Spouses Common Law Conjugal Partner Sponsorship
Who is Eligible to be Sponsored?
There are three types of relationships that fall under the jurisdiction of spousal sponsorship, namely:
- Your spouse
- Your common-law partner
- Your conjugal partner
Who can be a Sponsor and the Eligibility?
- You should be a Canadian citizen or 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(s) become(s) a permanent resident
- You can’t sponsor someone if you are a permanent resident living outside Canada
- Both the sponsor and the partner must be at least 18 years old at the time of application (but not necessarily at the time of the marriage, if local law permits minors to marry)
- partner must fall within the appropriate family category: spouse, common-law partner or conjugal partner
- sponsor must be willing to file a sponsorship application on behalf of the partner
- able to prove that you are not receiving social assistance for reasons other than a disability
- You have to prove that you have the financial means to provide for a spouse and any dependent children
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.
Ineligible to be a Sponsor if:
- You were sponsored and became a permanent resident less than five years ago.
- You have already sponsored a spouse less than three years ago.
- You are in a default status in regards to a previous spousal sponsorship, an immigration loan, a performance bond, or payments for family support.
- You are currently in a bankruptcy proceeding.
- You are a recipient of social assistance for anything other than a disability.
- You have been convicted of a violent or sexual offense, an act that caused bodily harm to a relative or threatening any of these offenses.
- You are in jail, prison, or a reformatory.
- You are subject to a removal order.
- You have already applied for a spousal sponsorship that hasn’t been decided upon yet.
Understanding Inland and Outland Sponsorship
If the person to be sponsored lives outside Canada, the application for permanent residence should be filed at the visa office in the country of origin, or where the applicant resided legally for at least one year. This is referred to as Outland sponsorship.
Inland sponsorship may be filed when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. Under Inland sponsorship, the sponsored person may also be eligible for an open work permit, allowing the applicant to live in Canada while the application is being assessed.
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