can be sensitive to time (for example, biometrics and medical exams are only valid for a certain period of time), you need to be constantly aware that you might have received communication. It is possible for this to happen via e-mail and correspondence. In addition, a medical exam must be completed for the sponsored and the family accompanying them, this must be done within 30 days of its notice. Failure to do so might result in the refusal of the application.


What are some common reasons for the refusal of common law sponsorship?

Frequent reasons as to why your common law application might be refused include incomplete applications, inability to prove that the sponsor can be financially responsible for the sponsored and their dependent kids, the inability to prove that you will be living in Canada after the sponsored obtains their permanent residency if you are a Canadian citizen, or if the sponsor is ineligible to become a sponsor due to any of the factors described above.

Contact Akrami and Associates

Common law sponsorship has may requirements, steps, and instructions to be followed, making this process long, stressful and tedious. It is easy to get a refused application if one is not properly guided and advised, as these applications are not easy to be completed. The representatives at Akrami and Associates have a wide variety of experience in all immigration matters, and they would be more than happy to help.

Akrami and Associates’ main priority is ensuring your maximum possibilities of success. Having a professional to guide and advise you is consistently recommended, and your immigration matter will be treated in a wise and professional manner. If you have any questions or personal inquiries do not hesitate to contact us at 416-477- 2545 to book a consultation.

With Akrami and Associates, there’s always a way!

Common law partner Канада

Редакция Русского Торонто | 2020.01.08

Система предварительного отбора кандидатов на иммиграцию Express Entry базируется на рейтинговой системе, называемой Comprehensive Ranking System (CRS) . Суть ее в том, что каждому заявителю по ряду параметров начисляются баллы.

Максимально количество баллов, которое может набрать заявитель — 1200 баллов.
Формула начисления баллов по Comprehensive Ranking System (CRS) берет в учет набор параметров, выделенных в 4 группы:

Система начисления баллов достаточно сложная, с элементами взаимоисключения. Кроме того, для лиц, которые иммигрируют в одиночку, и для лиц, у которых есть брачный партнер, система начисления баллов немного отличается.

Ниже дается подробное описание того, как и по каким параметрам начисляются баллы.

Express Skills and experience factors (max 500 баллов)

Данная группа параметров позволяет оценить уровень образования, профессиональной подготовки и опыта работы по специальности.

Таблицы параметров имеют две колонки, в которых указываются баллы.
Первая колонка (обозначенная семейный ) ориентирована на заявителей с супругой/супругом.
Вторая колонка (обозначенная одинокий ) ориентирована на одиноких заявителей (то есть у которых нет супруга/супруги).

ВОЗРАСТ семейный одинокий
Возможный максимум, набираемый по возрасту — 100 баллов, если есть брачный партнер, или 110 баллов, если заявитель одинокий.
17 лет и меньше
18 лет 90 99
19 лет 95 105
от 20 до 29 лет 100 110
30 лет 95 105
31 год 90 99
32 года 85 94
33 года 80 88
34 года 75 83
35 лет 70 77
36 лет 65 72
37 лет 60 66
38 лет 55 61
39 лет 50 55
40 лет 45 50
41 год 35 39
42 года 25 28
43 года 15 17
44 года 5 6
45 лет и больше

ОБРАЗОВАНИЕ семейный одинокий
Возможный максимум, набираемый за образование — 140 баллов, если есть брачный партнер, или 150 баллов, если заявитель одинокий.
Неоконченная средняя школа
Законченная средняя школа 28 30
Послешкольное образование сроком 1 год 84 90
Послешкольное образование сроком 2 года 91 98
Послешкольное образование сроком 3 года и больше 112 120
Два послешкольных образования, одно из которых было сроком обучения не менее 3-х лет 119 128
Уровень магистра (Master Degree), или специальное профессиональное образование уровня NOC Skill Level A 126 135
Уровень доктора наук (PhD) 140 150

УРОВЕНЬ ВЛАДЕНИЯ ОСНОВНЫМ ЯЗЫКОМ семейный одинокий
Возможный максимум, набираемый за владение основным языком — 128 баллов, если есть брачный партнер, или 136 баллов, если заявитель одинокий.
В таблице указаны баллы за знание языка по отдельным модулям (чтение, письмо, разговорные навыки и понимание на слух).
Общий балл за владение языком определяется как сумма баллов за каждый отдельный модуль.
Меньше чем CLB 4
CLB 4 или CLB 5 6 6
CLB 6 8 9
CLB 7 16 17
CLB 8 22 23
CLB 9 29 31
CLB 10 или больше 32 34

УРОВЕНЬ ВЛАДЕНИЯ ВТОРЫМ ЯЗЫКОМ семейный одинокий
Возможный максимум, набираемый за владение вторым языком — 22 балла, если есть брачный партнер, или 24 балла, если заявитель одинокий.
В таблице указаны баллы за знание языка по отдельным модулям (чтение, письмо, разговорные навыки и понимание на слух).
Общий балл за владение языком определяется как сумма баллов за каждый отдельный модуль.
CLB 4 и меньше
CLB 5 или CLB 6 1 1
CLB 7 или CLB 8 3 3
CLB 9 и больше 6 6

ОПЫТ РАБОТЫ В КАНАДЕ семейный одинокий
Возможный максимум, набираемый за наличие опыта работы в Канаде — 70 баллов, если есть брачный партнер, или 80 баллов, если заявитель одинокий.
Отсутствие опыта или опыт работы меньше 1 года
1 год 35 40
2 года 46 53
3 года 56 64
4 года 63 72
5 лет и больше 70 80

Spouse or common-law partner factors (max 40 баллов)

Данная группа параметров позволяет оценить данные брачных партнеров, включая их уровень владения английским/французским языком, образование и т.д.

ОБРАЗОВАНИЕ
Возможный максимум, набираемый брачным партнером за образование — 10 баллов.
Неоконченная средняя школа
Законченная средняя школа 2
Послешкольное образование сроком 1 год 6
Послешкольное образование сроком 2 года 7
Послешкольное образование сроком 3 года и больше 8
Два послешкольных образования, одно из которых было сроком обучения не менее 3-х лет 9
Уровень магистра (Master Degree), или специальное профессиональное образование уровня NOC Skill Level A 10
Уровень доктора наук (PhD) 10

УРОВЕНЬ ВЛАДЕНИЯ ОСНОВНЫМ ЯЗЫКОМ
Возможный максимум, набираемый брачным партнером за владение английским или французским языком в качестве основного — 20 баллов. В таблице указаны баллы за знание языка по отдельным модулям (чтение, письмо, разговорные навыки и понимание на слух). Общий балл за владение языком определяется как сумма баллов за каждый отдельный модуль.
CLB 4 и меньше
CLB 5 или CLB 6 1
CLB 7 или CLB 8 3
CLB 9 и выше 5

ОПЫТ РАБОТЫ В КАНАДЕ
Возможный максимум, набираемый брачным партнером за наличие опыта работы в Канаде — 10 баллов.
Отсутствие опыта или опыт работы меньше 1 года
1 год 5
2 года 7
3 года 8
4 года 9
5 лет и больше 10

Skills transferability factors (max 100 баллов)

Данная группа позволяет получить дополнительные баллы за определенные сочетания параметров, за которых уже даны оценки в первых двух группах .

