There are two types of applications for Spouse and Common-Law Sponsorship
- Outland Spousal Sponsorship: your application will be processed through the visa office in the sponsored spouse’s country of citizenship or where they legally reside (if outside Canada). If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category. Applying under this category will make you eligible to Appeal a refusal. You will not have rights to appeal for an Inland Spousal Application.
- Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): your application will be processed in Canada and you and your sponsor MUST live together. The person being sponsored MUST have temporary status in Canada as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit.
You can sponsor the following persons and their dependent children (21 or younger) for Canadian Permanent Residence
- Spouse (husband, wife, partner- marriage must be legally recognized)
- Common-law Partner (person you are living with but not married to)
- Conjugal Partner (if your partner does not qualify under the Spouse or Common-Law category but you are in a committed relationship equal to that of a marriage for at least 1 year. There must be extenuating circumstances why you cannot live together- job location, studying abroad, inability to obtain visa to Canada are NOT good enough reasons)
Canada recognizes same-sex marriages and partners and are eligible to apply under these 3 categories.
To be eligible to be a Sponsor
- You must be a Canadian Citizen, or Permanent Resident (living in Canada)
- You must be 18 years of age or older
- You cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence
- You, yourself, cannot have been sponsored to Canada as a spouse within the last 5 years.
Your relationship must be genuine (real) and not entered into primarily for the purpose of acquiring Permanent Residence.
At Vosooghi Law, we can provide you with best legal advice, strategy, and representation with respect to your sponsorship application. Our team of dedicated lawyers are familiar with all aspects of sponsorship files and will help you obtain the best results.