SPOUSAL APPLICATION

If you are a Canadian citizen or a permanent resident of Canada and in a relationship with a non Canadian citizen or non Canadian permanent resident, you may be able to sponsor your partner for permanent residence in Canada.

Who may you sponsor?

• If you are married you may sponsor your spouse whether he/she is outside Canada or if he/she is in Canada with you; or
• You may sponsor your common law partner providing that your partner has cohabited with you for at least 1 year and your relationship is exclusive. Again, this can be done from either inside or outside Canada.
• If you are in a relationship with an individual and, due to circumstances beyond your control you are not able to demonstrate a period of 1 year cohabitation, you may be able to sponsor your partner outside Canada. These cases are very complex and guidelines are not easily understood.

Canada also recognizes same sex relationships.
Applications for spouses and partners as members of a family class are generally processed very quickly outside Canada. Average processing time is between 6 to 8 months and some overseas offices process this type of application in as little as 4 months. Applications processed in Canada can take between 16 to 24 months.

If for any reason an application for a spouse is refused by a visa office outside Canada, the sponsor has a right of appeal to the Immigration Appeal Division (IAD) or the Immigration Refugee Board (IRB). If an application is refused in Canada, there is no right to appeal to IAD or IRB. However, appeals can be presented to the Federal Court of Canada.

In order to be successful, an immigration officer has to be satisfied that the relationship is genuine and is not entered into primarily for the purposes of immigration to Canada. Because cases of this type can be complex and detailed, preparation of sponsorship applications and partner applications for permanent residence in Canada, must be prepared with care.

If you are contemplating sponsoring a partner, we can assist most couples through a smooth and stress free application process. Careful planning, preparation and presentation of these applications are critical for success and the avoidance of disappointment in being united with your partner.

For more information, contact us.