Spousal sponsorship is a process through which a Canadian citizen or permanent resident can sponsor their spouse or common-law partner to immigrate to Canada. This is an important immigration pathway that allows families to be reunited in Canada. In this blog post, we will cover the key aspects of spousal sponsorship in Canada, including eligibility requirements, application process, processing times, and tips for a successful application.
Eligibility Requirements
To be eligible for spousal sponsorship in Canada, the sponsor and the sponsored person must meet certain criteria. Here are the key eligibility requirements:
Sponsor Eligibility:
Age: The sponsor must be at least 18 years old.
Citizenship or Permanent Residency: The sponsor must be a Canadian citizen or permanent resident.
Financial Eligibility: The sponsor must demonstrate that they can financially support the sponsored person for a specified period of time. The sponsor must meet the minimum necessary income threshold, which is based on family size and location.
No Criminal Record: The sponsor must not have a criminal record, including convictions for domestic violence, sexual assault, or any offense involving a minor.
Sponsored Person Eligibility:
Relationship: The sponsored person must be the sponsor’s spouse or common-law partner.
Legal Status: The sponsored person must not be inadmissible to Canada for medical, criminal, or security reasons.
Admissibility: The sponsored person must meet the admissibility requirements for Canada, which include passing a medical exam and a security background check.
Processing Times
The processing time for spousal sponsorship applications can vary depending on several factors, including the location of the applicant and the complexity of the application. Generally, processing times can range from 6 to 18 months. It is important to note that processing times can also be affected by external factors, such as changes to immigration policies or a backlog of applications.
Reasons Why Your Spousal Sponsorship Application Can Be Denied
Spousal sponsorship is a popular immigration program that allows Canadian citizens and permanent residents to sponsor their spouses or partners to come and live with them in Canada. However, the spousal sponsorship application process can be complex and there are several reasons why an application can be denied. In this blog, we will discuss the top 9 common reasons why your spousal sponsorship application can be denied, and what you can do to avoid them.
1. Insufficient Documentation:
One of the most common reasons for spousal sponsorship application denial is insufficient documentation. It is important to provide complete and accurate documentation to support your application, including evidence of your relationship, financial situation, and residency in Canada. Failure to provide adequate documentation can lead to delays and even application rejection.
2. Ineligibility of Sponsor:
Another common reason for spousal sponsorship application denial is the ineligibility of the sponsor. To be eligible to sponsor a spouse, the sponsor must meet certain criteria such as being a Canadian citizen or permanent resident, being at least 18 years of age, and meeting financial requirements. If the sponsor does not meet these criteria, the application may be denied.
3. Ineligibility of Sponsored Person:
Similarly, the sponsored person must also meet certain eligibility requirements such as being legally married or in a common-law relationship with the sponsor, not being inadmissible to Canada, and being able to prove their relationship with the sponsor. Failure to meet these requirements can result in application denial.
4. Failure to Disclose Information:
It is important to provide complete and accurate information in your spousal sponsorship application. Failure to disclose information such as previous marriages, criminal records, or medical conditions can result in application denial.
5. Misrepresentation:
Misrepresentation can also lead to spousal sponsorship application denial. This includes providing false information, withholding information, or submitting fraudulent documentation. It is important to be truthful and transparent in your application to avoid this issue.
6. Lack of Genuine Relationships:
One of the most important criteria for spousal sponsorship is the existence of a genuine relationship between the sponsor and the sponsored person. If Immigration, Refugees and Citizenship Canada (IRCC) determines that the relationship is not genuine, the application may be denied.
7. Criminal Record:
Having a criminal record can also lead to spousal sponsorship application denial. Depending on the nature of the offense, the application may be denied or the sponsored person may be deemed inadmissible to Canada.
8. Medical Inadmissibility:
Medical inadmissibility can also result in spousal sponsorship application denial. This occurs when the sponsored person has a medical condition that may pose a risk to public health or safety, or that may cause excessive demand on Canadian health or social services.
9. Procedural Errors:
Finally, procedural errors such as incomplete applications, missed deadlines, or improper documentation can also lead to spousal sponsorship application denial. It is important to follow the application process carefully and seek professional guidance if needed.
Tips for a Successful Application
To increase the chances of a successful spousal sponsorship application, here are some tips to keep in mind:
Submit a complete application: Ensure that all required forms and supporting documents are included in the application package. Missing or incomplete documents can result in delays or even a refusal of the application.
Meet all eligibility requirements: Ensure that both the sponsor and the sponsored person meet all eligibility requirements before submitting the application. This includes requirements related to age, citizenship or permanent residency, financial support, criminal record, relationship, legal status, and admissibility.
Provide strong evidence of the relationship: Provide sufficient evidence to prove the authenticity of the relationship, such as photos, correspondence, joint bank accounts, joint leases or bills, affidavits from friends and family members, and any other documents that demonstrate a genuine and ongoing relationship.
Be honest and transparent: Provide accurate and truthful information throughout the application process. If any false or misleading information is discovered, the application may be refused and the sponsor could face legal consequences.
Seek professional help if needed: Spousal sponsorship applications can be complex and time-consuming, and a mistake or omission can have serious consequences. Consider seeking the help of an immigration lawyer or consultant to ensure that the application is completed correctly and all requirements are met. They can also provide guidance on how to address any issues or challenges that may arise during the process.
Conclusion
The spousal sponsorship application process can be complex, and there are many reasons why your application may be denied. However, with the right information and guidance, you can avoid common mistakes and increase your chances of a successful application. If you have any concerns or questions about your spousal sponsorship application, book a free consultation with Titan Law Lawyers today. Our experienced immigration lawyers can provide you with personalized advice and guidance to help you navigate the spousal sponsorship process and achieve your immigration goals.
A spouse is a person who is legally married to the sponsor. A common-law partner is a person who has been in a conjugal relationship with the sponsor for at least one year.
The sponsor must demonstrate that they can financially support the sponsored person for a specified period of time. The sponsor must meet the minimum necessary income threshold, which is based on family size and location.
The required documents include proof of identity, relationship, and financial support, as well as medical and security checks.
If the sponsored person has a valid work permit, they can work in Canada while waiting for the spousal sponsorship application to be processed.
If the application is refused, the sponsor and the sponsored person will receive a letter outlining the reasons for the refusal. They may have the option to appeal the decision or reapply with additional documentation.
