Spousal Sponsorship from Within Canada

Spousal Sponsorship from Within Canada

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Understanding Inland vs. Outland Sponsorship

Inland Sponsorship

This process applies to foreign nationals already in Canada on a valid temporary resident status (work permit, study permit, or visitor visa) who wish to sponsor their spouse or common-law partner.

What is Inland Sponsorship? In-land spousal sponsorship is for Canadian citizens or permanent residents who want to sponsor a spouse or partner already residing in Canada, allowing them to apply for permanent residency without leaving the country.

Outland Sponsorship

This process is for foreign nationals outside Canada who wish to be sponsored by their spouse or common-law partner in Canada. Canadian immigration pathway for citizens or permanent residents to sponsor their spouse, common-law partner, or conjugal partner who is living outside Canada.

Inland Spousal Sponsorship Process

Here's a breakdown of the inland spousal sponsorship process:

1. Eligibility

Ensure both the sponsor and applicant meet eligibility requirements. The sponsor must be a Canadian citizen or permanent resident, and the sponsored spouse must have legal temporary status in Canada as a visitor, worker, or student.

2. Document Preparation

Gather necessary documents, such as proof of relationship, identity, and financial capacity. Documents include marriage or cohabitation proof, photos, bank statements, letters of support from family, and evidence of shared responsibilities.

3. Application Submission

Submit your completed application online through the Immigration and Refugee Protection Program (IRCC) portal.

4. Biometrics

Both you and your partner may be required to provide biometrics (fingerprints and photo).

5. Processing and Decision

IRCC will assess your application and make a decision. Processing times may vary.

Who can sponsor a spouse in Canada?

  • You’re at least 18 years old,
  • You’re a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian act,
  • If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents.
  • You’re able to prove that you’re not receiving social assistance for reasons other than a disability, and;
  • you can provide for the basic needs of any persons you want to sponsor

Who CANNOT Sponsor a spouse in Canada?

  • You’re a permanent resident living outside Canada.
  • You sponsored a previous spouse or partner, and it hasn’t been three years since they became a permanent resident.
  • You sponsored someone before but did not repay any social assistance they received.
  • You’re in default on an immigration loan or performance bond.
  • You haven’t paid court-ordered alimony or child support.
  • You have an undischarged bankruptcy.
  • You were convicted of:
    • Sexual offences,
    • Violent crimes,
    • Offences causing bodily harm to a relative, or
    • Threatened or attempted any of the above offences, depending on the offence’s nature, timing, and if you received a pardon.
  • You were previously sponsored as a spouse, common-law, or conjugal partner and became a permanent resident less than five years ago.
  • You’re under a removal order.
  • You’re in prison, jail, reformatory, or any penitentiary.
  • You have already applied to sponsor your current spouse or partner and have not received a decision yet.

Key Considerations for Inland Spousal Sponsorship

Proof of Relationship

When applying for spousal sponsorship in Canada, proving the authenticity of your relationship is essential. This proof ensures that relationships are genuine and not solely for immigration purposes.

How do I show proof of relationship for spousal relationship?

You can prove your relationship with the following evidence:

  1. Marriage Certificate
  2. Lease Agreement for at least one year
  3. Joint Bank Accounts
  4. Shared Bills and Assets
  5. Photos Together and with family from events, holidays, and other gatherings
  6. Travel Documentation for Joint trips, flight itineraries, and hotel bookings
  7. Consistent communication via message history and social media
  8. Gifts or Packages you’ve sent items to each other
  9. Support Letters from family, friends, or colleagues

Financial Capacity

Demonstrate that you can financially support your spouse or partner and any dependent children. This typically involves providing proof of income, such as Notice of Assessment (NOA) or employment letters.

How much income do I need to sponsor my spouse?

There is generally no minimum income requirement, except in certain cases where the sponsor has dependents or is sponsoring a spouse with dependents. Sponsors must, however, show they can financially support their spouse and won’t rely on social assistance. Additionally, sponsors must agree to provide financial support to the sponsored spouse for three years after they become a permanent resident.

Medical Exam: Your spouse or partner may need to undergo a medical exam to ensure they meet health requirements.

Criminal Background Check: Both you and your partner may need to provide police clearance certificates to demonstrate good character.

How long does it take to get spousal sponsorship?

By carefully following these steps, referencing the official IRCC guide for eligibility details, and seeking professional guidance when needed, you can increase your chances of a successful inland spousal sponsorship.

Remember: Immigration laws and regulations are subject to change. It's advisable to consult with an immigration professional or visit the IRCC website for the most current information.