A Guide to Canadian Spouse and Partner Sponsorship Programs

Canada offers various immigration pathways for individuals wishing to sponsor their spouse or partner for permanent residence. The Spouse and Partner Sponsorship Program allows Canadian citizens and permanent residents to bring their loved ones to Canada, ensuring that families can stay together. However, navigating the process requires an understanding of eligibility requirements, relationship classifications, and how to handle complex cases.

Eligibility for Spousal Sponsorship

To qualify for sponsorship, both the sponsor and the applicant must meet certain requirements:

• The sponsor must be a Canadian citizen or permanent resident.

• The sponsor must be at least 18 years old and financially capable of supporting the sponsored partner.

• The applicant must demonstrate a genuine relationship with the sponsor.

• The couple must provide sufficient proof of their relationship, such as joint financial records, communication history, and shared living arrangements.

• The sponsor must not have been sponsored as a spouse in the past five years and must not be receiving social assistance (except for disability reasons).

Canada offers various pathways for individuals wishing to sponsor their partner for permanent residence

Understanding Relationship Categories

IRCC recognizes three types of relationships under the spousal and common-law sponsorship program:

• Spouse: The couple must be legally married, with a valid marriage certificate recognized by Canadian law or the jurisdiction where the marriage took place.

• Common-Law Partner: The couple must have lived together continuously for at least one year in a conjugal relationship.

• Conjugal Partner: This category applies to couples who are unable to cohabit due to legal or immigration barriers (e.g., same-sex relationships in countries where such unions are illegal).

Complex Sponsorship Cases

While many applications are straightforward, some cases require additional documentation and legal intervention. Here are three common complex cases and how we were successfully resolved:

Sponsorship for a Same-Sex Common-Law Relationship

A same-sex couple applied under the common-law partner category, but IRCC refused the application due to insufficient evidence of cohabitation. Cultural stigma in the applicant’s home country limited their ability to provide joint financial documentation or public acknowledgment of their relationship.

What We Did:

• Filed an appeal, arguing that cultural barriers prevented traditional evidence.

• Submitted affidavits from friends confirming their cohabitation.

• Provided joint lease agreements and communication records.

• Prepared a refiled application with more detailed explanations and supplemental evidence.

Outcome: The appeal was allowed, and the refiled application was ultimately approved, with IRCC acknowledging the relationship’s genuineness.

A same-sex common-law partner could be sponsor to Canada

Sponsorship with Children from a Previous Marriage

A Canadian citizen applied to sponsor their spouse while having children from a previous marriage. IRCC refused the application, citing concerns about the relationship’s authenticity due to the lack of the applicant’s involvement with the sponsor’s children and minimal evidence of family integration.

What We Did:

• Filed an appeal with the Immigration Appeal Division (IAD).

• Provided stronger evidence, including proof of efforts to build a relationship with the children.

• Submitted documentation of family activities and affidavits from relatives confirming the applicant’s commitment to the family.

Outcome: The appeal was allowed, and the application was returned to IRCC for reconsideration, leading to approval.

Sponsorship with a Significant Age Gap

A sponsor, significantly older than the applicant, faced a refusal due to IRCC questioning the relationship’s authenticity. IRCC raised concerns that the marriage might be for immigration purposes, citing the age gap and cultural differences as red flags.

What We Did:

• Refiled the sponsorship application with additional evidence.

• Submitted communication logs showing the progression of the relationship.

• Provided affidavits from friends and family supporting the authenticity of the marriage.

• Submitted financial documents demonstrating a long-term commitment.

Outcome: The new application was approved, with IRCC accepting the evidence of a genuine relationship.

We can help you reunite with your loved one in Canada

Spousal and partner sponsorship applications can be complex, particularly when IRCC questions the authenticity of a relationship. However, with the right approach, thorough documentation, and legal guidance, many applicants can overcome challenges and successfully reunite with their loved ones in Canada.

Contact us today for expert guidance on navigating the spousal sponsorship process and maximizing your chances of approval!