Сочетание определенного уровня образования с уровнем владения языком

ОБРАЗОВАНИЕ Уровень владения языком по всем модулям на уровне CLB 7 и выше Уровень владения языком по всем модулям на уровне CLB 9 и выше
Возможный максимум, набираемый за данное сочетание — 50 баллов.
Отсутствие послешкольного образования
Послешкольное образование 1 год и больше 13 25
Два послешкольных образования, одно из которых было сроком обучения не менее 3-х лет 25 50

Сочетание определенного уровня образования с опытом работы в Канаде
ОБРАЗОВАНИЕ Наличие 1 года опыта работы в Канаде Наличие 2 лет опыта работы в Канаде
Возможный максимум, набираемый за данное сочетание — 50 баллов.
Отсутствие послешкольного образования
Послешкольное образование 1 год и больше 13 25
Два послешкольных образования, одно из которых было сроком обучения не менее 3-х лет 25 50

Сочетание уровня владения языком с опытом работы за пределами Канады
ОПЫТ РАБОТЫ ЗА ПРЕДЕЛАМИ КАНАДЫ Уровень владения языком по всем модулям на уровне CLB 7 и выше Уровень владения языком по всем модулям на уровне CLB 9 и выше
Возможный максимум, набираемый за данное сочетание — 50 баллов.
Отсутствие опыта работы
1 год или 2 года опыта работы за пределами Канады 13 25
3 года и больше опыта работы за пределами Канады 25 50

Сочетание опыта работы в Канаде с опытом работы за пределами Канады
ОПЫТ РАБОТЫ ЗА ПРЕДЕЛАМИ КАНАДЫ 1 год опыта работы в Канаде 2 год и больше опыта работы в Канаде
Возможный максимум, набираемый за данное сочетание — 50 баллов.
Отсутствие опыта работы
1 год или 2 года опыта работы за пределами Канады 13 25
3 года и больше опыта работы за пределами Канады 25 50

Сочетание уровня владения языком с наличием Certificate of Qualification
НАЛИЧИЕ CERTIFICATE OF QUALIFICATION Уровень владения языком по всем модулям на уровне CLB 5 и выше, при этом как минимум один модуль на уровне CLB 6 и выше Уровень владения языком по всем модулям на уровне CLB 7 и выше
Возможный максимум, набираемый за данное сочетание — 50 баллов.
Наличие Certificate of Qualification 25 50

Примечание :
1. Независимо от того, сколько баллов вы набрали по этой группе параметров, они не могут превышать 100 баллов. Например, если вы набрали 150 баллов, то их нужно считать как 100.
2. Баллы, полученные за комбинации, связанные с образованием, не могут превышать 50 баллов. Например, если вы получили за комбинацию Сочетание определенного уровня образования с уровнем владения языком 50 баллов, и за комбинацию Сочетание определенного уровня образования с опытом работы в Канаде 25 баллов, то есть в сумме 75 баллов, их нужно считать как 50 баллов.
3. Баллы, полученные за комбинации, связанные с наличием зарубежного опыта работы, не могут превышать 50 баллов. Например, если вы получили за комбинацию Сочетание уровня владения языком с опытом работы за пределами Канады 50 баллов, и за комбинацию Сочетание опыта работы в Канаде с опытом работы за пределами Канады 25 баллов, то есть в сумме 75 баллов, их нужно считать как 50 баллов.

Additional points — max 600 баллов

Дополнительные баллы (совокупно до 600 баллов) начисляются по ряду параметров. Часто эти дополнительные баллы становятся решающими при отборе заявления в системе Express Entry

Наличие брата или сестры со статусом гражданина или постоянного жителя Канады, проживающими в Канаде. 15
Уровень владения французским языком выше NCLC7 по всем модулям, при владении английским на уровне CLB4 и ниже, или при отсутствии результатов теста на владение английским языком. 15
Уровень владения французским языком выше NCLC7 по всем модулям, при владении английским на уровне CLB5 и выше по всем модулям. 30
Послешкольное обучение в Канаде сроком 1 или 2 года. 15
Послешкольное обучение в Канаде сроком 3 года и больше. 30
Наличие приглашения на работу в Канаде по специальности уровня NOC 00 200
Наличие приглашения на работу в Канаде по специальности уровня NOC 0, A или B 50
Наличие номинации провинции для прохождения по провинциальной программе 600

Таблица конверсии результатов IELTS в CLB (Canadian Language Benchmark)

common-law partner

Универсальный англо-русский словарь . Академик.ру . 2011 .

Смотреть что такое «common-law partner» в других словарях:

Common-Law Partner — A person (defined under the Income Tax Act) who is cohabitating with an indiv >Glossary of Bankruptcy

Common-law relationships in Manitoba — Same sex marriage in Canada Legal Civil Marriage Act Reference re Same Sex Marriage … Wikipedia


Common-law marriage — Family law Entering into marria … Wikipedia

common-law husband — (or wife) ► NOUN 1) a partner in a marriage recognized in some jurisdictions (excluding the UK) as val >English terms dictionary

Common Law (2012 TV series) — For the former ABC television series, see Common Law (1996 TV series). Common Law Genre Comedy drama Created by Cormac Wibberly Marianne Wibberly Starring … Wikipedia

common law — noun 1》 the part of English law that is derived from custom and judicial precedent rather than statutes. ↘the body of English law as adopted and adapted by the different states of the US. 2》 [as modifier] denoting a partner in a marriage… … English new terms dictionary

marriage, common law — n. A union between a man and a woman who have not been married by ceremony but who have agreed to live together as husband and wife and have assumed marital duties. A majority of states in the United States do not now recognize common law… … Law dictionary

Очень важная для вас статья:  Дружба с Канадой и канадцами

law — [lɔː ǁ lɒː] noun 1. [singular, uncountable] LAW the whole system of rules that citizens of a country must obey: • It is against the law (= illegal ) for children to work before they are fifteen. • There were easy profits for businessmen who were… … Financial and business terms

common — adj. & n. adj. (commoner, commonest) 1 a occurring often (a common mistake). b ordinary; of ordinary qualities; without special rank or position (no common mind; common soldier; the common people). 2 a shared by, coming from, or done by, more… … Useful english dictionary

partner — n 1. associate, consociate, colleague, coworker, co partner, co a >A Note on the Style of the synonym finder

law — noun 1 SYSTEM OF RULES (singular, uncountable) the whole system of rules that citizens of a country or place must obey: against the law (=illegal): Sex discrimination is against the law. | break the law (=do something illegal): There were easy… … Longman dictionary of contemporary English

Common law partner Канада

Express Entry – это федеральная система. Express Entry участвует в таких программах:

    • федеральная программа Federal Skilled Worker Program (FSWP)
    • федеральная программа Federal Skilled Trades Program (FSTP)
    • федеральная программа Canadian Experience > Суть Express Entry – сначала все заявления по федеральным программам FSWP, FSTP и CEC подаются в одной общей системе – Express Entry Pool.

