One of the objectives of the IRPA “Immigration and Refugee Protection Act” of Canada is “to see that families are reunited in Canada” (s.3(1)(d) of IRPA). The Act further explains who could be considered a family member.
IRPA s.12(1) Family Reunification “A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.”
As you can see spouse (husband or wife) and/or common-law partner is considered to be a family member under the immigration law. Therefore if you are a Canadian Citizen or Permanent Resident who qualifies to sponsor a family member then you may sponsor your spouse in order to immigrate to Canada and become a permanent resident.
Who is a Spouse or Common-law Partner?
The simple definition for spouse is somebody whom you are married to under the foreign country and/or Canadian laws. Visit the Citizenship and Immigration Canada (CIC) website for more information about the definition of spouse.
Common-law partner is somebody whom you have entered a conjugal relationship for at least 12 uninterrupted months. CIC further explains this term.
Conjugal partner is somebody who has been in a spouse-like relationship with you both physically and emotionally. Click here for more information.
According to Immigration and Refugee Protection Regulations certain relationships are excluded from the definition of spouse. Consult with a lawyer or an Immigration Consultant to make sure your case does not fall under any of those circumstances.
Who Can Sponsor Their Spouse?
In order to qualify as a sponsor you need to meet certain criteria. The “Immigration and Refugee Protection Regulations” (Part 7 Division 3) outlines such criteria. For example you must…
- be a Canadian citizen or permanent resident
- be at least 18 years old
- reside in Canada (under certain conditions you may not reside in Canada at the time of application)
- file the sponsorship application according to the guidelines
- do not owe the government of Canada or your provincial government money or other obligations due to previous sponsorships
- not be in another marital relationship at the time of marrying to your spouse and/or applying for your spouse
There are many other conditions that apply. For example you need to show that your application is genuine and you intend to reunite with your spouse. If the sponsor is in jail they will be denied. If the sponsor has committed a crime then there is very likely that they are not eligible to apply (certain conditions exist).
There are cases that the province of your residence may have entered some agreements with the federal government to govern the sponsorship program. I strongly suggest consulting with an immigration consultant or a lawyer in order to make sure you qualify to sponsor your spouse.
You may also visit the Citizenship and Immigration Canada website for further information and downloading necessary documents.
I wish you good luck with your application. I hope you reunite with your spouse very soon.
Relevant articles:
- Immigration to Canada: Spouse, Conjugal and Common-law Partner definition
- Can I sponsor my brothers or sisters (siblings) to immigrate to Canada
Hi Mr Parsai
My boyfriend is an illegal alien in the U.S for almost 11 years. I am a canadian citizen. We want to get married.Is it possible to sponsor him in canada.
Thank you in advance for your reply
To the best of my knowledge you would encounter serious problems if he does no change his status. The first problem is his residency status. Since he is not legally admitted to the States then he cannot be interviewed there. On the other hand the genuineness of the marriage would be under question. They may conclude that he is going to get married to you to end his situation and receive Canadian residency status. I strongly suggest talking to a professional Immigration Consultant or lawyer first before applying.
My name is Haider, I entered United States in 1998, illegally (on a picture change passport), which wasn’t mine. I resided in NYC, with my brother and attended high school for a short while and was arrested for a minor reason. I was taken to court from the cell where my fingerprints were taken, and the case was dismissed.
My Brother moved to New Jersey and I also moved there too. In the year 2007, I was once again arrested. The arrest was because of noise pollution. A person complained from the neighborhood that we were making too much noise and there too, I was fingerprinted at the precinct. I was given a court summon to appear on June 26th, 2007. When I received the summon, I was frightened because I didn’t want to get deported, because I was illegal.
I, then decided to make the 1st flight back to Pakistan, which was a day before the court date. (June 26th, 2007) I am now residing in Pakistan since June 25th, 2007.
I had just recently got married to a pakistani-canadian girl. We’ve been married for about 2 months. She wants to sponsor me to Canada, for she is a canadian citizen and holds a permanent resident card. Will we forsake many problems during the sponsoring process? I would like to clear my name in the states also during the process. Would you kindly let me know how do I go about the process of entering Canada borders, without being stopped at customs, and refuse to get my visa or any daleys.
