Family Sponsorship – Who is it for?
If you require a Canadian Spouse Visa or Canadian Common Law Partner Visa, Immigration to Canada through family sponsorship is available for eligible relatives of Canadian citizens or permanent residents.
The sponsored applicant must be related to the sponsor in one of the following ways:
Spouse, common-law partner, or conjugal partner
Parent or grandparent
A brother, sister, nephew, niece, or grandchild who is orphaned, unmarried, and under 18 years of age
Intended adopted child under 18 years of age
One other relative provided the sponsor has no relative matching the above list, and no relatives who are Canadian citizens or permanent residents
There are currently three different relationship categories that exist for spousal sponsorship: marriage, common-law, and conjugal. Depending on the kind of relationship, you may have different requirements in order to have your application accepted for a Canadian Spouse Visa or Canadian Common Law Partner Visa.
You can sponsor a person as your spouse if that person is legally married to you. A marriage between two persons of the same sex will also be recognized for immigration purposes, if the marriage was legally performed in Canada, or was performed outside of Canada in a country where marriage between two persons of the opposite sex is legally recognized.
You can sponsor a person as your common-law partner if that person is of the opposite or same-sex as
you and that other person have cohabited in a conjugal relationship for a period of at least one year, and
your relationship with that person is continuing.
You can sponsor a person as a conjugal partner if
that person is of the opposite or same sex, that person is residing outside Canada (that is, has, for legal purposes, a fixed, permanent and principal home outside Canada), and you have maintained a conjugal relationship with that person for at least one year, that is you have been in a committed and mutually interdependent relationship of some permanence where you have combined your affairs to the extent possible.
You can become a sponsor if you are:
- at least 18 years old
- a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
- if you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident
- you can’t sponsor someone if you are a permanent resident living outside Canada
- able to prove that you are not receiving social assistance for reasons other than a disability
- have enough income to provide for basic needs of any grandchildren (dependent children of a dependent child) of the principal applicant
- If you live in Quebec, you must also meet Quebec’s conditions to be a sponsor.
To be eligible for permanent residence, the principal applicant and any dependents must not be criminally or medically inadmissible to Canada
Who cannot become a sponsor
- you have failed to pay:
- an immigration loan
- a performance bond
- family support payments
- have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
- are under a removal order
- are in a penitentiary, jail, reformatory or prison
- receive social assistance for a reason other than a disability
- are still going through the process of bankruptcy (undischarged bankruptcy)
- were sponsored by a spouse or partner and you became a permanent resident less than five years ago
- sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident
- you have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet
- you were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences
Overseas Sponsorship v Inland Sponsorship
When sponsoring a spouse or common-law partner, the application is normally processed at a Canadian Visa Office in the country where the applicant normally resides.
Canadian citizens who currently reside in the UK can sponsor their family members and complete the immigration process without having to return to Canada! The Canadian government recently confirmed that they are very keen on keeping families together and family sponsorship applications will remain a priority.
We specialise in representing Canadian citizens based in the UK with their Family Sponsorship applications and regularly obtaining Canadian Spouse Visa or Canadian Common Law Partner Visa. View the many TESTIMONIALS from satisfied clients.
Will I need to attend an interview?
It is sometimes necessary for the Canadian government to request an interview before a visa can be issued. This occurs when there are concerns over the genuineness of the family relationship. In most cases, a well-prepared visa application is usually enough to eliminate the need for an interview.
How long does the whole process take?
You will be pleased to know that family class sponsorship applications are treated as a priority by the Canadian government. In our long experience of representing this category of application and based upon the volume of our client historical data, a well-prepared spouse/partner application considered by the Canadian High Commission in London is usually processed within 6 months. Although this can vary slightly due to the number of applications and seasonal fluctuations. However, we are pleased to report that a recent client application was finalised in just three short months from the date of submission to the issue of landing papers!
The current published processing time for applicants applying outside Canada and based in the UK is 12 months. CLICK HERE FOR MORE INFO
If your application for sponsorship is refused, you can appeal the case to the Immigration Adjudication Division (IAD) within 30 days of the refusal.
Not all spouse visa refusals are eligible for sponsorship appeal. Only spouses or partners who submitted outland sponsorship under the Family Class to IRCC can appeal.
This means that couples who made in Canada sponsorship under the Spouse or Common-Law Partner in Canada class can not make a sponsorship appeal. They can still resubmit the application or apply for judicial review to the Federal Court of Canada.
IAD appeals are lengthy, costly and by no means guaranteed. If your case was refused, you should contact a lawyer or authorised legal representative immediately in order to ensure your appeal is filed on time.
As sponsor, you must sign a three-year Sponsorship Agreement that obligates you to provide full financial support to your partner for three years beginning on the date that permanent residence is granted. This obligation remains valid even if you divorce or separate from your partner.
As a sponsor, you must show that you have enough financial resources to provide financial support for both yourself and your partner. If your partner has dependent children, you must also have enough income to provide for their basic needs.
The Canadian government prioritises the processing of sponsorship applications. In order to achieve a timely favourable decision, all of the requirements must be met. Any minor error within your application forms or missing a crucial document can lead to a refusal. In order to process a Family sponsorship application, individuals should enlist the help of an authorised legal representative who is experienced in providing an applicant with the best chance to be sponsored whilst minimising delays as a result of submitting a poorly prepared application.
At Pahl & Associates, we have assisted hundreds of clients to achieve Canadian permanent residence via Family Sponsorship program. We specialise in such cases and the fact that we are based in the UK places us in a unique position of being able to assist Canadian citizens residing in the UK and are seeking to sponsor their partners and family members. The option to meet at our office in London for a face to face meeting is reassuring and convenient for our clients. We strongly recommend that you view testimonials and the first-hand experience from our past clients which highlight our professionalism and level of service. TESTIMONIALS
We are currently offering a free phone consulation for Canadian Family Class applications.
Once retained our fees are fixed and payable in 3 instalments at key stages of the process.
Government fees for sponsoring spouse will total around $1,125. The breakdown is :
- $75 – sponsorship fee
- $475 – principal applicant processing fee
- $490 – the right of permanent residence fee
- $85 – biometric fee