    В единой базе данных канадской иммиграционной системы Express Entry Pool создается Ваш персональный профиль Express Entry Profile. Если заявитель удовлетворяет проходным требованиям хотя бы одной из программ, его данные переводятся в общую базу кандидатов – Pool of Cand >По этому классу проходят люди, которые, благодаря наличию у них хорошего образования, знания одного из государственных языков Канады (английского и/или французского) и навыков работы по нужной в Канаде специальности, имеют потенциальную возможность успешно устроиться в Канаде. Вы должны набрать проходной балл по совокупности факторов, по которым проводится оценка Ваших данных. В настоящий момент министерством гражданства и иммиграции Канады для категории Профессиональная иммиграция (Skilled Worker >Посмотреть таблицу начисления баллов . Summary of points per factor for Express Entry candidates

    Points per factor – With a spouse or common-law partner
    Age 100 110
    Level of education 140 150
    Official languages proficiency 150 160
    Canadian work experience 70 80
    B) Summary of points per factor for Express Entry candidates

    Level of education 10
    Official language proficiency 20
    Canadian Work Experience 10
    A. Core/human capital + B. Spouse or common-law partner factors Maximum 500 points (with a spouse or common-law partner) Maximum 500 points (without a spouse or common-law partner)
    C) Summary of points per factor for Express Entry candidates

    Maximum 100 points
    Education Maximum 50 points
    With good/strong official languages proficiency and a post-secondary degree 50
    With Canadian work experience and a post-secondary degree 50
    Foreign work experience Maximum 50 points
    With good/strong official languages proficiency and foreign work experience 50
    With Canadian work experience and foreign work experience 50
    Certificate of qualification (for people in trade occupations) Maximum 50 points
    With good/strong official languages proficiency and a certificate of qualification 50
    A. Core/human capital + B. Spouse or common-law partner + C. Transferability factors Maximum 600 points
    D) Summary of points per factor for Express Entry candidates

    (maximum 600)
    Arranged employment 600
    PN nomination 600
    CRS – Core factors
    Core / human capital factors With a spouse or common-law partner (Maximum 460 points) Without a spouse or common-law partner (Maximum 500 points)
    Age Number of points (100 maximum) Number of points (110 maximum)
    90 95 100 95 90 85 80 75 70 65 60 55 50 45 35 25 15 5 Level of Education With a spouse or common-law partner – Number of points (140 maximum) Without a spouse or common-law partner – Number of points (150 maximum)
    28 84 91 112 119 126 140 Official languages proficiency – first official language

    Maximum points for each ability (reading, writing, speaking and listening):

    • 32 with a spouse or common-law partner
    • 34 without a spouse or common-law partner
    With a spouse or common-law partner Maximum 128 points Without a spouse or common-law partner Maximum 136 points
    6 8 16 22 29 32

    Official languages proficiency – second official language

    Maximum points for each ability (reading, writing, speaking and listening):

    • 6 with a spouse or common-law partner (up to a combined maximum of 22 points)
    • 6 without a spouse or common-law partner
    With a spouse or common-law partner Maximum 22 points Without a spouse or common-law partner Maximum 24 points
    1 3 6 Canadian work experience With a spouse or common-law partner Maximum 70 points Without a spouse or common-law partner Maximum 80 points
    35 46 56 63 70 Out of 460 points CRS – Spouse or common-law partner factors (if applicable)

    Spouse’s or common-law partner’s official languages proficiency – first official language

    Reading, writing, speaking and listening– total points for each ability

    Гражданские браки

    Канада признает гражданские браки (common-law partners) наравне с официально зарегистрированными браками и не делает никаких различий между официально женатыми парами и людьми, проживающими в гражданском браке.

    Главное отличие в иммиграционных процессах семейного спонсорства женатых пар и гражданских браков состоит в том, что гражданский брак признается Канадой действительным только после года совместного проживания и ведения совместного хозяйства. То есть, Канада требует предоставления максимальных доказательств подлинности гражданского брака, а также доказательств того, что люди живут вместе не менее года.

    По канадскому законодательству гражданский брак (common-law partners) признается действительным браком, если:
    1) Вы жили в супружеских отношениях не менее года
    2) Все это время вы вели совместное хозяйство. Принимаются во внимание следующие документы:
    — совместные банковские счета или кредитные карты (банковские распечатки)
    — совместное владение жильем, либо совместная аренда жилья
    — счета, приходящие на оба имени по этому адресу (газ, свет, телефон и т.д.)
    — совместное управление бытовыми расходами
    — совместные покупки домашнего обихода
    — совместные путешествия
    Отличным доказательством подлинности гражданского брака является наличие совместного ребенка.

    Immigration to Canada: Spouse, Conjugal and Common-law Partner

    The Canadian immigration laws and regulations consider three groups of people to be in marital relationship. The relationship is valid between two persons who are of opposite or the same sexes.

    Spouses

    Spouses are two persons that are legally married according to the local laws or rather where they have got married. Spouses hold a document usually called a “marriage certificate” which explains the details of the marriage such as the date it has become into effect, the location, and its validity.

    Conjugal Partners


    Conjugal partners are two persons who are committed to each other and in conjugal relationship to each other for at least one full year. Conjugal partners show the characteristics of two married persons, such as:

    • intimate/romantic relationship
    • commitment
    • attending parties together
    • travelling together
    • spending their time together as much as possible
    • being financially related and/or dependent

    This list is not exhaustive. Also, none of the items on the list is conclusive.You need to look at the quality of the relationship the two persons present in order to realize whether you can consider them conjugal partners or not. The final conclusion is to some extent subjective. Therefore if you would like to introduce somebody to a visa officer – for the purpose of immigration – as your conjugal partner make sure to offer as much evidence as possible.

    Conjugal partners usually do not live together due to valid reasons. For example, if one of them has immigrated to Canada and the other one lives abroad and is not able to travel to Canada because of reasons other than inadmissibility. Some countries prohibit same-sex couples to live together. This could be another valid reason.

    Common-law Partners

    Common-law partners are conjugal partners who have lived together for at least one full year. If you are in common-law relationship to another person, you need to show that you have shared the same place for living. You also need to show other evidence that helps the visa officer to confirm your conjugal relationship. Joint rent agreements or a house in your both names would definitely be very helpful.

    How to Verify a Marital Relationship

    If you are legally married a marriage certificate could suffice to verify your relationship. However, when it comes to sponsoring your spouse of if you are in common-law or conjugal relationship then you need to consider as much evidence as possible. Some typical evidences could be:

    • A common biological or adopted child
    • Apartment rental agreement under both names
    • A property deed under both names
    • Joint bank accounts
    • Travel tickets or bookings to the same destination for both
    • Pictures of your wedding reception or ceremony (if applicable)
    • Pictures of the places you have visited or the parties you have attended
    • Life insurance policies that one of you is the beneficiary of the other
    • Any other document that could prove your financial or emotional dependency to each other

    None of the above items are inclusive or conclusive. At the end of the day, you need to have all necessary information handy to show the officer that you are really in conjugal relationship with each other. The officer also considers some other factors such as,

    • How you were introduced to each other
    • For how long you knew each other before considering the conjugal relationship
    • Your local traditions and if you have followed them or not
    • Are you from the same background and/or ethnicity

    Again, none of the above could definitely verify whether your relationship is acceptable for the purpose of immigration or not. Consider them as some hints for you and the officer only. People have the freedom to choose their lives no matter how odd their decisions appear to the officer or how deviated they are from social norms. A reasonable officer and a group of convincing documents could ease your way to verify your true relationship. (Note to practitioners – focus on R4, R117, and R133)

    If you wish to visit or move to Canada or if you have encountered any issues with the immigration authorities, you may fill out our free assessment form or book a consultation session to assess your potential opportunities or offer you immigration, visa, or citizenship advice.

