Spousal Sponsorship
Are you a Canadian citizen or a Permanent Resident?
Is your spouse, common-law or conjugal partner, or dependent child a non-citizen?
At Bellissimo Immigration Law Group PC we can assist you in sponsorship your family member!
If you would like to sponsor your spouse or child, we can help. Canadian citizens and permanent residents can sponsor their spouse (including common-law or conjugal partner), or dependent child to immigrate to Canada as a permanent resident. Both the sponsor and the sponsored person must meet certain requirements to qualify.
Who can sponsor for PR in Canada?
Only Canadian citizens or permanent residents can sponsor their spouse or dependent child/ren. Temporary residents, including individuals with applications for permanent residence in process, are not eligible to sponsor their family members. Individuals who received permanent residence as a result of having been sponsored by their spouse or partner are only eligible to sponsor if they became a permanent resident more than 5 years ago. In situations when marriages fail and individuals divorce (following spousal sponsorship), sponsors wishing to sponsor another spouse must wait 3 years from the date when the previous spouse became a permanent resident.
Requirements for sponsors
Sponsors have several specific requirements that must be met. These include:
- Sponsors must be 18 years of age or older, cannot be subject of a removal order, or be in prison, and cannot be in receipt of social assistance (excluding disability).
- Sponsors must also have no outstanding sponsorship undertakings, immigration or court order debts, or undischarged bankruptcies.
- Individuals who were convicted of certain crimes, like attempting, threatening to commit or committing a violent offence, or any offence against a family member, or of any sexual offence (either inside or outside of Canada) may not be eligible to act as a sponsor.
- Canadian citizens can sponsor while residing outside of Canada, while permanent residents must reside in Canada.
Undertaking and Sponsorship Agreement
As part of the sponsorship application, sponsors must include a signed undertaking and a sponsorship agreement. The undertaking commits the sponsor to providing financial support for the basic needs of the individual being sponsored for a period of time. This period varies depending on the age of the individual sponsored, their relationship to the sponsor and their place of settlement in Canada.
For instance, sponsorship undertaking for a spouse is 3 years, for a child could be up to 10 years. Sponsors are also committing to repay any provincial social assistance received by the sponsored family member during the period of the undertaking. The undertaking is binding, regardless of a change in the sponsor’s situation or in their relationship with the applicant.
Generally, income requirements are not imposed on individuals who seek to sponsor their spouse, partner or dependent child. However, sponsors must be able to financially support the sponsored persons or make suitable arrangements for their support. Sponsors must only demonstrate that they meet certain income requirements if: 1) they are sponsoring a dependent child who has 1 or more dependent children; or 2) they are sponsoring a spouse or partner with a dependent child who has 1 or more dependent children. Sponsors who fall within one of these categories must submit a Financial Evaluation form with the sponsorship application.
Please note that sponsors residing in Quebec are subject to different immigration sponsorship requirements. These sponsors are first assessed (and must be approved) by Immigration, Refugees and Citizenship Canada and then by the province of Quebec. An undertaking is also specifically signed with the province of Quebec.
Who can apply as a sponsored person?
Spouses and partners who apply for permanent residence as a member of the family class must be at least 18 years of age and must not be inadmissible to Canada. Additionally, there are three requirements:
- Spouses must be legally married to the sponsor
- Common-law partners must have been living with the sponsor for at least 12 consecutive months in a marriage-like relationship
- Conjugal partners must have been in a relationship with the sponsor for at least 1 year and must be unable to either live with or marry their sponsor because of significant legal and immigration reasons (i.e. where same sex relationships are illegal, conjugal partners would be unable to marry or live together).
In the case of a dependent child, a son or daughter is considered ‘dependent’ if they are under the age of 22 and do not have a spouse or common law partner. Children over the age of 22 may still qualify as dependents, if they are financially dependent on a parent due to a physical or mental condition and they have depended on their parent for financial support since before the age of 22. The children must be related to the sponsor by blood or adopted.
All applicants and their dependents must go through medical, criminal screening, including the dependents who are not immigrating to Canada
How to apply for spousal sponsorship in Canada
There are two options for persons hoping to apply for permanent residence as a member of the family class:
- The first option is to submit an “In-Canada” spousal sponsorship.
- The second option is to submit an “overseas” spousal sponsorship. Both applications have different requirements, processing times and associated rights and limitations. It is therefore recommended that you obtain some legal advice to determine which application is right for you.
Documentation requirements
The documentation requirements for sponsoring a spouse, common-law partner, conjugal partner or dependent child also all differ. It is therefore important to make sure that all documentation submitted meets the requirements of your specific case.
Looking to sponsor your spouse, common-law or conjugal partner to Canada? We can help!
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I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
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I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
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Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
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It has been a pleasure working with Bellissimo Law Group. During the challenging times of COVID, I was searching for a trusted lawyer to handle my case but had difficulty finding the right support. That changed when I reached out to Bellissimo Law Group.
From the very beginning, they understood my case and provided expert guidance. My first application involved LMIA, work permits, and extensions, all of which they handled with professionalism and efficiency. With their support, I was able to navigate multiple legal processes successfully, ultimately obtaining my permanent residency in Canada.
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