Canadian Spousal or Common-Law Sponsorship Immigration Lawyers
Bringing your loved one home is one of the most meaningful parts of the immigration journey but it can be a stressful road to navigate alone. The lawyers at Alder Law have the expertise necessary to help couples overcome the legal and bureaucratic hurdles so you can live together in Canada. We are well-versed in the complexities and requirements of sponsoring a spouse or partner for permanent residency, and can help guide you, prepare a strong application, and aid in resolving delays with Immigration, Refugees and Citizenship Canada.
Our Spousal Sponsorship Immigration Services
An immigration lawyer can play a crucial role in the Spousal or Common-Law Sponsorship process by ensuring that your application is complete, accurate, and meets all legal requirements. Their expertise can help avoid delays or refusals and provide peace of mind throughout the process.
The following are some of the spousal or common law sponsorship services the team at Alder Law can provide:
- Assessing your eligibility to sponsor
- Advising on the appropriate sponsorship category (spouse, common-law, or conjugal partner)
- Preparing and reviewing all required forms and documents
- Gathering and organizing supporting evidence of your relationship
- Drafting legal submissions to strengthen your application
- Communicating with Immigration, Refugees and Citizenship Canada (IRCC) on your behalf
- Assisting with interviews or follow-up requests from IRCC
- Guiding you through appeals or addressing application refusals if necessary
Pathways to Spousal or Common-Law Sponsorship
Canadian citizens and permanent residents looking to reunite with their spouse or partner may do so through the spousal or family sponsorship program. This immigration route includes three distinct streams: sponsorship for a spouse, a common-law partner, or a conjugal partner. We can help you understand which pathway is best for you, and have outlined the requirements for each category below.
Spousal Sponsorships
You are eligible to sponsor your spouse if you are legally married through a valid civil marriage, which includes same-sex marriages.
For a marriage to be recognized for immigration purposes, it must meet one of the following conditions:
- It was legally performed in Canada, or
- If it took place outside of Canada, it must be legally recognized both in the country where it occurred and in Canada.
Immigration, Refugees and Citizenship Canada (IRCC) does not recognize marriages conducted by proxy, telephone, fax, internet, or other methods where one or both individuals were not physically present at the ceremony.
Common-Law Sponsorships
You can sponsor your partner as a common-law partner (of any gender) if you have lived together in a marriage-like relationship for a continuous period of at least 12 months. This means you must have shared a home and maintained a committed relationship similar to that of a married couple, without any long periods of separation.
Conjugal Partner Sponsorships
A conjugal partner is someone who:
- Lives outside of Canada, and
- Has been in a committed, marriage-like relationship with the sponsor for at least one year.
You may sponsor a conjugal partner if:
- There is a strong, genuine bond between you. More than just a physical relationship, it must be a mutually dependent partnership, and
- You’ve been in a real, committed relationship for at least 12 months, but circumstances have made it impossible for you to marry or live together.
Working while Applying Under the Spouse or Common-law Partner in Canada Class
If you are applying under the Spouse or Common-Law Partner in Canada class, your spouse or partner may be eligible to apply for an open work permit while their sponsorship application is being processed. An open work permit allows them to work for any employer in Canada without the need for a specific job offer or Labour Market Impact Assessment (LMIA).
Spousal Sponsorship FAQs
1.How long does the spousal sponsorship process take?
Processing times can vary depending on whether the application is submitted inland (within Canada) or outland (outside Canada), and on the completeness of the application. You can check processing times on the Government of Canada website.
2. Are there disqualifying situations where I’d be barred from being a sponsor?
Canadian citizens or permanent residents may be ineligible to sponsor a spouse if they are under the age of 18, hold only temporary resident status, or are unable to show they can financially support their sponsored spouse or partner. Additional grounds for ineligibility include having a criminal record, a past failure to fulfill sponsorship responsibilities, or being subject to a removal order from Canada.
3. How much money do I need to sponsor my spouse in Canada?
In most situations, there is no income requirement to sponsor your spouse, partner, or dependent child. However, you must show that you meet the necessary income level if you are sponsoring a dependent child who has one or more children of their own, or if you are sponsoring a spouse or partner who has a dependent child, and that child also has one or more children. The Financial Evaluation form from the IRCC provides detailed information on how much income is required,
Spousal Sponsorship Resources
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