    Al Parsai, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Ashton College Instructor – Immigration Consulting

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    Disclaimer:
    “This article provides information of a general nature only. It may no longer be current. It does not provide legal advice nor should it be relied upon. If you have specific legal questions you should consult a lawyer. If you are looking for official immigration advice contact us.”

    Related

    Al Parsai is a Regulated Canadian Immigration Consultant (RCIC) in Toronto, Canada. He also teaches the official immigration consulting courses at Ashton College in Vancouver, Canada. Al who holds a Masters degree from Yorkville University is a member of ICCRC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented hundreds of applicants from more than 30 countries to the immigration authorities since January 2011.

    Common-law Sponsorship Canada

    Common Law Sponsorship Canada

    there are many common misconceptions of common law relationships. For this reason, let us first understand what common-law means for the purposes of immigration to Canada.

    According to Citizenship and Immigration Canada, the government considers this (Common-law Sponsorship) to mean a couple living together for one year without any long periods of separation. Either partner may have left the home for work or business travels, family obligations, and so on. However, that separation must have been temporary and short.

    You may apply to sponsor a common-law partner to Canada, of the opposite sex or the same sex. You simply have to prove you have been living with your Common-Law Partner for at least 12 consecutive months in a relationship like a marriage.

    A common-law relationship ends when at least one partner does not intend to continue it.

    Now that we have an understanding of what the most fundamental requirement of sponsoring a common-law partner is, we can dispel some of the other, more generally applicable misconceptions about common law relationships.

    Most notably, that it falls under provincial jurisdiction and not the federal. This means that each province may have varying and unique views on what they legally consider to be a common law union.
    For example, in British Columbia, a couple residing together for at least two years in a common-law relationship are treated equally to those who have been legally married. In Alberta, common-law unions are called adult interdependent partners. This is deemed a common-law relationship when the couple has resided together for at least three years or has a child and lives together. Quebec, on the other end, does not even recognize such relationships.

    However, for immigration purposes, we simply need to look at the Federal definition of Common Law which is explained above.

    Some Other Popular Misconceptions About Common Law Union Are:

    • In the event of a break up, assets are divided. This is actually untrue, most provinces do not recognize matrimonial property in common law relationship
    • Common-law partners are not entitled to spousal support in the event of a break up. If a court determines that there were «economic consequences» to the break-up. If one person in the relationship supported the other person regularly, then that person might be entitled to continue that way of life
    • Children do not affect common law unions. This is a grave misconception, the presence of a child greatly affects the union of a relationship


    Again, what common-law union is understood as for the purposes of immigration is different to what is considered provincially.

    The main factor you will need to demonstrate in your common-law sponsorship application is that you have been cohabiting in a «marriage like» relationship for at least 12 months.

    Depending on the uniqueness of your situation, there are a number of ways you can demonstrate this, as many often ask, «how do I prove I have lived with my partner for a year?»

    Common-Law Sponsorship Main Eligibility Requirements

    Submitting an application to sponsor your common law partner can be a stressful endeavor. Many of our clients have an easy enough time locating application forms online but have no idea where to start with respect to gathering documents
    Akrami & Associates will guide you every step of the way with this
    If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind

    You May Not Be Eligible To Sponsor Your Common-Law Partner If You:

    • Did not meet the terms of a sponsorship agreement in the past
    • Did not pay alimony or child support even though a court ordered it
    • Get government financial help for reasons other than being disabled

    Common-Law Sponsorship If You Were Convicted Of

    • An offence of a sexual nature
    • A violent crime
    • An offence against a relative that resulted in bodily harm or an attempt or threat to commit any such offences

    Common Law Sponsorship Finances

    Though there are no financial requirements to sponsor your spouse or common law partner, nor any preclusion therein, your finances will still be assessed. An immigration officer should be satisfied, based on your income/savings/assets, that you will be financially capable of supporting your common law sponsor in Canada. An officer may refuse you based on the fact that he feels you will be unable to maintain your undertaking or promise to be financially responsible for your common law partner for the allotted amount of time.

    Common Law Sponsorship Documentation

    The documentation you submit for a common law sponsorship is more intensive then a spousal sponsorship in the sense that, in addition to the other requirements, you will need to demonstrate the additional factor of cohabitation. Many people struggle with documentation in this respect as how do you show progression of time with documents? This can be remedied by submitting joint bills, for example, over the span of time. Provided they have both names on it and have the same address, submitting a years’ worth of such bills is a good way to begin demonstrating cohabitation to an officer making a decision. Aside from this, your documentation should also reflect the genuineness of your relationship.

    We Can Help You With Your Common Law Application To Canada!

    We have dealt with hundreds of immigration cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save your from hassle.

    If you are worried about the legal fees – Don’t be! Our goal is to help everyone that is interested in immigrating to Canada. Contact us and we can provide numerous options for you. You can also purchase our very affordable Do it Yourself Immigration Kit which details everything for you. If you are still not sure, feel free to get back to us. We will review your case before you submit it to give you the best possible outcome.

    Book a Consultation Session!

    One of our immigration specialists will assist you with your matter. Book Now!

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    Family Class Sponsorship to Canada

    Family Class and Spousal Sponsorship to Canada

    Anyone who is a Canadian citizen or permanent resident can sponsor an eligible family member to live in Canada as a permanent resident. As a permanent resident, they can live in Canada indefinitely, work, go to school, and receive other benefits such as health care.

    As about our success rate

    Family members who can be sponsored include

    • spouse (husband or wife),
    • same sex spouse (husband or wife),
    • common-law partner,
    • conjugal partner or fiancé, (in a romantic relationship with the sponsor but is unable to live with them due to circumstances outside their control such as sexual orientation or legal barriers)
    • dependent child,
    • spouse’s or common-law partner’s dependent child,
    • grandchild who is still a dependent.


    Please note that at this time sponsorship of parents and grandparents is on hiatus, but will return on January 3, 2020.

    Index

    See more countries:

    Since October 25, 2012, sponsored spouses and partners who have been together 2 years or less must live together in a legitimate relationship in Canada with their sponsor for a minimum of two years after their permanent residence application is approved. If the relationship is not maintained for two years, the sponsored person may lose their permanent resident status. This is done to minimize permanent residence obtained through fraud and protect sponsors from being taken advantage of.

    Ask about our success rate

    The process to bring your loved one to Canada has two parts. The first part is for the Canadian citizen or permanent resident to apply to become a sponsor. Currently, spouses or partners can be sponsored from inside Canada while they are on a visitor visa, called Inland Sponsorship, or while they are outside Canada, called Overseas Sponsorship.

    Common-Law Sponsorship to Canada

    A common-law partner is a person who has lived together with the sponsor in a conjugal relationship for at least one year. In a common-law marriage, there is no document to prove that a couple is living together. A common-law marriage exists from the day a couple decides to physically live together. To qualify under the Family Class, Canadian immigration law requires a couple to prove that they have lived together continuously for at least one year. Documents that may prove the existence of a common-law relationship include:

    • Joint bank accounts
    • Joint credit cards
    • Proof of property purchased in both names
    • Invoices in both names
    • Lease agreement showing both names
    • Correspondence/bills sent to either party at the same address
    • Insurance policies showing the other partner as beneficiary

    Same Sex Sponsorship to Canada

    Same sex marriage (marriage between two men or two women) has been legal in Canada since 2005. Shortly after this time, Canada began recognizing sponsorship applications between people of the same sex in a genuine romantic relationship.

