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The spousal sponsorship program is part of the Family class immigration. Under this program, a Canadian Citizen or Permanent resident may sponsor a spouse or common-law partner for Canadian Permanent residency. The Canadian government allows citizens and permanent residents of Canada to sponsor members of the family class, but it requires that arriving immigrants receive care and support from their sponsors. The sponsor will be financially responsible for the sponsored person.
In Order to receive a visa through this immigration program both parties sponsor and sponsored must be able to prove their relationship and should be under one of the three categories;
Means that Sponsor and sponsored person are legally married and have legal document to support their claim
Common-law relationship both parties should live together continuously for at least 1 year excluding brief absence of business or family reasons
A conjugal partner is a foreign nation residing outside Canada who is in a conjugal relationship with a sponsor for at least 1 year but could not live with the sponsor as a couple.
NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under any of the above three categories, provided they meet all eligibility requirements.
Requirement for Sponsor | Requirement for Sponsored person |
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Requirements of Spouse or Common Law Partnership
This sponsorship program allows a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status, regardless of where the spouse is currently residing.
There are two parts to the spousal sponsorship application
There are two different programs – the Inland Sponsorship and the Outland Sponsorship
Outland Sponsorship Program
The outland sponsorship route is generally chosen when the sponsored person is living outside Canada. However, it is possible for a spouse or common-law partner living in Canada to apply through the outland program. This option may permit the sponsored person to travel in and out of Canada throughout the application process but it is always at discretion of Canadian immigration authorities to decide whether the sponsored person may re-enter Canada or not.
The outland application is processed through the visa office that serves the applicant’s country of Origin or where they have resided legally for at least one year. In the case of spousal and common-law partner sponsorships, IRCC committed to issuing visas as quickly as possible in order to rapidly reunite families. This is especially true for outland application as they are already together.
Inland Sponsorship Program
Inland sponsorship category, the foreign spouse/common-law partner must have legally entered into Canada. If the sponsored person already has a work or study permit, he or she may continue to work or study as long as the permit is valid.
Inland application can take longer as compared to the outland application; however a person being sponsored through the inland program may be eligible to get an open work permit while his or her application is being processed. If there is a need for an interview then IRCC will notify in writing of the date, time and location of the interview and which documents are required.
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