Love knows no borders and to shorten the distance between you and your significant other there is a specific procedure for sponsoring your spouse to come Canada.
Who can you sponsor?
- Spouse, a legal marriage partner valid under the Canadian law and if performed outside of Canada, valid under the laws of the jurisdiction where it took place. Includes both opposite- and same-sex relationships.
- Common-law partner, a person, regardless of the sex, with whom you have been cohabiting in a conjugal relationship for at least one year. The term refers to opposite-sex and same-sex relationships
- Conjugal partner, a person with whom you have been in a genuine relationship, for at least one year, where a significant degree of attachment exists, implying a physical and mutually interdependent relationship, that due to verifiable barriers, such as sexual orientation, religious faith, etc., marriage or cohabitation has not been possible.
- Canadian citizen, Registered Indian or permanent resident
- At least 18 years of age
- Live in Canada or, if living outside, provide evidence that you will live in Canada once the person you are sponsoring becomes a permanent resident.
- Sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities,
- Sign an undertaking promising to provide for your spouse or common-law partner’s basic requirements and, if applicable, those of his or her dependent children,
- Prove that you have sufficient income to provide basic requirements for your spouse or common-law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.
- At least 18 years of age
- Live in or outside Canada. If in Canada, they do not need to have legal status.
- Sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities
- Agree to have medical, criminal and background checks.
- May have to get a police certificate in their home country.
When agreeing to be a sponsor, a contract called an undertaking with the Minister of Citizenship and Immigration must signed.
The undertaking is an unconditional promise to provide financial support for your spouse or common-law partner’s basic requirements and those of his or her dependent children; requirements such as food, clothing, utilities, personal requirements, shelter, fuel, household supplies, and health care not provided by public health. The undertaking ensures the sponsored people do not have to apply for social assistance.
The length of undertaking is three years after your spouse or your common-law, conjugal partner or their over 19 dependent children become a permanent resident; if the dependent children are under the age of 19 the length will be of 10 years or until the children turn 22 years old, whichever happens first. The obligations as a sponsor begin as soon as the sponsored people arrive in Canada.
Conditional Permanent Residence
Spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident.
1. Gather the documents listed in the IMM 5491 checklist; translations and certified copies may be required.
2. Carefully and honestly fill out the following applications:
- Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)
- Document Checklist (IMM 5491)
- Sponsorship Evaluation (IMM 5481)
- Sponsor Questionnaire: (IMM 5540)
- Statutory Declaration of Common-law Union (IMM 5409), if applicable
- Use of a Representative (IMM 5476), if applicable
- Receipt (IMM 5401)
3. Pay the fees, they must be paid in CAN
Go here for fees on dependent children
4. Submit the application.
The application will go through a thorough process comprised of three phases:
- Completeness check
- Eligibility review
- Selection and Admissibility
The processing times may vary, you can find out more about them here