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Spouse or Common Law Partner Sponsorship

SIIS Canada  /  Canada Immigration  /  Family Sponsorship  /  Spouse or Common Law Partner Sponsorship

Spouse or Common Law Partner Sponsorship

Who you can sponsor?

Applying under the Spousal Sponsorship Canada, you become eligible to sponsor your spouse, or a common-law partner, or a conjugal partner who is more than or equal to 18 years of age, or your dependent child, (If you want to sponsor an adopted child, you can use the sponsorship package specially designed for adopted children).

You can apply for Spousal Sponsorship Canada if:

  • You and your spouse or Common-Law partner stay together in Canada
  • Your spouse or Common-Law partner holds a valid Canadian immigration status
  • Your spouse or Common-Law partner would like to apply and qualify for an Open Work Permit which will allow them to work while their application is under process.

Applying for your spouse or common-law partner or conjugal partner Sponsorship

If you’re married

You are allowed to sponsor your spouse only if your marriage is considered legally valid in the eyes of the Law of your home country as well as the migrating country.

Opposite-gender, as well as same-gender marriages, will only be considered genuine for immigration purposes only in the following scenarios where

  • The marriage was performed legally in Canada, or
  • Though the marriage is performed outside of Canada, the marriage needs to be recognized legally in the home country as well as in Canada.

You are only allowed to sponsor your common-law partner (same or the opposite gender) as long as you both have lived or have been living together for a minimum of 1-year duration in a marriage-like relationship.

If you’re in a conjugal relationship

A Conjugal partner is
  • A partner living outside Canada,
  • A person having a conjugal relationship with the sponsor for a minimum period of 1-year, and
  • The one who couldn’t live as a couple with the sponsor because of some religious reasons, the immigration barrier, or sexual orientation).

This applies to both gender couples.

You are allowed to Sponsor a Conjugal partner only if
  • You and your partner share a significant degree of attachment, not only a physical relationship but also you both are mutually interdependent on each other, and
  • You both share a genuine relationship from the past 1-Year where the marriage or any sort of cohabitation wasn’t possible due to barriers such as religious faith, sexual orientation, etc.

IMPORTANT: If you’re willing to apply under the conjugal partner class, the sponsored person must not be living in Canada.

Sponsoring your Spouse or Common-law partner staying in Canada

You are also allowed to apply under the Spouse Immigration Canada if your Common-Law Partner or Spouse stays with you in Canada and holds a temporary residential status.

If your Common-Law Partner or Spouse is held inadmissible for any of the reasons apart from not having a legal Canadian immigration status, he/she can’t become a Canadian Permanent Resident. Your Common-Law partner or Spouse should resolve the situation which made them inadmissible before applying for the sponsorship.

Important: If your Common-Law partner or Spouse is already studying or working in Canada and they wish to continue, they are required to apply for the visa extension before it expires.

If you leave Canada, your temporary resident status as a student, or visitor or worker will get cancelled automatically.

If your Common-Law Partner or Spouse leaves Canada before getting permanent residential status, won’t be allowed to return to Canada.

If your partner or spouse isn’t able to return to Canada, an application for new overseas sponsorship must be submitted by you.

SIIS

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