What is a Spouse Sponsorship Visa?
A Spouse Sponsorship Visa, more formally known as Family Class Immigration, is a type of immigration program in Canada. This program allows Canadian citizens or permanent residents to sponsor their spouses or common-law partners to become permanent residents of Canada. The program is an essential part of Canada’s commitment to family reunification.
Who is Eligible to Sponsor?
Any Canadian citizen or permanent resident who is at least 18 years old can sponsor their spouse or common-law partner for Canadian immigration. However, there are certain conditions that the sponsor must meet:
- The sponsor must prove that they can provide the basic needs such as food, clothing, and accommodation to their spouse or partner.
- The sponsor should not have received any social assistance for reasons other than disability.
- The sponsor should not have been convicted of violent or sexual offenses, or any offense against a relative that results in bodily harm.
Who Can Be Sponsored?
The Spouse Sponsorship Visa Program allows sponsorship of the following:
- Spouse: This refers to the partner you are legally married to. This can be of the opposite or same sex.
- Common-law Partner Sponsorship: A common-law partner is a person of the opposite or same sex with whom you have lived continuously for at least one year in a conjugal relationship.
- Conjugal Partner: This refers to a partner, either of the opposite or same sex, with whom you have a conjugal relationship and could not live together due to certain exceptional circumstances.
The Application Process
The application process for a Spouse Sponsorship Visa consists of two parts:
- The sponsorship application: The sponsor fills this application to prove they meet the necessary requirements.
- The permanent residence application: The person being sponsored fills this application.
Before starting the application process, it’s advised to seek guidance from an immigration consultant who can help navigate through the complex process.
Inland Vs. Outland Application
There are two types of Spouse Sponsorship Visa applications – Inland and Outland:
- Inland Sponsorship: In an inland spousal sponsorship, the spouse or common-law partner being sponsored is already living in Canada with temporary status. During the application process, they have the option to apply for an open work permit, allowing them to work for any employer in Canada.
- Outland Sponsorship: In an outland application, the spouse or common-law partner being sponsored lives outside of Canada. While this process can often be quicker, the applicant does not have the same right to an open work permit.
The choice between Inland and Outland sponsorship depends on individual circumstances, such as where the sponsored spouse or partner is currently living and whether or not they wish to work during the application process.
Processing Time
The processing time for a Spouse Sponsorship Visa depends on various factors like the country of origin of the applicant, the accuracy and completeness of the application, and the current workload of the immigration offices. As of the time of writing, the general processing time can range anywhere from 12 months to 36 months.
Rights and Responsibilities
Upon successful application, the sponsored person becomes a permanent resident of Canada. They have the right to live, work, or study anywhere in Canada, apply for Canadian citizenship, and receive most social benefits that Canadian citizens receive, including health care coverage.
However, they must carry and present their valid PR card or permanent resident travel document (PRTD) when traveling to Canada, and remain in Canada for at least two years out of every five to maintain their status.
In conclusion, the Spouse Sponsorship Visa program is an excellent opportunity for family reunification in Canada. Although the application process can be challenging, the benefits of successful immigration far outweigh the initial effort. It’s always advised to seek professional help from an immigration consultant to ensure the accuracy and completeness of your application.
