To sponsor your spouse, common-law/conjugal partner from South Africa for immigration to Canada, you must first ensure that you both meet the eligibility.
We have mentioned below some of the general eligibility criteria for both Canadians and foreign partners willing to immigrate to Canada from any country.
Who can sponsor?
If you are a citizen/permanent resident of maple country with an age of 18 years or older, then you are eligible to make a sponsorship. This is applicable for your spouse, or common-law/conjugal partner for Canadian immigration. Furthermore, Canadian citizens are eligible to sponsor their spouse or partner from outside Canada, while permanent resident can only sponsor their spouse or partner from inside the country, even if their partner is outside of Canada.
In addition, you will be required to demonstrate to the federal department of IRCC (Immigration, Refugee and Citizenship Canada) that you have sufficient financial resources to support yourself and your family, including your spouse/partner and dependent children.
In the majority of cases, there is no income cut-off for applicants to sponsor their spouses, partners or dependent children. There are only a few specific instances where the applicant is required to meet a minimum income cut-off score decided by the government every year. Usually, this is only applicable in cases when the applicant is applying for the sponsorship of a dependent child who further has a dependent child.
Moreover, if you receive social assistance for any reason other than disability, you may lose your eligibility to fulfil the income criteria. Also, other sources of income, such as employment insurance and government training allowances, do not meet eligibility. On the other hand, you may still be able to fund if you are obtaining parental/sickness advantages.
Residents of Quebec are also required to meet the provincial eligibility requirements to sponsor their spouse or partner to the province. The Quebec government website provides all the required information that you will need to sponsor your partner or dependent children to the province.
Ineligibility reasons for sponsoring your spouse
There are a few situations (both criminal and non-criminal) where you can be ineligible to sponsor your spouse or partner to the country, including:
- If the individual was indulged in a violent criminal violation
- Forgetting to disburse an immigration loan
- Facing bankruptcy
- If you sponsored a previous spouse within three years of the application
In addition, if you were a sponsored spouse and now a permanent resident of Canada, then you are not eligible to apply for sponsorship of a new spouse for a duration of five years; there are chances you will be eligible after five years of your landing.
If none of the above factors are applicable to you and you meet all the eligibility requirements, then the next step is to check if your partner meets the eligibility requirements.
Who can be sponsored?
To be eligible for sponsorship, your partner must:
- Be older than 18 years of age
- Pass background, security, and medical checks
The federal department of IRCC will run medical and background security checks on your partner to ensure that he or she is admissible. People who have been convicted of a crime are not allowed to enter the Canadian borders; however, there are possible options to get around criminal inadmissibility.
Furthermore, the officer who is working on your immigration file will be ensuring that both of you are in a real relationship. Canadian government emphasizes admitting those who are coming to Canada to reunite with their families, and not those who are marrying for the sole purpose of obtaining permanent residency in Canada.
Also, virtual marriages are not considered eligible for immigration purposes. Thus, the spouse must be married to their sponsor in an in-person ceremony to be eligible for the immigration sponsorship to Canada.
For common-law partners to be eligible, they are required to demonstrate that they have resided together for a minimum duration of 12 months.
For conjugal partners living outside of Canada, they are required to demonstrate that they have been in a relationship with the sponsor for a minimum period of one year, and there are social or legal barriers preventing them from getting married or living together. If your conjugal partner is already residing in Canada, then they are not eligible for sponsorship.
Inland vs. Outland sponsorship
If you and your partner are applying for sponsorship from within Canada, then you both will be considered as inland applicants. Moreover, your spouse/partner may meet eligibility for an Open Work Permit when applying from within Canada.
On the other hand, if your partner is living outside of Canada during the process of sponsorship, then you both will be considered as outland applicants. In addition, Canadian citizens are allowed to reside in a foreign country throughout the entire sponsorship process; they are still required to demonstrate that both sponsor and partner will move to Canada once the partner is admitted to the country as a permanent resident.
Documents required from South Africa
The department of IRCC revises the document guidelines on a regular basis. Foreign nationals will require different documentation depending on various factors such as:
- Residency status
- Where the member is applying from
- Their travel history
In the application guide, the government offers more detailed and updated information, as well as thorough instructions on how to fill out forms.
Moreover, the IRCC provides a documents checklist with a list of forms and applications that you need to complete for the application. In addition, this list is updated on a regular basis by the IRCC; thus, it is important to double-check the most up-to-date list before you proceed with the submission of documents.
There are separate form requirements for all countries. Currently (the time this article was written), there are no additional forms requirement or any specific instructions for sponsorship applications from South Africa.
Process after the application submission
Once submitted, the federal department of IRCC will start processing your application. In case of an incomplete application, the department will return the application, and you will need to resubmit the application after completing the missing details.
Generally, the IRCC has a 12-month processing standard for spousal sponsorship applications; however, there are chances, it may take longer.
In addition, during the processing period, the IRCC requests for the biometrics and a medical exam from the foreign spouse, and you will be required to submit the same within a maximum duration of 30 days. IRCC can further request additional information or even an in-person interview with your partner at any time.
You can track the application status online until you receive a final decision from the IRCC. Once the decision is made on the application, the IRCC will send you the final instructions on how to complete the remaining steps required at the end of your spouse or partner to become a Canadian permanent resident.
Completing the landing process is the last step of this process. Once the landing process is completed, your partner/spouse will officially get the Canadian PR.