My wife currently lives in Calgary, I need to get as much information as possible to solve this problem.
I am anxiously waiting for your reply.
Sincerely,
Haider
I strongly suggest talking to a an American lawyer to follow up your case first. You also need to talk to a Canadian immigration lawyer or an Immigration Consultant to explain your situation and get proper advice.
Hi dear Sir.
I would like for you to represent me as your client.
My husband name Haider 25 year old entered United States in 1998, illegally (on a picture change passport), which wasn’t his. He resided in NYC, with his brother and attended high school for a short while and was arrested for a minor reason. He was taken to court from the cell where his fingerprints were taken, and the case was dismissed.
After that He moved to NewJersey to his brother house. In the year 2007, I was once again arrested. The arrest was because of noise pollution. A person complained from the neighborhood that they were making too much noise and there too, He was fingerprinted at the precinct. He was given a court summon to appear on June 26th, 2007. When he received the summon, He was frightened because He didn’t want to get deported,
He, then decided to make the 1st flight back to Pakistan, which was a day before the court date. (June 26th, 2007) Because He was illegal. And the passport he came back to his country with, that he got from Paksitani embassy in New York behalf of His country (National Identity Card) NIC and now that passport is expired. So should he renew his old passport which is expired or should he tell to pakistani passport office that he lost my passport and get the police report for stolen and get a new passport behalf of old passport number…
As soon he came back to Pakistan, His brother has told him that he recived a arrest warrent for his name which posting bail was $250 and and it was some thing like that ——
Nothice of waarent for arrest issued… Warrent date : 00/00/2007…
Police Dept : Lavallette Ploice Dept. Telephone # 908-793-4800….
State vs Haider … Complaint No: Sc
Bail Amount Set $250.00——
Will we forsake many problems during the sponsoring process? He would like to clear his name in the states also during the process. Would you kindly let me know how do He go about the process of entering Canada borders, without being stopped at customs.without any problems, delays and refuse to give his visa…
Question No:
1- what documents and evidence do i and my husband need for sponsor ?
2- Should we hide about his entering and living in USA illegally ?
3- Does he need to renew and use same passport for canada visa or try to get a new one if they don’t find any record?
4- What will be a problem during the sponsoring process that he got arrested in new jersey ?
5- Can his brother need to hire criminal lawyer in New Jersey clear his name from police dept or run any kind of FBI record to find out if its still their ?
6- Or you can clear his name from the states ?
6- Can i do every thing my self at home to sposor him because i have sponsorship kit ?
7- Or if its not possible, than how much will you charge and what will be the guaranty and surety about any problems, delays and refuse to give his visa and being stopped at customs ?
8- How long will it take for him to get visa and entering in canada ?
9- Is it possible can i sponsor him as my finance becaue iam working paying tax. so he can come here like in 2 to 3 months than he’ll do the immigration ?
10- Can i go to pakistan in december and live their with my husband till he comes back to canada with me but i can only stay there for 6 month ?
Iam canadian ciizen we got married about 3 months ago
Please talk to an immigration lawyer or consultant. Thanks.
Sorry but I can’t answer long questions like these. I strongly suggest that you talk to an Immigration Consultant or an immigration lawyer.
——————————————————————————–
Hello:
They sent back my application (spousal sponsorship) last month for minor problems and until now I haven’t received it yet. I called Immigration and told me that I am supposed to receive it within 7-10 days but its already 1month since they sent it back to me. I called canada post (call center) and told me that they can’t help me trace the package because it doesn’t have a tracking number. The CIC call center agent also adviced me to just make a new application since they sent the whole package back to me and they doesn’t have any records on my application. Reasoning also in my next application that the canada post lost the package that contains the original documents and proofs is not a good option too because it won’t help us though. I don’t know what to do now. Do we still have to re-do again the medicals? Pay fees? Request for clearances? How about the original letters that would prove our relationship is genuine that got lost? I can’t believe this happened to us. I think I wanna kill ‘em all!