    Same sex couples who want to undertake a sponsorship application must follow the same regulations and meet the exact same requirements as heterosexual couples, including the financial obligations and criminal background checks.

    Spousal Sponsorship Application Processing Times

    Ask about our success rate

    Overseas Spousal Sponsorship

    Find your spouse’s country
    If the person you are sponsoring is currently outside Canada, the time it takes for IRCC to verify that you are eligible to become a sponsor is 39 days. Processing time for the sponsored person’s application depends on the location of the person being sponsored and ranges from 8 – 41 months. Most offices process the applications in under 16 months. For a complete list of visa offices and processing times, please refer to the charts below.

    Application times below are based on processing time for complete application, are averages, are subject to change without notice, and are not guaranteed. Applications may take longer than the timeframes stated by IRCC at the officer’s discretion.

    Click the image or here for a bigger picture. The darker the green, the longer the wait time.

    Spouse or common-law partner factors With spouse or common-law partner – number of points per factor Without spouse or common-law partner (0 points – does not apply)
    Spouse’s or common-law partner’s level of education 10
    2
    6
    7
    8
    9
    10
    10
    Outland Sponsorship Application Wait Times in Months Legend — Processing Time as of May, 2020
    Light Blue : 8 months — Algeria, Andorra, Brazil, Liechtenstein, Monaco, Tunisia
    9 months — Albania, Morocco, Peru, Portugal, Spain
    Blue : 10 months — Belgium, France, Iran, North Korea, Ukraine
    11 months — Australia, Israel, Kiribati, Nauru, New Zealand, Poland, Samoa, Solomon Islands, Switzerland, Tahiti, Taiwan, Tonga, Trinidad and Tobago, Turkmenistan, Tuvalu, Vanuatu
    Light Green : 12 months — Greece, Holy See (Vatican City), Italy, Japan, San Marino, Syria, Turkey
    13 months — Bosnia and Herzegovina, Bulgaria, Ivory Coast, Germany, Hong Kong, Ireland, Palestine, Philippines, Qatar, Romania, Russia, Serbia, Singapore, Sri Lanka, United Arab Emirates
    14 months — Cameroon, China, Cuba, Egypt, Fiji, Ghana, Guyana, Kuwait, Malawi, Nepal, Nigeria, Sao Tome and Principe, South Korea, Swaziland, United Kingdom
    Green : 15 months — Colombia, Dominican Republic, El Salvador, Lebanon, South Africa, United States of America 16 months — Costa Rica, Macedonia, Marshall Islands, Micronesia, Moldova, Netherlands, St. Lucia
    Pink : 17 monthsmost countries in the world
    18 months — Senegal, Sweden
    Red : 20 months — Ethiopia, India, Jamaica, Kenya
    Light Pink : 21 months — Haiti
    Orange : 23 months — Iraq, Jordan
    24 months — Vietnam
    25 months — Congo (DRC)
    Purplish Gray : 26 months — Bangladesh, Cambodia, Uganda
    27 months — US Virgin Islands
    Purple : 28 months — Pakistan
    29 months — Thailand
    Light Salmon : 36 months — Afghanistan
    Gray : 41 months — St. Vincent and the Grenadines

    If you don’t see your country of residence listed on the right side of this table, then the average processing time is 17 months.

    Inland Spousal Sponsorship

    As of December 2020: If the person you are sponsoring is currently inside Canada, the time it takes for IRCC to verify that you are eligible to become a sponsor is 4 months. Processing time for the sponsored person’s application including background checks and medical checks is 8 months. If your application was submitted before December 7, 2020, the processing time is 26 months.

    These processing times are based on complete applications, are averages only, are subject to change without notice, and are not guaranteed. Applications may take longer than the timeframes stated by IRCC at the officer’s discretion. Statistics are updated on our website every 30 days.

    Spousal Sponsorship Costs

    Legal Fees

    Our fees are on a case-by-case basis, but Immigroup service fees for spousal or common-law sponsorship are around $4,500-$6,000.

    Immigroup’s service fees for child sponsorship are $3,000-$4,500

    If you do not know where you stand, whether you are eligible to enter Canada, or how to proceed contact us for assistance at 1-866-760-2623.

    Ask about our success rate

    Sponsorship Review

    Immigroup will review your completed spousal sponsorship application for $550+HST. Immigroup will make sure you have not made any mistakes on your application or in gathering the documentation of your relationship. We will assess your sponsorship letter and give you peace of mind that you are submitting an application with a very good chance of success. Don’t lose sleep at night worrying about whether you’ve done enough. Call us at 1-866-760-2623 for a review.

    Government Fees

    In addition to the legal fees paid to a consultant or lawyer to assist you with this process, the applicant must also pay a fee to the Canadian government for filing their application. Please see the fees below:

    Processing Fees Number of Persons Amount Per Person Amount Due
    Sponsor 1 $75 $75
    Principal Applicant 1 $475 475
    Principal applicant under 22 years of age and a dependent child of the sponsor, a child to be adopted or an orphaned family member that is neither married nor in a common-law relationship. x $75
    Family member 22 years or older, or who is married, engaged or in a common-law relationship, regardless of age x $550
    Family member who is under 22 years and who is not married, engaged or in a common-law relationship x $150
    Right of Permanent Residence Fee Number of Persons Amount Per Person Amount Due
    Principal applicant (Spouse/common-law partner) 1 $490


    Government application fees are subject to change at any time without notice and are not refundable from IRCC regardless of whether the application is approved.

    Sponsorship to Canada Requirements — The Sponsor

    To become a sponsor, you have to meet the following requirements:

    • be at least 18 years old; be a Canadian citizen or permanent resident,
    • live in Canada or be able to prove that you will live in Canada when the sponsorship application is approved,
    • prove that you can meet the basic financial needs of the person you are sponsoring and their dependent children.

    You cannot sponsor someone if any of these situations apply to you:

    • you have sponsored a previous spouse or partner within the last 3 yeas
    • you receive social assistance other than disability;
    • you are in bankruptcy protection;
    • you have defaulted on any immigration-related financial obligations;
    • you have been convicted of certain sexual and / or violent crimes;
    • you were sponsored as a spouse or partner fewer than 5 years ago;
    • you are in jail or prison; you are under a removal order to leave Canada.

    When you have sponsored someone to live in Canada, you are financially responsible for their well-being for between 3 – 10 years depending on their relationship to you and their circumstances. This means that if the person you have sponsored or their dependent receives social welfare benefits during this time, you are obligated to pay this money back to the province of their residence.

    Responsibilities of the Sponsor

    When you sponsor a spouse/partner (or other family member) you commit to looking after them while they settle in Canada. As part of the application, you will be completing and signing multiple forms that pledge you to take care of spouse. These are the two forms and what they commit you to:

    Sponsorship Undertaking

    This is a legal pledge signed by you the sponsor to the ICCRC) where you swear to provide for your sponsored spouse and any dependent children they are bringing with. You pledge to supply them with the following:

    • Food,
    • Clothing,
    • Utilities,
    • Personal Requirements,
    • Shelter,
    • Fuel,
    • Household supplies,
    • Health care not prov >waitin g period from the date of arrival of the sponsored spouse before they are eligible for OHIP (Ontario Health Insurance Plan) so you must also look after any health care needs they have in the initial 3 month period after landing.

