Vijay.Archived

New member
Jan 7, 2020
272
5
0
Sponsor your spouse, partner and dependent children for Canada PR



Eligibility to sponsor your spouse, partner or child:


  • 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 can’t sponsor someone if you’re a permanent resident living outside Canada.

[*]You’re able to prove that you’re not receiving social assistance for reasons other than a disability

[*]you can provide for the basic needs of any persons you want to sponsor




Who can’t sponsor their spouse, partner or child


You can’t sponsor your spouse, partner or child if:

  • you’re less than 18 years old
  • you won’t live in Canada when the persons you want to sponsor become permanent residents
  • you’re not a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
  • you’re a temporary resident, that is you’re visiting, studying or working in Canada on a visa or permit
  • your permanent residence application is still in process
  • You must have permanent resident status at the time you submit your sponsorship application.
  • you don’t have enough money to support the persons you want to sponsor (if applicable)

You may not be eligible to sponsor your spouse, partner if you:

  • were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago
  • are still financially responsible for a previous spouse or partner that you sponsored. This means you’re still bound by the 3 year undertaking to take care of this person.

You may not be eligible to sponsor your spouse, partner or child if you:

  • you have already applied to sponsor the spouse, parent or child you are currently seeking to sponsor and a decision on that application hasn’t been made
  • are in jail, prison, or a penitentiary
  • didn’t pay back:


    an immigration loan
  • a performance bond
  • court-ordered family support payments such as alimony or child support (not applicable if you live in Quebec)

[*]didn’t give the financial support you agreed to when you signed a sponsorship agreement to sponsor someone else in the past (not applicable if you live in Quebec)

[*]declared bankruptcy and are not discharged (not applicable if you live in Quebec)

[*]receive social assistance for a reason other than a disability

[*]you were convicted of attempting, threatening to commit or committing a violent criminal offence, any offence against a relative or any sexual offence inside or outside Canada

[*]can’t legally stay in Canada and must leave the country because you received a Removal Order



There may be other reasons that make you ineligible to sponsor your spouse, partner or child.

Full list can be found at official Canada.ca governenment website: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#eligibility


Who you can sponsor


For all the application class below, you will be required to prove the genuinety of the relationship. 

  • Your spouse - can be either sex and must be:


    legally married to you
  • at least 18 years old

[*]Your common-law partner - can be either sex and:


  • not legally married to you
  • at least 18 years old
  • has been living with you for at least 12 consecutive months, meaning you’ve been living together continuously for 1 year in a conjugal relationship, without any long periods apart
  • Any time spent away from each other should have been short or temporary

[*]Your conjugal partner - can be either sex and:


  • not legally married to you or in a common-law relationship with you
  • is at least 18 years old
  • has been in a relationship with you for at least 1 year
  • lives outside Canada
  • can't live with you in their country of residence or marry you because of significant legal and immigration reasons such as


    their marital status (for example, they’re still married to someone else in a country where divorce isn’t possible)
  • their sexual orientation (for example, you are in a same-sex relationship, and same-sex relationships are not accepted, or same-sex marriage is illegal where they live),
  • persecution (for example, your relationship is between different religious groups which is not accepted and they may be punished legally or socially)

[*]You’ll need to give proof that you could not live together or get married in your conjugal partner’s country (for example, proof of refused long-term stays in each other’s country).



[*]Dependent children:

[*]Children qualify as dependants if they meet both of these requirements:


  • they’re under 22 years old
  • they don’t have a spouse or common law partner

[*]Children 22 years old or older qualify as dependants if they meet both of these requirements:


  • they are unable to financially support themselves because of a mental or physical condition
  • they have depended on their parents for financial support since before the age of 22



  • You can sponsor your own child
  • You can sponsor your spouse or partner and their child

Details can be found at official Canada.ca website: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/who-you-can-sponsor.html
 


Avoiding potential problems


  • Most commonly reported issue is genuinity of relationship. To avoid this problem, please ensure that you have well documented proof of your relationship including photos, emails, chats, letters etc. and include them as part of your application to present a strong case and dispel any doubts in the mind of the visa officer
  • The second most common issue is the eligibility of the sponsor. Make sure you are 100% eligible to sponsor. Review the details above or on the Canada.ca website and seek help of a lawyer if needed.