I want to do something with the canada post and immigration for losing such important/irreplaceable documents. I know that canada post is liable for losing our application but I dont know what to do. I just want them to find our application and explain it to the immigration..pls help..
I am sorry that you are going through this problem. Please either contact a lawyer or directly file a complaint with them. I also keep my fingers crossed that you will receive your documents very soon.
hi al parsai
okie my question is that i sponsored my husband in feb 2010 and that time i was working so i had put my income in the application
but currently i am unemployed so would affect the sponsorship of my husband, can they delay the sponsorship on that case
right now the file is transferred to Islamabad, pakistan ..
No. Not really. You are exempted from minimum income so the change does not affect the process of your application.
Hello, I’m from Mexico, i emigrate to Canada 3 years ago on a work visa and i met my (now) wife (Canadian citizen) and plans changed, since my work visa expire, and, due to new regulations for Mexicans requiring a visa to enter the country, i left Canada, and then apply for a visitor visa, (this happened 10 months ago when we were not married yet) i got denied due to insufficient proof of brief stay.
We got married finally 3 weeks ago in the states, and we are about to submit the sponsorship/permnt resident application, but we want to know if there’s a way to apply for a visitor visa to do the process INSIDE Canada, for us to be together ASAP,
what our chances are?
It would be better for you if you apply from outside Canada. The process is usually a lot quicker and also if you are denied you have the right to appeal. I understand the frustration but since you are once denied it’s better not to insist and wait as much as you can.
I also strongly suggest reading the following article. It could help you in the process.
Immigration to Canada: Spouse, Conjugal and Common-law Partner
Dear Mr Parsai,
I am a Canadian citizen and unemployed. I got married with my wife who came to Ontario as a student with a student permit from Korea. She’s been here for over an year and her student permit expires in September of 2010. We’re planning on applying for her PR. So my questions are
1) Can I sponser my wife when I’m unemployed? If yes, could CIC deny our application since I don’t know what to put down on the sponser accessment section in the PR Application since I have no income but I’m not on any welfare or any form of financial assistance from the government and I have excellent credit.
2) Does my wife need to extend her visa or can she apply for a work permit? she is planning to stay in Canada and not leave the country so is a visa necessary? Can she just be on implied status when her visa expires and just say we’re waiting for her PR?
thank you for your time
ADDITIONAL Info***we got married in Ontario on June 2010. But we didn’t have a ceremony just an officiant to perform our marriage. will the CIC SUspect that our marriage is fake? but we have plenty of videos and pictures of us actually being a real couple such as new years, valentines, birthdays, outings prior and after the marriage.
You need to submit as many documents as possible to show your marriage is genuine and is not for the purpose of getting Canadian permanent residency status. Click here for more information.
You won’t be denied based on your financial status. I suggest that you consult an Immigration Consultant as to how to fill out the forms to avoid any problems.
Your wife may either leave the country or request for a visa extension. If her student visa cannot be extended she may request for another type of visa. However, make sure that she leaves the country on time if her visa is not extended. She cannot stay in the country stateless. She needs to either hold a PR or a valid temporary visa.
Hi there. My wife is Canadian and I am a Portuguese-South African. We currently live in South Africa. We are planning to visit Canada soon. Once we are there, we would like to stay in Canada long-term and submit an application for my permanent residency. I have a Portuguese passport and I believe that I can be in Canada for 6 months without a visa.
I have looked at all the relevant immigration forms. My questions are:
1: I see that the sponsor application requires 12 months of bank statements to prove my Spouse is able to sponsor me. However, I have been supporting my wife in South Africa for the last three years. I am employed by a Swiss company and will remain employed while i visit Canada. Also, she has family in Canada (mother, siblings). How do we approach this immigration requirement?
