Spousal & Common-Law Partner Sponsorships

Family reunification is one of the most important cornerstones in the Canadian immigration system. In fact, that objective is written clearly in Canadian immigration legislation. Section 3(1)(d) of the Canadian Immigration and Refugee Protection Act (the “Act”) states that one of the objectives of the Act is “to see that families are reunited in Canada”.

At the Robert S. Sheffman Law Corporation we have represented many clients who have made successful family sponsorship applications, particularly for opposite- and same-sex spouses and common-law partners, and we continue to work in this important area. In this section we will draw attention to some of the main features of spousal and common-law partner sponsorship applications.

Main Pillars of Spousal & Common Law Partner Sponsorships

In a spousal or common-law partner sponsorship, a Canadian citizen or permanent resident may sponsor his or her foreign national spouse or common-law partner for Canadian permanent residence, subject to all of the legal requirements. At the end of the process the foreign national spouse or common-law partner obtains Canadian permanent residence status, and can thereafter live in Canada on a permanent basis as long as no events arise which could cause the loss of that status (for example, being convicted of a serious crime or failing to satisfy the “residency obligation”).

There are three main pillars of a spousal or common-law partner sponsorship:

1) the person who wishes to be the sponsor qualifies as such (read more);

2) the marriage or common-law relationship is genuine and was not entered into primarily for the purpose of acquiring any status or privilege under the Act
(read more); and

3) the foreign national who is being sponsored (plus any accompanying and non-accompanying dependents, as required by law) must successfully pass medical and security screening, and must not otherwise be inadmissible to
Canada (read more).

Where to Apply:
Key Differences Between Inside and Outside Canada Applications

Spousal and common-law partner sponsorship applications may be submitted to CIC at offices inside or outside Canada, and significant differences exist. Deciding where to submit an application requires an important strategic assessment, taking into consideration many things which are specific to each applicant, and when we act for clients on these applications we provide advice on this issue. Examples of some of the differences are as follows:

• applications submitted to CIC outside Canada are generally, but not always, processed quicker than applications submitted inside Canada; and
• applications sent outside Canada may carry an appeal right if an applicant properly makes a certain selection on one of the application forms, however no appeal right exists in relation to an application submitted in Canada.

There are additional factors which go into the process of deciding where to submit the application, and we provide advice to clients about where to submit the application having regard to all of the various factors.

Conclusion

As mentioned at the outset, family reunification is a very important component of the Canadian immigration system, and we are pleased to represent clients on their sponsorship applications.

This section is meant to provide general information only about spousal and common-law partner sponsorships, and is not intended to provide, nor should it be construed as providing, legal advice about your situation. The focus of this section is on spouses and common-law partnerships. It has not focused on the rules applicable to accompanying or non-accompanying dependents such as children, or other relationships which are eligible for family class sponsorship. Every person’s situation is different and each requires assessment by a person who is qualified to make that assessment. If you would like to have your situation assessed, please contact our office for a consultation.