    Sponsorship Agreement

    This is a legal agreement between you the sponsor and your spouse, and covering any dependent children. It involves the following legal commitments:

    • You agree to provide the basic necessities for your sponsored spouse (and any dependent children) covered in the Undertaking (see above). You agree to this so the government has assurance that your spouse will not go on social assistance.
    • Your spouse agrees to seek financial assistance from you if they are unable to provide for their own basic needs, before going to the Government to apply for social assistance.
    • You both agree that the period of the Undertaking for spousal sponsorship is 3 years from the date the sponsored spouse receives their permanent residence (inland), or from the day your sponsored spouse lands in Canada as a permanent resident (outland). If you are committing to care for a dependent child as well, then you the sponsor are responsible for the child for a period of 10 years or until they are 25 years old, whichever is longer.

    Requirements to be Sponsored to Canada

    To be sponsored by a Canadian citizen or permanent resident to live in Canada, you will have to follow certain procedures, including:

    • undergo a medical examination;
    • if you are being sponsored as a spouse or partner, you must be at least 16 years old;
    • obtain fingerprints to pass criminal and security background checks;
    • obtain a passport and in certain countries an exit visa;
    • attend an interview at a Canadian visa office if required.

    Sponsorship of Children to Canada

    Children can be included as dependants in a spousal or partner sponsorship application, but an application must be filed for each child in addition to the main applicant (the spouse or partner). Of, if you are already a permanent resident or citizen of Canada, you may sponsor a child living outside of Canada. In order for a child to be sponsored to live in Canada, they have to meet the following requirements:

    • under 22 years old and not married or in a common-law relationship, OR
    • over 22 years old but has been in school since before the age of 22 and is financially dependent on the parent, OR
    • over 22 and is unable to care for themselves due to a medical condition.

    If you aren’t sure whether you can sponsor your child to live in Canada, call us for a consultation.

    Sponsorship of other family members to Canada

    Sponsorship of parents and grandparents is still on hiatus until January 2, 2014. However, they may be eligible to apply for a Visitor Visa or Super Visa to stay in Canada for up to 2 years at a time.

    Documents that prove relationship of the sponsor to a parent:

    • Sponsor’s birth certificate

    Documents that prove relationship of the sponsor to a grandparent:

    • Sponsor’s birth certificate
    • Sponsor’s parent’s birth certificate through whom the sponsor is related to the sponsored grandparent


    Humanitarian and Compassionate Considerations

    If a relative falls outside of these categories, you may still be able to sponsor them to live in Canada on humanitarian and compassionate (H&C) grounds. Contact us for more information at 1-866-760-2623.

    Possible Reasons for Sponsorship Refusal

    Ask about our success rate

    IRCC can refuse a sponsorship application for many reasons. Here are some of the most common ones:

    • The relationship is not genuine. For example, if IRCC believes that the relationship exists only for the sponsored person to immigrate to Canada, the application will be refused.
    • The sponsor does not meet the financial requirements.
    • The necessary supporting documents have not been included in the applications.
    • The person you wish to sponsor does not qualify through the family class.
    • The person being sponsored did not meet the medical requirements.
    • The person being sponsored is inadmissible to Canada due to criminal convictions. In this case, the person may be able to obtain a Temporary Residence Permit (TRP) and still be sponsored to live in Canada. Please refer to our TRP page and contact us for more information at 1-866-760-2623.

    Federal and Provincial Programs for Family Class Sponsorship

    The grid below combines the federal and provincial programs for sponsoring your family member. By clicking on a box in the grid, you are directed to a page with qualification information and a simplified sponsorship application process.

    Family Class Sponsorship
    Federal Married to a Canadian citizen or permanent resident
    New Brunswick Relative in New Brunswick willing to provide support to the applicant after arrival
    Nova Scotia Relative in Nova Scotia willing to provide support to the applicant after arrival
    Saskatchewan Relative in Saskatchewan willing to provide support to applicant after arrival

    Immigroup has simplified the confusing sponsorship application processes and qualification guidelines of the Government of Canada for Family Class Sponsorship. One of the objectives of Canadian immigration law is «to see that families are reunited in Canada». This class of immigration is called the «Family Class».

    Take a look at our page below for additional information on sponsoring a family member to Canada.

    How can we help you bring your loved one to Canada?

    Ask about our success rate

    To discuss your options for a sponsorship application, contact us for a consultation. (Call us at 1-866-760-2623 if you would prefer not submitting a contact form.) We can determine your eligibility to sponsor as well as discuss how you can prove you meet the requirements. We will also go over the entire application process so that you understand what you and your loved one will have to do.

    Immigroup will assist you throughout the entire application process from start to finish, including:

    • Determining your eligibility to apply;
    • Determining the likelihood of success for your application;
    • Ensuring your forms are complete and accurately reflect the details of your case for maximum chance of success;
    • Ensuring you have the necessary and appropriate documents to support your application;
    • Providing guidance on the privileges and responsibilities of sponsorship and permanent residence;
    • Advising how someone who is inadmissible to Canada may still be sponsored;
    • Offering Top Priority service for extremely urgent cases;
    • Determining the best way to proceed once the outcome of your case is reached (renewing permanent resident card, becoming a Canadian citizen, sponsoring additional family members, etc.)

    Contact us for a consultation to assist you with your application. Our number is 1-866-760-2623.

    How to Organize a Sponsorship Application

    Sponsorship applications gigantic so it is important that you organize your application in a way that IRCC will understand. For this example of how to organize a sponsorship application, we’re going to take the most common example: sponsoring a foreign spouse.

    You will want to include as much information as possible in as organized a way as possible. Some people breakup their application into separate folders within the same envelope or box. It’s up to you how seriously you take that part, but you will need to show the officer how to proceed through the stack of paper you’ve provided.

    • Cover letter
    • Table of Contents
    • Sponsor’s Application Forms and supporting documentation
    • Sponsored Spouse’s Application Forms and supporting documentation
    • Proofs of Your Relationship

    Cover Letter

    In the cover letter, explain that you are applying for either inland or outland sponsorship, and give the vital details (names, dates of birth, citizenships, locations, etc.) of both the sponsor and the spouse or partner to be sponsored. You should also indicate what your relationship status is (married, engaged, common-law, conjugal).

    Table of Contents

    You can include your table of contents in your cover letter or attach it as a separate piece of paper, as long as it’s prominent. You have two choices here:

    1. Make a general table of contents that outlines all three sets of documents you will be providing and then create individual tables of contents for the other parts OR
    2. Itemize every single form and document you’ve included in your package in this table of contents.

    Which you choose is up to you — there is no right way — but the table of contents should match how you’ve organized your package. If it doesn’t, then there was no point in creating a table of contents in the first place. Make sure to include page numbers!

    Make sure to include the document checklist (either the IMM 5491 for outland applications or the IMM 5443 if it’s an inland application).

    Let’s assume this is an «outland» application, i.e. the spouse or partner is still overseas.

