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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What Our Clients Are Saying
Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husband’s rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they don’t come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. It’s been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husband’s permanent residency for which we will always be grateful to BLG for making it possible. Thank you.
I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.
My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.
Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.
With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.
Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.
Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.
One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.
Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.
If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.
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.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
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.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
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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