Sponsoring a spouse or partner to come to Canada and live permanently is a complex process that requires careful attention to detail. One crucial stage in this process is obtaining the approval in principle for spousal sponsorship. In this comprehensive guide, we will explore the eligibility requirements, application procedures, processing times, and other essential information related to approval in principle spousal sponsorship in Canada.
Understanding Spousal Sponsorship
Spousal sponsorship refers to the process of a Canadian citizen or permanent resident sponsoring their spouse or partner to immigrate to Canada. This process allows families to be reunited and is considered a top priority in Canadian immigration. There are two main categories of spousal sponsorship: inland spousal sponsorship and outland spousal sponsorship.
Inland Spousal Sponsorship
Inland spousal sponsorship is applicable when the sponsored person is already inside Canada on any legal status. This category allows the Canadian spouse to sponsor their foreign spouse to stay in Canada while the application is in process. The sponsored person may also be eligible to apply for an open work permit, enabling them to work in Canada during the application process. However, it is important to note that maintaining legal status is recommended for the sponsored person in this category.
To be eligible for inland spousal sponsorship, the sponsored person must meet certain requirements, such as having a valid immigration status in Canada and maintaining a genuine relationship with the sponsor. The processing time for inland spousal sponsorship applications can vary depending on the specific circumstances of each case, but it generally takes around 12 months.
Outland Spousal Sponsorship
Outland spousal sponsorship is applicable when the sponsored person resides outside of Canada. In this category, the Canadian spouse sponsors their foreign spouse while residing in Canada but does not plan to stay in Canada for the duration of the application process. The sponsored person may apply for a temporary visa to come to Canada while their outland sponsorship application is being processed.
While outland spousal sponsorship allows for the flexibility of the sponsored person residing outside of Canada, it can pose challenges in terms of living apart from each other until the application is approved. The processing time for outland spousal sponsorship applications can vary depending on various factors, including the country of origin or residence of the applicant. However, Immigration, Refugee, and Citizenship Canada (IRCC) aim to process these applications within 12 months.
Approval in Principle
Approval in principle (AIP) is a significant milestone in the spousal sponsorship process. It indicates that the sponsored person’s permanent residence application has been deemed eligible and meets the requirements set by IRCC. However, it does not guarantee final approval, as further steps, such as medical exams and security/background checks, are still required.
Once an application receives approval in principle, the sponsored person may be eligible to apply for an open work permit. This work permit allows them to work for any employer in Canada while their permanent residency application is processing or while their spouse has valid status in Canada. It is important to note that the approval in principle status does not automatically grant an open work permit. The sponsored person must submit a separate application for the open work permit to the Case Processing Centre in Vegreville, Alberta (CPC-V).
Eligibility Requirements for Spousal Sponsorship
To be eligible for spousal sponsorship, the sponsor must be a Canadian citizen or permanent resident who is at least 18 years old. They must also be residing in Canada or planning to return to Canada once their spouse or partner becomes a permanent resident. The sponsor must demonstrate the ability to provide for the basic financial needs of their spouse or partner for a period of three years.
Additionally, the sponsored person must meet certain eligibility criteria, including being in a genuine relationship with the sponsor and not being criminally or medically inadmissible to Canada. The specific requirements may vary depending on the category of spousal sponsorship (inland or outland) and the applicant’s status in Canada.
Application Process for Spousal Sponsorship
The application process for spousal sponsorship involves multiple steps and requires the submission of various forms and supporting documents. The sponsor must initiate the process by submitting an application to become a sponsor to the Case Processing Centre operated by the Government of Canada. The application will be assessed to determine if the sponsor meets the eligibility criteria.
The sponsored person’s permanent residence application can be submitted simultaneously with the sponsor’s application. The specific application forms required may vary depending on the category of spousal sponsorship and the applicant’s status in Canada. It is crucial to ensure that all forms are completed accurately and all necessary supporting documents, such as marriage certificates and proof of relationship, are included.
Once the application is submitted, it undergoes thorough assessment, including medical examinations and security/background checks. The processing time for spousal sponsorship applications can vary, but IRCC aims to process these applications within 12 months. It is essential to monitor the application status and provide any requested additional information promptly to avoid delays.
Benefits of Hiring an Immigration Consultant
Navigating the spousal sponsorship process can be complex and overwhelming. Hiring an experienced immigration consultant can greatly facilitate the process and increase the chances of a successful application. An immigration consultant can provide expert guidance, ensure all forms and documents are properly completed, and help address any issues or concerns that may arise during the process.
Additionally, an immigration consultant can assist in preparing strong supporting documentation to demonstrate the genuineness of the relationship and meet the eligibility requirements. Their expertise in immigration law and procedures can be invaluable in navigating the intricacies of spousal sponsorship.
Obtaining approval in principle for spousal sponsorship is a crucial step in the process of bringing a spouse or partner to Canada. Understanding the eligibility requirements, application procedures, and processing times is essential for a successful application. Whether opting for inland or outland spousal sponsorship, it is important to ensure all forms are completed accurately and all necessary supporting documents are included. Hiring an immigration consultant can provide valuable assistance throughout the process, increasing the chances of a positive outcome. With careful preparation and attention to detail, couples can look forward to being reunited in Canada through spousal sponsorship.
Contact us to discuss your spousal sponsorship needs and consult with our experienced immigration consultants today!
Disclaimer: The information provided in this guide is for informational purposes only and should not be considered legal advice. For personalized guidance and assistance with your specific case, it is recommended to consult with an immigration professional.
