Spousal Sponsorship

 

Canada is still accepting and processing family sponsorship applications. COVID UPDATE

 

·       Family class immigration has been the least affected by the travel restrictions.

·       Immediate family members of citizens and permanent residents are still allowed to enter the country, spousal and common-law sponsorship applications are being processed as usual, with IRCC allowing some flexibility in submitting incomplete applications.

·       If you’re traveling by air, you need to follow all airline requirements and pass a health check conducted by airlines before you’re allowed to board your flight. Anyone who shows symptoms of COVID-19 will not be allowed to enter Canada by air.

·       When you arrive in Canada, they will assess your health before you leave the port of entry. You must have a plan to quarantine for 14 days when you arrive in Canada. This is mandatory, even if you have no symptoms. If you don’t have a plan, you should not travel to Canada.

·       Only people who provide essential services, for example, truck drivers who regularly cross the border to maintain the flow of goods, are exempt from the quarantine requirements.

     For more updates on the Coronavirus, visit our page on the impact the Coronavirus has had on Canadian immigration.

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Family Class Sponsorship

 

Your relatives can live, study and work in Canada if they become permanent residents of Canada. You can sponsor certain relatives to come to Canada if you’re at least 18 years old and a:

·       Canadian citizen or

·       person registered in Canada as an Indian under the Canadian Indian Act or

·       permanent resident of Canada

 

Sponsor your spouse, partner or child: about the process

 

About the process

 

If you’re eligible, you can sponsor your spouse, partner or dependent children to become permanent residents of Canada.

If you do, you must be able to:

·       support them financially

·       make sure they don’t need social assistance from the government

 

Who is eligible to sponsor their spouse, partner or child

 

You can sponsor your spouse, partner or dependent child if:

·       You’re at least 18 years old

·       You’re a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act

o   If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents.

o   You can’t sponsor someone if you’re a permanent resident living outside Canada.

·       You’re able to prove that you’re not receiving social assistance for reasons other than a disability

·       you can provide for the basic needs of any persons you want to sponsor

 

If you live outside Quebec

 

To become a sponsor, you must promise to financially take care of the persons you are sponsoring for a period of time. We call this promise an undertaking.

The undertaking commits you to:

·       providing financial support for your sponsored family members, starting when they become permanent residents

·       repaying any provincial social assistance your sponsored family members get during that time

 

Also, you and your sponsored family members need to agree to certain responsibilities during the undertaking period. We call this the sponsorship agreement.

The sponsorship agreement means that:

·       you’ll provide for the basic needs of your sponsored family members

·       the person you sponsor will make every effort to support themselves and their family members

When you apply, you’ll have to complete and sign a form that includes the undertaking and the sponsorship agreement.

 

Income requirement

 

In most cases, there isn’t an income requirement to sponsor your spouse or partner or dependent child. You only need to show that you have enough money to meet the income requirements if:

·       you’re sponsoring a dependent child that has 1 or more dependent children of their own, or

·       you’re sponsoring a spouse or partner that has a dependent child, and their dependent child has 1 or more children of their own.

The Financial Evaluation form instructions explain how much money you’ll need and how to fill out the form.

You’ll get the form when you download your application package.

 

If you live in Quebec

 

You must meet Quebec’s immigration sponsorship requirements after we approve you as a sponsor. You must sign an undertaking with the province of Quebec.

The Quebec ministry in charge of immigration will assess your income.

Who can’t sponsor their spouse, partner or child

 

You can’t sponsor your spouse, partner or child if:

·       you’re less than 18 years old

·       you won’t live in Canada when the persons you want to sponsor become permanent residents

·       you’re not a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act

·       you’re a temporary resident, that is you’re visiting, studying or working in Canada on a visa or permit

·       your permanent residence application is still in process

o   You must have permanent resident status at the time you submit your sponsorship application.

·       you don’t have enough money to support the persons you want to sponsor (if applicable)

 

You may not be eligible to sponsor your spouse, partner if you:

·       were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago

·       are still financially responsible for a previous spouse or partner that you sponsored. This means you’re still bound by the 3 year undertaking to take care of this person.

 

You may not be eligible to sponsor your spouse, partner or child if you:

·       you have already applied to sponsor the spouse, parent or child you are currently seeking to sponsor and a decision on that application hasn’t been made

·       are in jail, prison, or a penitentiary

·       didn’t pay back:

o   an immigration loan

o   a performance bond

o   court-ordered family support payments such as alimony or child support (not applicable if you live in Quebec)

·       didn’t give the financial support you agreed to when you signed a sponsorship agreement to sponsor someone else in the past (not applicable if you live in Quebec)

·       declared bankruptcy and are not discharged (not applicable if you live in Quebec)

·       receive social assistance for a reason other than a disability

·       you were convicted of attempting, threatening to commit or committing a violent criminal offence, any offence against a relative or any sexual offence inside or outside Canada

·       can’t legally stay in Canada and must leave the country because you received a Removal Order

 

There may be other reasons that make you ineligible to sponsor your spouse, partner or child. If we determine you’re not eligible to sponsor, we’ll tell you why.

Who you can sponsor

 

You can sponsor your spousecommon-law partnerconjugal partner or dependent children.

Your spouse

Your spouse can be either sex and must be:

·       legally married to you

·       at least 18 years old

Your common-law partner

Your common-law partner:

·       isn’t legally married to you

·       can be either sex

·       is at least 18 years old

·       has been living with you for at least 12 consecutive months, meaning you’ve been living together continuously for 1 year in a conjugal relationship, without any long periods apart

o   Any time spent away from each other should have been

§  short

§  temporary

If you or your common-law partner choose to end the relationship, we consider the relationship to be over.

You’ll need to give proof of your common-law relationship.

