Spousal Sponsorship Canada
In this article, we will discuss spousal sponsorship and its requirements at Polina Immigration Company. There are many ambiguities and questions regarding this topic, and various forums and discussions address these concerns. Therefore, we will provide a comprehensive explanation of all the conditions for spousal sponsorship.
The first and most important question related to sponsorship of a spouse is whether the spouse of a Canadian citizen or permanent resident can obtain Canadian residency. In general, the answer to this question is affirmative, but there are certain conditions attached to it, which we will discuss below.
The process of obtaining residency for the spouse of a Canadian citizen or permanent resident is called spousal sponsorship, which is administered by the Canadian immigration authorities. One of the key figures in this process is the Canadian citizen or permanent resident who is willing to sponsor their spouse for permanent residency. This person is referred to as the sponsor in the spousal sponsorship process.
The second figure in the spousal sponsorship process is the individual who applies for residency through spousal sponsorship by virtue of their marriage to the sponsor (Principal Applicant). The final aspect of this process involves the dependent children, whether they are shared or non-shared children of the couple, who are referred to as dependents.
In order to proceed with the spousal sponsorship process, both parties must meet certain criteria, which will be explained in detail below. It is important to note that there are two general situations considered for this process. The first situation involves the principal applicant being inside Canada (e.g., working or studying in Canada or visiting as a tourist), while the second situation occurs when the principal applicant is outside Canada. For each of these situations, specific conditions and documents are required by the Canadian immigration authorities.
The sponsor in the spousal sponsorship process must be a Canadian citizen, a permanent resident (holding a PR card), or a Canadian citizen by birth. If the sponsor is a permanent resident, they must be physically present in Canada during the sponsorship process; otherwise, their application will be refused. However, a Canadian citizen does not have this restriction, but they must demonstrate their intention to continue living together in Canada after the sponsorship process.
Another requirement for the sponsor is that they must be at least 18 years old and should not have received any government assistance. On the other hand, the sponsor must be able to provide for the basic needs of the individuals they are sponsoring.
Now that we have discussed the general conditions for the sponsor, it is worth mentioning situations in which the sponsor is not eligible to initiate the process of obtaining residency through spousal sponsorship. If the sponsor has already obtained permanent residency through spousal sponsorship and less than five years have passed since that process, they cannot sponsor another spouse. Similarly, if the sponsor has a pending criminal case, is in detention or imprisonment, or has a criminal record, they cannot be a sponsor. Other reasons include having outstanding debts from an immigration loan or government debt that has not been settled, bankruptcy of the sponsor, illegal presence in Canada, and other factors determined by the Canadian immigration authorities.
On the applicant’s side, the general conditions start with being over 18 years old. The marriage with the sponsor must be legally registered, and the entry into Canada must have been lawful without any prohibitions. The applicant should not have any specific medical conditions or criminal history.
Lastly, the third aspect of this triangle in the process of applying for residency through spousal sponsorship, the dependents, must meet the following general conditions. First, they must be under 22 years old unless they continue to be financially dependent on their parents for specific reasons. Additionally, these dependents must be unmarried.
According to the promise of the Canadian immigration authorities, they aim to process applications for residency through spousal sponsorship in the shortest possible time. Currently, in 2020, this process takes an average of close to one year.
In terms of costs, the spousal sponsorship process itself costs CAD 75, the processing fee for the principal applicant is CAD 475, the fee for permanent residency application is CAD 500, the processing fee for each dependent is CAD 150, and the biometric fee is CAD 85. These costs should be supplemented with the expenses for medical examinations.