Thousands of people immigrate to Canada each year. Canada is among the most accepting countries for refugees in the region and provides people with numerous opportunities and routes to move into the country. Apart from Express Entry, one of the most commonly opted-for options for moving to the country, people have the option for spousal sponsorship in Canada. If your spouse is a Canadian national or has permanent residency, they can sponsor you to bring you into the country.
It’s recommended that you have the legal counsel who is an immigration lawyer in Toronto so that all matters are streamlined and dealt with properly. These are some vital pieces of information to be aware of:
Terminology to Be Aware Of
The term “partner” refers to a person seeking immigration to Canada as either the spouse, common-law partner, or conjugal partner of a citizen or permanent resident of Canada. “Sponsor” refers to the Canadian citizen or permanent resident seeking immigration benefits for their partner.
Eligible Relationships
These relationships with a Canadian citizen or permanent resident are considered functionally equivalent under Canadian law for immigrating to Canada.
Spouse
You must be legally married to the sponsor to qualify as their spouse. It must be a legal marriage, according to the law of where you were married as well as under Canadian law, regardless of what place you lived in after marriage. A common example of a marriage that will not be recognized in Canada is where one person might have two or more spouses, which, while legally allowed under certain foreign laws, is not allowed under Canadian law.
Common-Law Partner
If you’ve cohabited with your partner in a conjugal relationship for at least 1 year or 12 consecutive months, you are considered common-law partners. These 12 months don’t have to be entirely continuous, as short breaks due to family reasons or business matters can be acceptable.
As you don’t have any certificates to prove your relationship, immigration authorities will require other forms of proof to confirm the authenticity of your relationship. Note that cohabitation is more than being in the same house – you must have combined affairs, including finances. Consult an immigration lawyer in Toronto to help draft all the evidence.
Conjugal Partner
Conjugal partners would qualify as a spouse or common-law partners but, due to local laws or factors like marital status and immigration barriers, were unable to do so. For example, someone is unable to divorce one partner due to some local laws. Be aware that the terms and conditions for this aspect are strict, so unwillingness to leave school or a job for the other partner is not considered an acceptable reason for two spouses to be living apart from each other.
Similarly, you’re not a conjugal partner if you’ve lived away from each other for a year or more or if one of the people in the relationship is a common-law or a conjugal partner of another person.
General Spousal Sponsorship Canada Eligibility
These are the requirements that you need to fulfill as a Canadian citizen or permanent resident sponsor’s partner applying for immigration to Canada:
- The sponsor must have Canadian citizenship or legal permanent residence in the country.
- The sponsor needs to be willing to file a sponsorship application for their partner.
- The sponsor and the partner need to be at least 18 years old when applying (except at the time of marriage if minors are allowed to marry according to local law in a particular country)
- The partner must be a spouse, common-law partner, or conjugal partner
- The sponsor needs to prove that they can support both parties financially and sign a Sponsorship Agreement to guarantee financial support to the partner for three years after the permanent residence is approved.
An immigration lawyer in Toronto will provide further information for your particular case.
The Costs
These are some of the costs involved in the process that you need to account for:
- Sponsorship fee of $75
- Principal applicant processing fee of $475
- Right of permanent residence fee $500
- Biometrics: $85
- Total: $1135
If any children are accompanying the partner immigrating to Canada, there will be additional costs per child. You’re allowed to accompany a child with you if:
- The dependent child is 18 or younger and does not have a spouse or common-law partner; or
- The dependent child is 19 or older and is not financial self-sufficient due to a physical or mental deficiency
If the sponsor lives in Quebec or plans to move there after getting a permanent residence, you need to pay an extra CAD 289.
Everyone deserves to be with their loved one, and Canada has numerous programs to help eliminate the distance. If you’re planning to sponsor your partner or spouse to Canada, work with immigration lawyers in Toronto. Ensure that you have experienced professionals with ample knowledge from helping other couples like you. The legal team at Nanda and Associate Lawyers is here to assist you with your needs. Our services include the support of corporate lawyers, civil lawyers, commercial real estate lawyers, and family lawyers in Toronto.
Get in touch with us today or book an appointment with our professionals.