Your conjugal partner

Your conjugal partner:

·       isn’t legally married to you or in a common-law relationship with you

·       can be either sex

·       is at least 18 years old

·       has been in a relationship with you for at least 1 year

·       lives outside Canada

·       can't live with you in their country of residence or marry you because of significant legal and immigration reasons such as

o   their marital status (for example, they’re still married to someone else in a country where divorce isn’t possible)

o   their sexual orientation (for example, you are in a same-sex relationship, and same-sex relationships are not accepted, or same-sex marriage is illegal where they live),

o   persecution (for example, your relationship is between different religious groups which is not accepted and they may be punished legally or socially)

You’ll need to give proof that you could not live together or get married in your conjugal partner’s country (for example, proof of refused long-term stays in each other’s country).

Dependent children

Children qualify as dependants if they meet both of these requirements:

·       they’re under 22 years old

·       they don’t have a spouse or common law partner

Children 22 years old or older qualify as dependants if they meet both of these requirements:

·       they are unable to financially support themselves because of a mental or physical condition

·       they have depended on their parents for financial support since before the age of 22

With the exception of age, your dependent child must continue to meet these requirements until we finish processing your application.

Use our online tool to check if a child qualifies as a dependant.

If they qualify as a dependent child, you can sponsor

·       your own child

o   If you’re a Canadian citizen, your child may also be a Canadian citizen, even if they weren’t born in Canada. You can’t sponsor your child for permanent residence if they’re Canadian citizens already. Check if your child is already a Canadian citizen.

o   If you’re sponsoring just your child, without sponsoring your spouse or partner, you’ll name your child as the principal applicant in the application. You’ll have to show that the other parent or legal guardian agrees to your child immigrating to Canada. See your checklist for what you’ll need to provide.

o   If the child you want to sponsor has a child of their own (your grandchild), you’ll include your grandchild as a dependant in the application.

o   If you want to sponsor your adopted child or an orphaned family member, follow the instructions to sponsor your adopted child or orphaned family member instead.

·       your spouse or partner and their child

o   If you’re sponsoring your spouse or partner and a child (either their own child or a child you’ve had together), you’ll name your spouse or partner as the principal applicant and the child as the dependant in the application.

o   If the child you want to sponsor has a child of their own, you’ll include the grandchild as a dependant in the application.

 

Eligibility of the people you’re sponsoring

To show they meet the eligibility requirements, your spouse, partner, dependent child and their dependent children (if applicable) must provide:

·       all required forms and documents with their application

·       any additional information we request during processing, including

o   medical exams

o   biometrics

You can’t sponsor someone who is inadmissible to Canada. This means they’re not allowed to come to Canada

 

How to apply

 

To apply to sponsor your spouse, partner or child, there are 2 applications:

1.    You must apply to become a sponsor.

2.    Your spouse, partner or child must apply for permanent residence.

Send both the sponsorship and the permanent residence applications together at the same time.

If you want to sponsor your adopted child or an orphaned family member, follow the instructions to sponsor your adopted child instead.

If you live in Quebec, find out the steps to take to sponsor your spouse, partner or child in Quebec.

There are 4 steps to sponsor your spouse, partner or child:

1.     Get the application package

The application package includes the:

·       document checklist for you and the persons you want to sponsor

·       forms you and the persons you want to sponsor need to fill out

·       instruction guide to help you and your family members fill out the forms correctly

Read the guide carefully before you complete the application form. The sponsorship application fee for processing your application can’t be refunded.

Make sure:

·       you’re eligible to sponsor before you apply

·       you list all your family members

·       all the information on your application is true

·       your application is complete

Helping your spouse, partner or child with their application?

There are certain steps you need to complete if you want to:

·       prepare your family members’ application for them (this would mean that you’d be acting as their representative)

·       check on their application status

You have to request permission and provide the right forms with your application.

Find out how to act as a representative or access your family members’ information.

2. Pay your application fees

In most cases, your fees will include:

·       processing fees for you, the persons you’re sponsoring and their dependants

·       the right of permanent residence fee

·       the biometrics fee

You have to pay your fees online (opens in a new tab).

Biometrics fee

In most cases, you must pay a biometrics (fingerprints and photo) fee when you submit your application. Otherwise you may experience delays. The biometrics fee covers the cost of collecting fingerprints and a digital photo.

Third-party fees

Depending on your situation, you may need to pay third parties for:

·       your medical exam

·       police certificate

The instruction guide can help you understand which fees apply to you.

3. Submit your application

The mailing instructions are in the application guide.

You may use a courier service to submit your application, if you want to. Courier services will help you track your application. You can also use regular mail.

Find out how long it will take to process your application.

We’ll return your application to you if:

·       it’s incomplete

·       fees are missing

4. Send us additional information during processing

During processing, we’ll ask the person you’re sponsoring to submit their:

·       biometrics

o   When the biometrics fee is paid, we’ll send your family members a letter asking them to give their biometrics.

o   Your family members must show this letter when they give their biometrics.

o   They have 30 days to give their biometrics in person at their closest collection point.

 

COVID-19: Changes to biometrics requirements and collection procedures

Temporary measures have been put into place for biometrics requirements and collection procedures.

Find out what to do for your biometrics

·       medical exams

·       police certificates

o   You need to include police certificates when you apply.

o   You need them for the person being sponsored and each family member 18 or older (who isn’t already a Canadian citizen or permanent resident).

o   Police certificates are generally valid for 1 year from the date they’re issued.

§  Depending on processing times, we may ask you for new certificates.

We’ll send instructions and let your family members how much time they have to send us this information.

You must tell us of any change in circumstances, such as:

·       birth or adoption of children

·       marriage or divorce or separation

·       death of an applicant or a dependant

 

If you are approved, prepare your arrival. Welcome to Canada