How to Check Your Spousal Sponsorship Eligibility for Canada?

Sponsoring a spouse or partner for permanent residence in Canada is an excellent way to reconnect with loved ones. If you are a Canadian citizen or permanent resident, you can sponsor your loved one for permanent residence. However, understanding the eligibility requirements and the application process can be challenging.

The blog explores the eligibility criteria for sponsorship and an overview of the sponsoring process.

Who can Sponsor?

Understanding the eligibility for sponsorship is the initial step in bringing your spouse or partner. You must meet the following criteria to become eligible for sponsoring your dear ones:

1. You must be 18 years
2. A Canadian citizen/ resident or a registered Indian
3. Living in Canada
4. Living outside Canada, you must show intent to return to Canada when your sponsored partner becomes a permanent resident.
5. Permanent residents cannot sponsor someone while living outside Canada.
6. You must provide for the basic needs of those you sponsor, not receive social assistance (except for disability), and sign a financial support undertaking for at least three years after your permanent residency.

Quebec Spousal Sponsorship

Quebec Residents who wish to sponsor their spouse or partner for immigration must adhere to specific requirements. After being approved as a sponsor by Immigration, Refugees and Citizenship Canada (IRCC), they must meet Quebec’s immigration sponsorship criteria.

This includes signing an undertaking with the province and having the Quebec Ministry of Immigration assess their income. Sponsors must understand these additional steps if they wish to bring their loved ones to Quebec.

Who is not eligible to bring your spouse/partner to Canada?

Now that you have understood the eligibility requirements, it’s essential to ensure you do not fall into any situations that would make you ineligible to sponsor your spouse or partner.

You are not eligible to sponsor your spouse, common-law, or conjugal partner in Canada if:

• You gained PR status less than five years ago after being sponsored by a spouse or partner.
• You have signed an undertaking for a previous spouse or partner who has not been a permanent resident for more than three years.
• You are still financially responsible for a previous spouse or partner, bound by the three-year undertaking.
• You are in default on an immigration loan, performance bond, or court-ordered family support payments.
• You failed to provide the financial support you agreed to when sponsoring someone in the past (this does not apply to Quebec residents).
• You are declared bankrupt and have not yet been discharged (not applicable to Quebec residents).
• You receive social assistance for any reason other than a disability.
• You were convicted of, or threatened or attempted to commit, a violent crime, sexual offence, or an offence causing bodily harm to a relative.
• You are in a penitentiary, jail, reformatory, or prison.
• You have applied to sponsor your current spouse and haven’t received a decision.
• You can’t legally stay in Canada due to being subject to a removal order.

What makes you Eligible to Sponsor a spouse or partner in Canada?

Canadian permanent residents and citizens have the opportunity to sponsor their spouse or partner for permanent residency.
To qualify, the sponsored person must be at least 18 years. Their relationship with the sponsor must meet specific criteria, including legal marriage or a committed partnership.

Various Types of Relationships Eligible for Sponsorship

When sponsoring a partner for Canadian permanent residency, it is essential to understand the different relationship types recognized by immigration authorities. Each category has distinct criteria that must be met for the relationship to be recognized by IRCC.

1. A Spouse is a person legally married to the sponsor. The individuals must be legally married to each other, with the marriage recognized in both the country where it took place and in Canada. Both spouses must have been physically present at the marriage ceremony.
2. A Common-law partner is an individual who has lived with the sponsor in a conjugal relationship continuously for at least one year. They should demonstrate a significant commitment by sharing a home, supporting each other financially and emotionally, and presenting themselves publicly as a couple. Having children together can further validate their common-law relationship.
3. A conjugal partner must be in a conjugal relationship with the sponsor for at least one year while living outside Canada. They must also show significant attachment, mutual interdependence, and obstacles that prevent them from marrying or living together. Examples of such obstacles include immigration barriers, religious restrictions, or cultural limitations related to sexual orientation.

In most cases, the sponsored partner must be admissible to Canada. If the spouse or common-law partner lives in Canada, they need valid temporary resident status (like a work permit or visitor status) or must qualify for an exemption.

Who must be Admissible to Canada for Sponsorship?

• The sponsored individual must generally be admissible to Canada.
• If the spouse or common-law partner resides in Canada, they need valid temporary resident status (work permit, study permit, or visitor status).
• They may also be exempt from needing temporary resident status under a public policy in 2005.
• The sponsored partner must have valid documents by the time they receive permanent residency.
• Under A25 (1) of the Immigration and Refugees Protection Act, spouses or common-law partners without valid temporary resident status can be sponsored.

Even if the partner is inadmissible due to:

• Overstaying a visa, visitor record, work permit, or study permit.
• Working or studying in Canada without legal status.
• Entering Canada without the required visa or documentation.
• Entering Canada without a valid travel document.

What are the benefits enjoyed by Permanent Residents in Canada?

Permanent residents in Canada enjoy a range of rights and privileges that allow them to live and thrive in the country.

Some of them include:

• They can access most social benefits available to Canadian citizens, including healthcare and education.
• They can live, work, and study anywhere in Canada without restrictions.
• They are protected by Canadian law and the Canadian Charter of Rights and Freedoms to uphold their rights.
• They can apply for Canadian citizenship after meeting specific residency requirements.

However, permanent residents cannot cast their votes in federal or provincial elections. They may be ineligible for specific jobs that require high-level security clearance.

By fulfilling residency obligations and adhering to Canadian laws, permanent residents can maintain their status and enjoy these privileges while contributing to Canadian society.

How Do Permanent Residents Become Canadian Citizens?

Permanent residents must meet several requirements to become Canadian citizens. You may find below some of the essential criteria:

• You must have lived in Canada for at least three of the last five years.
• You must prove your language skills by taking an approved language test.
• You must file their tax returns for the applicable years.
• You must pass a test on the rights and responsibilities of citizens and have knowledge of Canada’s culture and history.
• Take the Oath of Citizenship to finalize their status as Canadian citizens.
• By meeting these requirements, permanent residents can successfully transition to Canadian citizenship.

Read to Know: Enhance Your Chances of Success in Immigration: Hire an Immigration Lawyer

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