Family reunification is one of Canada’s prime objectives. Processing times for the sponsorship of spouses, common-law partners and conjugal partners is relatively fast, although these applications can be quite complex. Applicants in Canada or outside of Canada may apply to be sponsored by their Canadian spouses, common-law or conjugal partners.
A spousal sponsorship application is a two-step process. The first step of the process entails processing by the Case Processing Centre in Mississauga, where officers assess the sponsor’s eligibility. The application is then transferred to a Canadian visa office that is responsible for applications in the spouse, common law or conjugal partners’ country of citizenship or country of permanent residence, where officers assess the genuineness of the relationship and the admissibility of the applicant.
A Canadian Permanent Resident must reside inside of Canada in order to sponsor a spouse or partner. A Canadian Citizen may reside either inside or outside of Canada while sponsoring; however, the sponsor in this case must establish the intention to return to Canada upon the approval of the sponsorship.
The Spouse or Common-Law Partner in Canada Class was created by Citizenship and Immigration Canada to allow out of status spouses and common-law partners of Canadian citizens or permanent residents to apply for permanent residence from within Canada. Generally, out of status spouses and common-law partners are allowed to remain in Canada during the processing of their application. There are numerous exclusion clauses and specific steps must be taken to assess each case to ensure that applicants will qualify for a deferral of removal, if the case arises. Contact our law firm at 1-800-993-9971 for further information in this respect.
A conjugal partner is an individual who has entered into a marriage-like relationship with the sponsor. The relationship must be exclusive of all others and have lasted for at least 12 months. Conjugal partners are individuals who have not been able to live together, not due to life choices, but due to extenuating circumstances against their control. A conjugal partner may be sponsored by a Canadian permanent resident or Citizen.
While a sponsor must demonstrate that he/she is financially capable of sponsoring the relative, some exceptions apply. For example, when sponsoring a spouse or common law partner or a child, you may not need to meet the Low Income Cut-Off Mark (LICO) for sponsorship, although you may still be required to show that you can financially subsist in Canada.
The Minister of Citizenship, Immigration and Multiculturalism will require the sponsor to sign a three to ten year contract with its department to ensure that the sponsor will be responsible for all the essential needs of the sponsored relative without the assistance of social welfare resources.
For further information with respect to US and Canadian immigration or to find out if you or a company employee is eligible for temporary or permanent relocation to Canada or the US, we invite you to contact our experienced immigration lawyers and attorneys by contacting the Bomza Law Group at:
1-800-993-9971 or by clicking here: “Contact Us”.