The eligibility for Spousal Sponsorship indicates that anyone with Canadian citizenship and permanent residence and legally married to a foreign national or having a relationship with them could enable them for the following:
- Being able to sponsor that individual to accompany you in Canada.
- Become a Permanent Residence in Canada.
However, before this, they must fulfill all essential eligibility requirements.
Eligibility for Spousal Sponsorship
Additionally, to be able to sponsor a partner or spouse, they must fulfill the following criteria:
- The qualifying age is 18 years.
- Holding Permanent Residence while already residing in Canada or being a Canadian citizen.
- No previous record of imprisonment, bankruptcy, subject to any removal order (in case of PR), or accused of any severe crime.
- Not be subject to any previous Canadian sponsorship by a spouse within the last five years.
Additionally, the sponsored individual must be at least 16 years old and not have a blood relationship with the sponsor.
The sponsor and sponsored party must be able to prove the authenticity of their relationship through the following three chief categories:
- Spouse– The sponsor and sponsored individual must have had a legal marriage. For instance, if a legal wedding occurred within Canada, a marriage certificate from a specific territory or province will be adequate to prove the marriage’s validity. Conversely, if the wedding happened outside the country, it must be authentic under Canadian laws, specifically federal ones.
- Common law partner– The sponsor and the sponsored party must have a living experience of 1 year with each other.
- Conjugal Partner– A sponsored individual will fall under the category of a conjugal partner in case of unusual circumstances. If these unexpected situations have stopped the two from becoming eligible common-law partners. These could be reasons like immigration restrictions, divorce, or same-gender relationships. Additionally, these partners must share a co-dependent relationship for at least one year. Moreover, their relationship must have absolute and unwavering commitment and dedication, similar to a marriage or common-law partner. However, this can be proven through combined financial efforts, intimacy level, and owning a few assets together.
Notably, same-sex marriages in Canada are legal in terms of spousal sponsorship, common law, and conjugal partnership.
Ineligibility conditions
Conversely, several conditions don’t permit an applicant to act as a sponsor; they’re as follows:
- Non-payment of an immigration loan, performance bond, or unable to process family support payments.
- A previous record reflects the sponsor’s inability to assist the sponsored family member or relative financially. Consequently, the sponsored party had to undertake social assistance in Canada.
- Subject to a removal order.
- Any imprisonment like jail, prison, reformatory, or detention facility for severe crimes.
- A record of seeking social assistance for reasons excluding disability.
- Previous bankruptcy record and inability to get a discharge from the court.
- They had been sponsored earlier and obtained Permanent Residence for less than five years.
- Individuals who had previously sponsored another spouse or partner. Also, three years have not passed since this individual acquired Canadian permanent residence.
- In case an individual already applied for sponsorship concerning his spouse, partner, or child, but the decision on that application remains pending.
- Any existing record of physical violence or sexual offense that caused any harm to a relative or family member.