    Sponsor’s Application Forms and Documents

    If you choose to have individual tables of contents for each section, you should make the sponsor’s table of contents the very first page.

    1. Table of Contents (see above)
    2. IMM 1344 Application to Sponsor, Sponsorship Agreement and Undertaking, fully completed
    3. IMM 5481 Sponsorship Evaluation, fully completed
    4. IMM 5540 Sponsor Questionnaire, fully completed


    Sponsored Spouse’s Application Forms and Documents

    If you choose to have individual tables of contents for each section, you should make the sponsored spouse’s table of contents the very first page.

    1. Table of Contents (see above)
    2. IMM 0008 Generic Application Form for Canada, fully completed with the validation page at the front
    3. IMM 000DEP Additional Dependants/Declaration, fully completed
    4. IMM 5669 Schedule A — Background Declaration X number of adults being sponsored (for example, if there are no adult children being sponsored, you would complete one form), fully completed
    5. IMM 5406 Additional Family Information Form X number of adults being sponsored, fully completed
    6. IMM 5490 Sponsored Spouse/Partner Questionnaire, fully completed
    7. Additional forms required for citizens/residents of the country that the sponsored spouse is from
    8. Any documentation specifically related to questions in the above forms
    9. Document checklist for your country.

    Proofs of Your Relationship

    If you have chosen to have individual tables of contents, you should make that the first page, or attach it to the pack of photos.

    1. Table of Contents (see above)
    2. Photos (in a package, for example), sorted by date and event
    3. Communication records, sorted by type of communication, then by date — include a cover sheet if you think it would help, explaining what each record is and why you have provided it (and why you haven’t provided something, if that’s the case)
    4. Anything else you think will prove your relationship (and you should both organize this appropriately and explain why you have included the information, either here or in your cover letter).

    Always err on the side of more rather than less evidence. If you are not sure whether or not to add something to your package, include it.

    Additional Tips

    • Do not staple anything. Paper-clip or otherwise clip forms and sections together and then clip those together with larger clips or put them in separate (named) folders or envelopes. You do not want to do anything to frustrate the officer.
    • Don’t bind your package either.
    • If you want, include tabs so that the officer can easily flip through your package.
    • If you are not sending the original of something, explain why.
    • Photocopy everything you submit — you need a record of what you’ve submitted to the government.

    Common Mistakes on a Sponsorship Application

    Common Interview Questions

    During a spousal sponsorship application, the sponsored spouse is often asked to attend an interview a the local visa office. (The sponsoring spouse is usually not required to attend an interview, though this may be different for inland applications.) Here is a list of potential interview questions the principal applicant (sponsored spouse) might be asked at an interview for a sponsorship application. Some of the questions would only be asked for outland applicants, others for inland applicants only, others are applicable to both situations:

    Communications between the two of you

    • When and where did you meet your spouse for the first time?
    • Who initiated contact?
    • How often did you contact each other before your first meeting in person? How did you communicate? Where is your proof?
    • How often did you talk on the phone?
    • Do you have phone bills, e-mails, cards, etc., and can I see them?

    Visiting Canada (if applicable)

    • Where (which airport) did you first Land in Canada? What date?
    • How many times have you been to Canada? How long did you stay each time?
    • Have you ever stayed in Canada without status (i.e. after your visa has expired)?
    • Why did you overstay?
    • What did you do to rectify the situation?
    • When did you leave Canada the last time? / When did you leave Canada when you didn’t have status? How long did you leave?

    • Have you been admitted back into Canada with legal status since?
    • Have you been issued any kind of document that authorizes you to live in Canada since you were without status? If yes what type and when is the expiry date?
    • Has your spouse been to visit you in your home country? When?
    • How many times has your spouse been to visit you?
    • Where did your spouse land when they visited you? (Which Airport?)
    • Did your spouse ever go to your home country prior to your relationship?
    • Did you go to Canada prior to your relationship with your spouse?

    Relationship Questions

    • What is your husband’s/wife’s/partner’s name?
    • What do you call him/her?
    • How old is your spouse/partner? What is your spouse’s birth date?
    • What colour are his/her eyes and hair?
    • Does your spouse colour his/her hair?
    • Does your spouse wear glasses or contact lenses?
    • Does your spouse have any distinguishing features (birth marks, scars, disfigurements of the body)?
    • Where was your spouse born? Which country and city?
    • Does your spouse have any allergies?
    • What is your religion?
    • What is the religion of your spouse?
    • When you and your spouse were dating what would you do together?
    • Do you have any hobbies? Describe them.
    • Does your spouse have any hobbies? Describe them.
    • What type of music do you enjoy?
    • What type of music does your spouse enjoy?
    • What kind of movies do you enjoy?
    • What kind of movies does your spouse enjoy?
    • What kind of books do you read?
    • What kind of books does your spouse read?
    • Have you and your spouse ever exchanged gifts? Describe them.
    • Please explain the type of relationship you have had since your first meeting.
    • What makes your relationship with your spouse different from that of a female/male friend?
    • Does your spouse support you financially?
    • If I refuse this application what will you do?

    Education

    • Where did your spouse go to school? (Elementary and high school)
    • How many years of school did your spouse Complete?
    • What degrees or formal training does your spouse have?
    • In terms of education, would you say that you and your spouse’s educational background are compatible?

    Employment

    • Where did you work in your home country before coming to Canada?
    • What is the name of the company? What position did you hold? How long did you work there?
    • What did the job entail?
    • Did you like your job?
    • What was the salary?
    • What do you intend to do when you come to Canada?
    • What degrees or formal training do you have?
    • What degrees or formal training does your spouse have?
    • Where does your spouse work? What’s the name of the company? How does he/she travel to work?
    • How long has your spouse worked there?
    • What does the job entail?
    • does your spouse like his or her job?
    • What is the salary?

    Living Situation

    • Where does your spouse live?
    • Whom does your spouse live with?
    • Does anyone else live in your household other than your spouse and children?
    • At what addresses have you lived at with your spouse?
    • Did you own any Property with your spouse?
    • What type of accommodation do you live in? House, condo or apartment?
    • Is it rental or do you own it? If rented, how long is your lease? Are you both on the lease?
    • How much is the rent?
    • Who makes sure the bills are paid? How much do you pay for Cable/phone/hydro etc.?

    Marriage (if applicable)

    • When and where did the marriage proposal take place?
    • Was your marriage arranged?
    • When did you get married?
    • Where did you get married?
    • Who was at the wedding?
    • How many people were at the ceremony?
    • What day was the ceremony held on?
    • Who performed the ceremony?
    • Do you have pictures of the ceremony?
    • Who was at the ceremony from your side?
    • Who was at the ceremony from your spouse’s side?
    • Were any friends present?
    • Were your parents at the wedding? If not, why not?
    • Where your spouse’s parents at the wedding? If not, why not?
    • Were your spouse’s parents aware of the wedding? If not, why not?
    • Was a reception held? When and where was it held?
    • Who was present at the reception?
    • Did you receive any wedding gifts? Describe them.
    • Did you on a honeymoon? Where did you go and for how long?
    • Can you show me pictures and receipts from the honeymoon, wedding and reception?
    • Have you or your spouse been married before?
    • Why was that relationship ended?
    • Who initiated the divorce?
    • What were the reasons for the divorce?
    • What was the date the marriage was dissolved?
    • Why did you marry your spouse?
    • Since your marriage have you seen your spouse? If not, why not?
    • Tell me why this marriage or relationship is genuine.
    • Why were you so rushed to be married? How do you explain that?

