Spouse Visa Canada FAQ

Spouse Visa Canada - How to Apply Canadian Spouse Visa 

Frequently Asked Questions About Canada Spousal Sponsorship  or Canada spousal sponsorship program

1. What types of relationships are covered under the Canada spousal sponsorship program OR Spouse Visa? The program covers three main types of relationships: spouses (legally married partners, with the marriage recognised by Canadian law), common-law partners (those who have lived together in a marriage-like relationship for at least one year, including both same-sex and opposite-sex couples), and conjugal partners (couples who cannot live together or marry due to exceptional circumstances, such as sexual orientation, religious beliefs, or other significant barriers, but demonstrate a strong attachment and mutual dependence).
2. What are the key eligibility requirements for a Canadian citizen or permanent resident to sponsor their partner? To be eligible, a sponsor must be at least 18 years old, a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident, must reside in Canada, must not be receiving social assistance (except for reasons of disability), must agree to financially support their partner, and, if sponsoring a spouse, the marriage must be legally valid. The sponsor also needs to provide proof of their eligibility, such as a passport, PR card, proof of residency and financial stability.
3. What kind of financial responsibility does a sponsor have for their sponsored partner  for Spouse Visa, and for how long? The sponsor is financially responsible for their sponsored partner for three years from the day the partner becomes a permanent resident. This financial responsibility includes providing for their basic needs, such as food, shelter, clothing, and other essential expenses. Failure to meet these obligations can lead to legal consequences, including reimbursement of social assistance benefits provided to the sponsored partner.
4. How do I prove the genuineness of my relationship in my application  for Spouse Visa? The application must demonstrate that the relationship is genuine and was not entered into primarily for immigration purposes. The type of proof required varies depending on if the applicant is living inside or outside of Canada. For those living together in Canada, this can be done through joint ownership documents, shared utility bills, documents showing the same address, financial support evidence, and relationship recognition from friends and family. For couples not living together, acceptable proof may include letters, texts, call logs, proof of visits (stamps on a passport), and relationship recognition through family and friends. All applicants should provide photos of the relationship over time, a relationship letter detailing the day you met and the relationship development.
5. If my spouse and I live together in Canada, under what category should we apply  for Spouse Visa  or Sponsorship and what are the key differences? If you and your spouse live together in Canada, you would typically apply under the Inland Spousal Sponsorship. If your spouse is living with you but plans to travel to their home country you will apply under the Family Class. Key differences affect where the case will be processed. Inland spousal sponsorship applications are processed in Mississauga, Ontario, while Family Class applications are processed in Sydney, Nova Scotia.
6. What are some common challenges in spousal sponsorship applications or Spouse Visa, and how can I address them? Common challenges include application delays, the sponsor or applicant having past criminal records, complicated family situations involving prior relationships and children, ineligibility due to past sponsorship bars, and application refusals. To address these challenges, you must stay informed about processing times, ensure all documentation is complete and accurate, seek expert advice if needed, provide rehabilitation documents for past crimes if they fall within the rehabilitation timelines, provide additional documentation to support complex family situations, and appeal refusals with additional evidence and potentially legal help.
7. What is the “spousal sponsorship bar”, and how does it affect sponsorship eligibility? The "spousal sponsorship bar" refers to restrictions on sponsoring a new partner if a sponsor previously sponsored another partner for Canadian permanent residency. The "3-year bar" applies if the previous partner became a permanent resident, and in this case, the sponsor cannot sponsor another partner for five years from when the previous partner became a permanent resident. The "5-year bar" applies to individuals who themselves were sponsored for permanent residency, and cannot sponsor a new partner for 5 years from the day that they became a permanent resident.
8. What can my partner and I do while waiting for the sponsorship application or Spouse Visa Application to be processed? While waiting for the sponsorship application, the sponsored partner can stay in Canada and apply for an open work permit once their spousal sponsorship application has received an Acknowledgement of Receipt (AOR). If the sponsored partner is in Canada on a temporary visa, such as a visitor visa or study permit, they can generally remain as long as their visa remains valid and they adhere to its conditions. It's important to ensure all legal permissions are in place for working or studying during the application process.