SPOUSAL SPONSORSHIP

What is the Spousal Sponsorship Program?

The Spousal Sponsorship Program in Canada is a component of Canada’s immigration system, enabling Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency in Canada. The program aims to facilitate family reunification by allowing Canadian citizens or permanent residents to bring their loved ones to live with them in Canada.

First it is important to understand the distinctions between spouse, common-law, and conjugal partner relationships.

• Spouse: The sponsored person is legally married to the sponsor.
• Common-law Partner: The sponsored person and the sponsor have been living together in a conjugal relationship for at least one year continuously.
• Conjugal Partner: The sponsored person and the sponsor have been in a genuine and continuing relationship for at least one year but have been unable to live together or marry due to extenuating circumstances.

All of them have distinct eligibility criteria and documentation requirements for immigration purposes. To delve deeper into the intricacies of these relationship types and gain comprehensive insights into how to apply depending on your relationship type, we invite you to read the full blog article, available here: 

Family Class (Outland) Vs. In Canada Sponsorship Class

The Spousal Sponsorship program comprises two main classes:

Family Class (Outland) Sponsorship Class

You should apply under the Family Class (Outland) sponsorship option if:

• Your spouse/common-law partner (i.e. “the principal applicant”) lives outside of Canada
• You are currently living in Canada with the sponsor but do not plan to stay in Canada for the duration of the application process

A downside to using this stream is that, until your application has been approved, living with your spouse may be difficult. However, your spouse can apply for a temporary visa to come to Canada while their outland sponsorship application is being processed.

In-Canada Sponsorship Class

You should apply under the Spouse or Common-Law Partner in Canada Class (Inland) if:

• You live with the sponsor in Canada
• You hold a valid immigration status in Canada
• You would like to apply for an open work permit in order to work in Canada while the application is in process

If your spouse or common-law partner is out of status in Canada, they may be able to submit under this stream as well while being protected under a public policy that allows them to stay in Canada until the application has been fully processed. The disadvantage to this particular stream, however, is that the applicant should refrain from travel outside of Canada while the application is in process.

DEPENDENT CHILD SPONSORSHIP

Definition of a Dependent Child

To be eligible for sponsorship, children must meet the definition of a dependent child. Whether they are the biological or adopted child of a Canadian citizen or permanent resident, a child is considered to be a dependent if they are not married or in a common-law relationship and are under the age of 22. A child over the age of 22 will be considered a dependent if they suffer from a physical or mental condition that prevents them from being able to support themselves.

Dependent Child Sponsorship Requirements

As with all family sponsorship streams, both the sponsor and the sponsored person must meet eligibility requirements in order for the child to be granted permanent residence. Parents wishing to sponsor their child must:

• Be a Canadian citizen or permanent resident living in Canada
• Be at least 18 years of age
• Not be in prison, charged with a serious offense, or bankrupt

Parents will also be required to provide proof of the relationship with the child, be it through birth or adoption certificate. For parents in the end stages of an adoption process, they may sponsor the adopted child before the adoption has been finalized. In addition to meeting the definition of a dependent child, the sponsored person must either be the biological child of the sponsor or the sponsor’s spouse, or the adopted child of the sponsor or the sponsor’s spouse.

PARENT & GRANDPARENT SPONSORSHIP

Eligibility

An eligible sponsor is a Canadian citizen or permanent resident who meets certain criteria. These criteria may include:

• Age and Residency:
  1. The sponsor must be at least 18 years old.
  2. If the sponsor is a permanent resident, they must reside in Canada.
• Financial Eligibility:
  1. The sponsor must meet the minimum necessary income requirement to demonstrate their ability to financially support their parents or grandparents.
  2. Income requirements are set by the Canadian government and are updated annually.
• Agreement to Support:
  1. Sponsors must sign a sponsorship agreement with the Canadian government, committing to providing financial support to their parents or grandparents for a specific period.
  2. The sponsorship agreement also includes a commitment to repay any social assistance benefits received by the sponsored family members during the sponsorship period.

“LONELY CANADIAN”

This title is to identify a situation where a Canadian or permanent resident is:

• all alone in Canada (does not have a spouse, common-law partner, conjugal partner, child, parent, sibling, grandparent, uncle, aunt, niece or nephew who is a Canadian citizen, registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident of Canada)

AND

• does not have anyone they could potentially sponsor, such as a spouse, child, or parent.

If someone is alone and has no one else they could sponsor, they can sponsor one relative, regardless of age, and that relative’s dependants. Note: the sponsor must have sufficient income for the past year for the size of the group (counting the sponsor themselves, the relative to be sponsored, the relative’s spouse, and children under 22—everyone in the group).

It is rare to meet someone who satisfies these conditions. However, we meet many people who interpret this category too broadly and apply even though they are not eligible—they are always refused. When they receive the refusal letter, they come to us perplexed, and we explain why this application should have never been submitted.

SASKATCHEWAN ENTREPRENEUR AND FARM

Saskatchewan Entrepreneur and Farm is a collection of immigration streams of the Saskatchewan Immigrant Nominee Program (SINP), a Provincial Nominee Program (PNP) operated by the province of Saskatchewan. Saskatchewan Entrepreneur and Farm encompasses two immigration streams which target foreign nationals seeking to invest significant amounts of capital in the establishment of new business development in Saskatchewan.

Saskatchewan Entrepreneur and Farm includes the following streams:

• Saskatchewan Entrepreneur
• Saskatchewan Farm Owners and Operators

Applicants who are successful through either of these Saskatchewan streams will receive an official provincial nomination from Saskatchewan. This provincial nomination makes applicants eligible to apply for Canadian permanent resident status.

Entrepreneur

Saskatchewan Entrepreneur is a stream of Saskatchewan Entrepreneur and Farm immigration which targets experienced business owners and business managers who have significant personal net worth and the ability and desire to establish a new business practice in Saskatchewan. Applicants through this stream will be required to invest significant funds and successfully manage the operation of a new business project in Saskatchewan.

Farm Owners and Operators

Saskatchewan Farm Owners and Operators is a stream of Saskatchewan Entrepreneur and Farm immigration. This stream targets foreign nationals with demonstrated experience owning and/or operating a farm and who have significant net worth and the ability and desire to invest in the establishment of a new farm in Saskatchewan. Applicants through this stream will be required to invest significant funds and successfully manage the operation of a new farm in Saskatchewan.