2: I may need to travel internationally for work during the permanent resident application process. (never for more than three weeks at a time). Can I enter/leave Canada while holding a temporary resident permit/extension? or, is there any formal way to request to be able to leave/return without problems,
3: If i request a temporary visa extension based on wanting to apply for permanent residency, will i get it and how long do the extend for on average?
thanks for your time. your help would be greatly appreciated
marc
You may start the process while still in South Africa. If your wife is a Canadian citizen – which apparently is – she can sponsor you from outside Canada providing that she will join you to Canada when your visa is issued.
1. Since this is a spousal case, your wife is exempted from income conditions. So don’t worry about this.
2. Portuguese are exempted from visit visa meaning that you may enter and exit Canada as many times as you want – assuming that you are not inadmissible for another reason.
3. If you decide to stay more than 6 months then you may either exit and enter Canada via a nearby USA boarder or you may refer to a Citizenship and Immigration Canada office and request for a stay extension. It is very likely that they will extend your stay for another 6 months.
Applying for spousal visa is better handled from outside Canada. It is processed quicker and it can be appealed if denied by a visa officer. I suggest that your wife applies for you while you are in Canada.
Hi Al, Thanks for answering me. Now Al how in the world do you go about getting a job offer from outside Canada? I don’t have any specific degrees and have no idea how to go on about this. Any ideas Al? all the other possible ways to show that I’ll re-establish myself in Canada seem quite difficult also…help!
I believe you need to sit with an Immigration Consultant or an immigration lawyer and explain your abilities and finances. He/She may come up with a solution for you.
thnakyou.
Don’t mention it.
Hello,
I applied for a police certificate from the Emirates and I sent with my application two recent photos as per the photo requirements by CIC. However, I got the police certificate back with the photo from my passport on it which is me when I was in Grade 10 and has a light blue background. Do you think that this matters or I can go ahead and submit my application?
If you can resolve the issue with the Emirates police then try to get a new certificate. If not, attach a letter to your documents and explain the situation briefly, just as you did for me.
Thanks Al Parsai. I appreciate it.
Not at all Ahmad.
Ok. she cannot sponsor me at this given point of time , but i have few more questions if you can answer pls.
1 Can she apply for Canadian PR from there (Canada)
2 If yes then how long she needs to stay there to be eligible for Canadian PR.
3 what are the requirements to qualify for Canadian PR
If she is admitted to Canada with a visa that is valid for at least one year then she may apply for the PR while she is in Canada. Otherwise she needs to apply through a visa office that is related to her country of residency. This means that she might need to leave Canada in order to attend the interview. The process varies depending on the method of immigration. Please visit the CIC website to find the best method of immigrating to Canada.
by the way Al, I am a canadian citizen
That’s not a critical facto but it is part of your eligibility.
Hi Al Parsai!
I am wondering if you can answer my questions. I met my boyfriend thought the internet 3 years ago, he is originally from Dominican Republic and his mother(who lives in the States) sponsor him 1 year and a half ago. He does live in the States and is a US resident. He came to visit me a few weeks ago(for a week). Now he proposed me and we are planning to get marry this fall here in Canada. I am employed as a part time and I am affraid that I don’t have enough income to sponsor him, maybe I am short by $500-$1,000. I do have enough for the sponsorship documents and my application.My questions are the following:
1. Do you need to have a FULL Time employment in order to sponsor him?
2. I have all the record of letter, email, phone calls statement, pictures that we took when he was here, what else does CIC need from us? we do have valid security (SIN #), passport.
3. I might be pregnant (I will have a pregnacy blood test soon) so if I am, Does CIC speed the process ? if they don’t, can he come to see me and the baby?.
4. I am good friend of one of the MP, can I ask this person to write a reference letter? so my future husband and I can live together in Canada. I also have a friend who works for Immigration, can I asked her to give me a reference letter too? only if it does speed the process or approved our application.
Do you think that an Immigration lawyer can help me in cause if my application (or his application) are refused?
Thank you for your time and God bless you!
I answer your questions one by one.
1. You are exempted from minimum income (as you are sponsoring your husband) so the answer to your question is “no”.
2. You also need to actually marry him. Please see Immigration to Canada: Spouse, Conjugal and Common-law Partner for more information about the documents that help in clarifying your relationship.
