Hi, How Can We Help You?
  • Head Office: 5-2155 Dunwin Dr Mississauga ON L5L 4M1 Canada Canada
  • Email Address: hello@saabimmigration.ca

Spousal, Common-Law Partner, and Dependent Child Sponsorship

Spousal, Partner, and Dependent Child Sponsorship

Reuniting with your spouse, common-law partner, or dependent child through sponsorship enables Canadian citizens and permanent residents to bring their loved ones to Canada as permanent residents. This pathway offers a meaningful opportunity to build a life together, provided all eligibility requirements are met, ensuring the sponsorship process is smooth and successful.

Key Information

Work Permit
  • Application Options: You can apply either from within Canada (Inland Sponsorship) or from outside Canada (Outland Sponsorship). Each pathway has specific benefits and processing times.
  • Eligibility: Available for legally married spouses, common-law partners, conjugal partners, and dependent children. Common-law partners must prove at least 12 months of continuous cohabitation.
  • Processing Times: While the processing times vary, applications generally take 12 months.

Eligibility Requirements

  • Sponsor’s Responsibilities: As the sponsor, you must be at least 18 years old, a Canadian citizen or permanent resident, and reside in Canada.
  • Relationship Proof: You must prove the relationship is genuine, whether it’s through marriage, a common-law partnership, or a dependent relationship.
  • No Income Requirement: Unlike other sponsorship categories, there is no minimum income requirement for sponsoring a spouse, partner, or dependent child. However, financial stability can strengthen your application.
  • Dependent Child Definition: A child under 22 years old without a spouse or common-law partner, or over 22 if financially dependent due to a physical or mental condition.

1. Check Eligibility

Both sponsor and applicant must meet specific criteria, such as proof of relationship, financial capability, and Canadian residency. Use the IMM5533 checklist to ensure you meet all the updated requirements for this process.

2. Prepare Documents

Gather all necessary documents early. Police Clearance Certificates (PCCs) often take longer to process, so prioritize them.

Your documentation should include relationship proof, identity documents. (Financial support records may also be required depending on your case). Refer to IMM5533 for a comprehensive list of required documents and follow the guidelines carefully.

3. Fill Out Forms

Use the latest versions of the forms, including IMM0008, IMM1344, and especially IMM5532 (Relationship Evaluation). These forms must be filled out accurately and thoroughly. Make sure to double-check all details to avoid delays in processing.

4. Submit ONLINE Application

Applications for spousal, partner, or dependent child sponsorship must be submitted online through IRCC’s secure portal. After gathering your forms and supporting documents, upload everything online and pay the necessary fees. Ensure all documents are in the required format and that you review everything before submission. You will receive a file number once the application is reviewed for completeness, at which point you can proceed to biometrics.

Tip

If your application’s file number starts with “XF,” it indicates that the application has not yet passed the eligibility check and may be on hold pending requested documents. Ensure that you provide all required documents and follow up promptly. Once the eligibility check is passed, the “X” is removed, and the file enters full processing. This is a critical point in the process, so exercise due diligence and consult with us if you need guidance at this stage.

5. Biometrics & Processing Time

Once you have your file number, you’ll receive a Biometrics Instruction Letter. You’ll need to visit a Visa Application Centre (VAC) to provide biometrics, including fingerprints and photographs. You can track your application status online. If the applicant is already in Canada, they may be able to APPLY FOR A WORK PERMIT extension or a new work permit. Contact us for personalized advice, as each case is unique.

CAVEATS: Dependent Child Sponsorship

  • Sponsorship for Biological or Adopted Children: Both biological and legally adopted children qualify as dependent children.
  • Proof of Dependency: For children over 22, evidence of their physical or mental condition that makes them financially dependent is crucial.
  • Income: Sponsors are required to demonstrate they meet income requirements only when sponsoring a dependent child who themselves have one or more dependent children.

Common Pitfalls to Avoid

Incomplete Documentation

Ensure all required documents are submitted, as any missing information can delay or even lead to the refusal of the application.

Relationship Scrutiny

IRCC closely scrutinizes spousal and partner applications to prevent fraudulent marriages. Be prepared to provide detailed proof of your relationship.

Tips for Spousal and Partner Sponsorship

Proof of Ongoing Relationship

Provide evidence of communication, joint finances, or living arrangements to strengthen your case.

