Under Canada’s Immigration and Refugee Protection Act, family reunification is one of the most important elements. As a result, sponsorships by Canadian citizens of their foreign national spouses and dependents have priority over many other independent immigration applications. Spousal applications are some of the fastest applications processed by Citizenship and Immigration Canada.
Not only can married spouses sponsor each other for immigration to Canada, but common-law partners, same-sex partners and conjugal partners are now considered members of the family class.
A sponsor who is a Canadian citizen or permanent resident and at least 18 years old and residing in Canada can file an application to sponsor an individual with whom he or she is married, has a common-law relationship or conjugal partner relationship.
You may be eligible to sponsor a spouse or a common-law or conjugal partner or dependent children living outside of Canada if:
– The person you want to sponsor is a member of the family class. If he or she is not, you will not to be able to sponsor them.
– You are 18 years of age or older;
– You are a Canadian citizen or permanent resident;
– You reside in Canada. If you are a Canadian citizen not residing in Canada, you may sponsor your spouse, common-law or conjugal partner and/or dependent children who have no dependent children of their own.
– You sign an undertaking promising to provide for the basic requirements of the person being sponsored and, if applicable, their dependent children.
– You and the person being sponsored sign an agreement that confirms that each of you understands your mutual obligations and responsibilities.
Since March 2, 2012, if you entered Canada as a sponsored spouse or partner you are not eligible to sponsor a new spouse or partner for a period of 5 years from the date you landed in Canada.
Since October 25, 2012, if you applied to come to Canada as a sponsored spouse or partner, you may be subject to a 2-year conditional permanent resident status; there are some exceptions to this new condition. Find out more information about the conditional permanent residence from CIC.
You may need to provide financial support for the family members you are sponsoring depending on their age and relationship to you.
If you are sponsoring other family members, you will have to prove you have an income that is at least equal to the minimum necessary income. For more information, please contact the lawyer, Yuliya Dumanska at 647-724-3657.
Who is a Common-Law and Conjugal Partner?
You can sponsor a person as your common-law partner if:
That person is of the opposite or same sex; and
You and your partner have lived together in a conjugal relationship for a period of at least one year.
The conjugal category is intended for partners of Canadian sponsors who would ordinarily apply as:
Common-law partners but cannot meet the definition, that is were not able to live together continuously for one year with their sponsor; or
Spouses, but marriage to their sponsor is usually not an available option to them, usually because of marital status or sexual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another’s countries).
The term conjugal does not mean “sexual relations” alone. It signifies that there is a significant degree of attachment between the two partners.
Note: As of August 1, 2014, a dependent child must be under 19 years old (previously 22), according to Citizenship and Immigration Canada
For sponsorship purposes, a dependent child may be your own child or those of the person you are sponsoring. According to Citizenship and Immigration Canada, they must:
Be under the age of 19 and not a spouse or common-law partner; or
Have depended substantially on the financial support of a parent since before the age of 19 and unable to provide for themselves due to a medical condition.
You must pay a processing fee when you submit your application. This fee is non-refundable.
If this process is successful, an immigrant visa will be approved. You must pay a Right of Permanent Residence Fee for every person 19 years old or older for the visa to be issued. The sponsored person must come to Canada before the visa expires.