    Family members

    • Do you have any children form a previous relationship? If so what is their relationship like with your spouse?
    • What are their names and date of birth?
    • Who has Custody of these children?
    • Do you have visitation rights/spend time with them at your home or there’s?
    • How often do you see your children?
    • Does your current spouse have any children from a previous relationship? If yes
      • What are their names and date of birth?
      • Who has Custody of these children?
      • Does your spouse have visitation rights/spend time with them?
      • How often does your spouse see their children?
    • Do you have any children from your current marriage?
    • How many children?
    • What are the names and birth dates?
    • Where are the children now?
    • Who looks after the children?
    • How many brothers and sisters does your spouse have?
    • What relatives does your spouse have in Canada?
    • What relatives do you have in Canada?
    • What are their names and where do they live?
    • What relatives does your spouse have outside of Canada?
    • What relatives do you have outside of Canada?
    • Has your spouse met any of your relatives or friends? Who have they met and when did they meet them?
    • Have you met any of your spouse’s relatives or friends? Whom have you met and when did you meet them?

    Miscellaneous

    • Did you get married to get to Canada?
    • Did your spouse pay you to go to Canada?
    • Did anyone pay you to go to Canada?
    • Did you pay your spouse to sponsor you?
    • If yes, How much?

    Get Your Spouse Here Sooner/Keep Your Spouse in Canada

    If you are doing an outland sponsorship application and you want to get your spouse here sooner, you can have them apply for a visitor visa, and provide them an invitation letter. In IMMIgroup’s experience, these applications are rarely approved, but you can still try.

    If you are sponsoring inland and your spouse wants to work or study, they can apply for a work permit or study permit. Read more.

    Learn About Sponsorship

    (Note: this video is slightly out of date. Refer to the article above if you are confused about anything.)

    Ask about our success rate

    Two Major Changes to Sponsorship Regulations as of May 2020

    Two major regulations brought in by the previous federal government to prevent immigration fraud have just been repealed as of May 3, 2020. This repeal has a big affect on future spousal/partner sponsorship applications.

    End of Conditional Permanent Residence

    From 2012 until May 3, 2020, sponsored spouses or partners who received their permanent residence only received it conditionally, on the condition that both spouses or partners live together for two years. The only exceptions to this rule were if you had a long enough relationship, or you had a child together. For those who have received conditional permanent residence, only after 2 years, does the permanent residence becomes unconditional.

    The current government believes that this regulation did not actually prevent marriage fraud. They also claim that it put sponsored spouses/partners in a bad position, if they were abused. The abused partner or spouse could not leave the home for fear of losing status in Canada.

    Now that the change is approved and the regulation repealed, sponsored spouses/partners become permanent residents unconditionally upon approval of the sponsorship application.

    Dependent Child Age Raised Back to 21

    Until August 2014, children of the sponsored spouse or partner who were 21 or younger were considered dependants and eligible to be sponsored as well. As of August 2014, that age was lowered to 18. The regulation change also returns this age back to 21, to allow children between 18 and 21 to be sponsored along with their parent, instead of them having to stay behind in their home country, which is currently the case.

    The current government believes that these adult children can help look after the younger children and allow the sponsored spouse/partner to work more easily once they have arrived in Canada.

    If your sponsorship application is currently in process and you submitted the application to IRCC on or before July 31, 2014, you can now include dependent children who were between the ages of 19 and 21 on the day you submitted your application in your application.

    What Does This Mean?

    Sponsored spouses are now granted permanent residence immediately upon approval. So if your application is approved after the regulation change (expected spring 2020), you will not have to go through 2 years of conditional permanent residence.

    It also means that children between 18 and 21 are now able to accompany their parent, which was not possible for the last two years.

    How to Sponsor a Spouse or Partner in Canada

    Find out if you meet the requirements to sponsor your spouse or partner to live with you permanently in Canada.

    Outside of North America: +1-647-792-3035

    How to Sponsor a Spouse or Partner in Canada

    Find out if you meet the requirements to sponsor your spouse or partner to live with you permanently in Canada.

    Who Can Be a Sponsor?

    In order to sponsor a spouse, common-law partner, or conjugal partner to Canada, you must be a citizen, permanent resident, or a registered Indian under the Canadian Indian Act. You must be 18 years of age or older, and meet any further requirements, such as financial stability, to prove you have the capacity to act as a sponsor. If you do meet these requirements, you may be eligible to sponsor a spouse, common-law partner, or conjugal partner who must also be qualified. The Canadian citizen or permanent resident applying to become a sponsor is the first step to the sponsorship process. Next, the spouse, conjugal partner, or common law partner will apply for permanent residence.

    What are the Requirements for a Spouse or Partner Being Sponsored?

    The spouse or partner applying for permanent residence must be at least 18 years old, and both the sponsor and the beneficiary must prove their relationship is genuine. Immigration officials have been faced with spousal sponsorship cases in which the individual is just applying for permanent residence and not to be with their partner. In such cases, the individual may be denied. Therefore, it is important to only enter under this class if the intent is sincere. A common-law partner applying under this class must live with their sponsor in Canada for a minimum of 1 year. This is not necessarily the case for a spouse. In cases where the sponsor and applicant are married but live apart overseas, the sponsor will sponsor the applicant so they can live together in Canada. This does not apply for conjugal partners.

    Same-Sex Partners

    The sponsorship rules for same-sex spouses or partners in Canada are the same as those for opposite-sex spouses or partners. If you were married inside Canada, you must have a legal marriage certificate from the province or territory in which you got married. If you were married outside of Canada, you will also be required to provide a marriage certificate to prove that your marriage is considered legal in the place you got married, as well as in Canada.

    Common-Law Partners

    To be considered a common-law partner, one should have lived together with another person in a conjugal relationship for at least one year. This applies to both opposite- and same-sex relationships. In a sponsorship case, you will typically have to provide proof of this union, which can be done in the form of financial records, property, utility bills, joint accounts or other means.

    Conjugal Partners

    A conjugal partner is an individual outside of Canada who has been in a binding relationship with a Canadian sponsor for at least one year, but could not live with their partner. This also applies to both opposite- and same-sex relationships. To sponsor a conjugal partner, you must prove you could not live together due to extenuating circumstances.

    Spousal Sponsorship Inland and Outland

    To qualify for the Inland sponsorship category, the foreign spouse or partner must have temporary resident status in Canada, which can be as a worker, student, or visitor. Applicants may be eligible for an open work permit, which ensures they can work for a Canadian employer while the application is processed. This may help prevent any issues that can arise if an existing visa expires before the sponsorship process is completed. The Outland sponsorship category applies to a situation where the foreign partner is living outside of Canada. While the sponsored individual may still be able to travel in and out of Canada during the application process, their application will be processed through the visa office in their country of origin or permanent residence.

    Getting started is easy. All you need to do is fill out our free eligibility online assessment form here and then one of our immigration professionals will get back to you with your results within one business day.

    Getting started is easy. All you need to do is fill out our free eligibility online assessment form here and then one of our immigration professionals will get back to you with your results within one business day.

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