Incomplete Documentation

Ensure all required documents are submitted, as any missing information can delay or even lead to the refusal of the application.

Spousal, Partner, and Dependent Child Sponsorship FAQs

What is the processing time for spousal sponsorship applications?

Processing times vary depending on the type of application (inland or outland) and the complexity of the case. On average, it may take up to 12 months. Keep track of IRCC’s updates for current timelines.

Can I sponsor my spouse if I am living outside Canada?

Yes, Canadian citizens can sponsor their spouse, partner, or dependent child while living outside Canada, provided they demonstrate intent to return to Canada once the application is approved. Permanent residents, however, must reside in Canada during the sponsorship process.

Can I apply for a work permit while my sponsorship application is being processed?

If you are applying under the inland sponsorship stream, you can apply for an Open Work Permit simultaneously. This will allow you to work in Canada while your application is being processed.

What if my spousal sponsorship application is refused?

If your application is refused, you can appeal the decision through the Immigration Appeal Division (IAD) or seek a judicial review in Federal Court. We can help assess your case and advise on the best course of action.

Do I need to provide police clearance certificates (PCCs) for spousal sponsorship?

Yes, the principal applicant and their accompanying family members over the age of 18 must provide PCCs from every country they have lived in for six months or more since the age of 18.

Can I include my dependent children in my sponsorship application?

Yes, dependent children can be included in your sponsorship application. Ensure you meet the definition of a dependent child and provide all required supporting documents, including birth certificates and proof of custody (if applicable).

What financial requirements must I meet to sponsor my spouse or partner?

There is no minimum income requirement for spousal or partner sponsorship, but you must not be receiving social assistance other than for disability. You must also demonstrate the ability to financially support your spouse or partner.

Can I sponsor my spouse or partner if they are out of status in Canada?

Yes, under the Spouse or Common-Law Partner in Canada Class, you can sponsor your spouse or partner even if they are out of status, provided they meet the other eligibility criteria.

What is the difference between inland and outland sponsorship?

Inland sponsorship is for spouses or partners living in Canada, while outland sponsorship is for those living outside Canada. Inland applicants may apply for an Open Work Permit, while outland applications may offer faster processing depending on the visa office.

How can I prove my relationship is genuine?

Provide substantial evidence such as photos, joint financial accounts, lease agreements, text messages, call logs, and letters of support from friends and family. Pay close attention to the IMM5532 Relationship Evaluation Form to present a thorough case.

Can I sponsor my spouse if we are in a conjugal relationship?

Yes, you can sponsor your partner under the conjugal category if exceptional circumstances prevent you from living together (e.g., immigration barriers, cultural or legal restrictions).

What happens if my marriage certificate is not in English or French?

You must provide a certified translation of the marriage certificate along with a copy of the original document.

Can my spouse travel to Canada while the sponsorship application is being processed?

Yes, your spouse can apply for a Temporary Resident Visa to visit Canada. However, approval is not guaranteed, as they must demonstrate strong ties to their home country.

What is the cost of applying for spousal sponsorship?

The cost includes a sponsorship fee, a principal applicant fee, biometrics, and the Right of Permanent Residence Fee. Additional fee applies for dependent children.

Is an interview required for spousal sponsorship?

Not always. Interviews are generally required only if IRCC has concerns about the genuineness of the relationship or other aspects of the application.

What happens after I submit my application?

Once submitted, you will receive an acknowledgment of receipt (AOR) and a file number. IRCC will then review your application for completeness, request biometrics, and proceed with the eligibility and background checks.

Can I sponsor my spouse if I was sponsored as a spouse within the last 5 years?

No, you cannot sponsor another spouse or partner if you were sponsored as a spouse or partner within the past five years.

What documents should I provide to prove my relationship?

Common documents include:

  • Marriage certificate or proof of cohabitation
  • Photos of your wedding and other significant events
  • Joint financial statements or lease agreements
  • Communication records (e.g., messages, emails, call logs)

What happens if I miss a document in my application?

Missing documents may lead to application delays or rejection. Use the IMM5533 checklist and consult an expert to ensure completeness.

Get Expert Help with Your Spousal Sponsorship Application

The process can be complex and lengthy. For personalized guidance and assistance, consult SAAB Immigration Services Inc. We’ll help ensure your application is completed accurately and efficiently. Book an appointment with us today! Book an appointment with us today to ensure your application is handled with expertise and precision.

Visa Immigration Agent