3. It could help as it shows that you are actually related. They may however for the proof of relationship (as to whether he is the actual father) but it does not hurt if you mention this fact.
4. I don’t think if that’s necessary. I suggest asking him for the favour if you encounter any problems.
Asking a lawyer would be really helpful. While a lawyer or an Immigration Consultant cannot speed up the process directly he may help you in submitting an application that is complete and satisfies the officer.
Good Luck
hi , my spouse is German national and recently she is living in Canada with my sister who is Canadian national for last 2 months , i live in Pakistan and want to go to Canada as immigrant. i have several questions if you can answer pls.
1 how can she sponsor me.
2 does she need to apply for work permit over threre
3 how long will the process take
I assume that your spouse is a Canadian Permanent Resident and answer the questions based on that assumption.
1. She need to prepare necessary documents and fill out the necessary documents presented on the CIC (Citizenship and Immigration Canada) website and then submit them to the Case Processing Centre located in Mississauga, Ontario.
2. No. She does not.
3. It usually takes between 6 to 12 months.
No she is not Canadian permanent resident in this scenario what she has to do or my concerns are valid or not.
If she is not a Canadian PR or citizen she cannot sponsor you to Canada.
Hi,
My husband is still in pakistan and his permanent residence application is still in process for 9 months now. But i was wondering, what is your best guess as to when he would be able to get his visa? I am just frustrated due to lack of updated info from visa office.
It usually takes between 6 to 12 months for him to receive his visa.
Hi Mr. Al Parsai,
I am in desperate need of your advice/suggestion. Long story short…I came to Canada in 2000 as an International Student and in 2003 got married to another Intl’ Student then we applied for our Immigration and he was the principle applicant. I left Canada and went back to my country Bangladesh in 2004 due to problems with my husband and got divorced in 2006. Later I entered Canada in 2006 as Landed Immigrant but stayed a month then again went back home. I re-married in 2008 and in 2009 I had to come back to Canada because PR card was expiring. I applied for my 2nd husband in Nov 09 CIC Mississauga and they sent it to Singapore where the process started in Dec 09. In April 09 they sent a letter to my spouse stating my Application is Suspended for further investigation on my previous marriage and immigration by CIC inland.
1.What does this really mean?
2.How longer the process might take?
Eagerly waiting for your reply.
Samia Islam
It looks like they are making sure your previous marriage was ended at the time you applied for your second husband. I strongly suggest that you discuss this issue with an immigration consultant or lawyer to help you go through this process safely. This could take months.
how long do i need to wait to receive my visa?the canadian embassy here in the phils ask me to submit my passport last june 18.a week later, i received a email from the embassy asking for my advisory of marriages.i submitted the documents last jul 5.what do i expect now?is asking for my passport a guarantee for a visa stamp?how long do i need to wait?
It is not a guarantee but it is a strong indication that you will receive your visa in a few weeks.
Hi I would like to know if i want to spounsor my husband do i need to have a job. Since i just return to the country, but i am currently searching for job. Is the process faster if you are imployed
Being employed is not a condition for sponsoring your husband.
Hello Mr. Parsai,
My boyfriend lives in Colombia and we plan to marry very soon so I can sponsor him to come to Canada. I am fully employed and I just found out that I am pregnant with his child. My question is do we have to be married in order for me to sponsor him and also will the paperwork still take up to one year or can this be treated as a priority since I am pregnant?
Thank you,
Nina
If you can be considered conjugal partners then you do not need to officially marry him. The paperwork usually takes between 6 to 12 months for most people. They may consider your pregnancy to speed up the process but there is no guarantee on that. Please also visit the following link to make sure if you could be considered conjugal or common-law partners or not.
http://www.aparsai.ca/english/?p=726
the term “getting through” this means that if i submit my application then there is a possibility of them coming to Canada and there won’t be any dismissal.how long is the process going to take for my application if it is done outside Canada.i also like them to be here by early January is that possible. thank you
It’s all in the hands of the officer but it usually takes between 6 to 12 months.