Spousal Sponsorships - IN CANADA

When it comes to falling in love to a non-Canadian resident or citizen, I constantly hear that falling in love was the easy part and getting that soul-mate to Canada was the real challenge. It shouldn’t have to be that way, but for many it is.

There are a number of approaches that people can take when deciding how, where and when to sponsor a spouse’s immigration application. Generally, there are two options, applying from within Canada or applying outside of Canada. This month I will focus on the in-Canada approach. Watch for my article next month when I focus on the outside of Canada option.

To sponsor a spouse from within Canada, the basic requirements are that the spouse and sponsor live together in Canada, that the sponsored spouse has legal status in Canada and that the sponsor has filed an application to sponsor. There is a policy based exception to these basic requirements for spouses who do not have legal status in Canada. Such spouses may request an exemption from the requirement to be in status on humanitarian and compassionate grounds. The policy related to this exemption is quite detailed and not all applicants are entitled to the exemption. Check with Citizenship and Immigration Canada (CIC) or your immigration representative before relying on it.

Sponsored spouses have to fill out a variety of forms, take medical examinations, complete criminal background checks, pay processing fees and submit a pile of evidence of their relationship with the sponsor. Applications within Canada are filed at the CIC case processing centre in Vegreville, Alberta and straightforward cases currently take about 4-5 months to process. Complicated cases take longer and are referred to local CIC offices where the sponsor and spouse may be interviewed by an immigration officer.

While an application is in process, the sponsored spouse must stay in status and reside with the sponsor in Canada. As such, trips outside of Canada during processing are not usually advised. If an applicant leaves the country, even for a short vacation, and is not granted re-entry, that may have the effect of ending cohabitation between the spouses and will terminate status in Canada and therefore the spouses may fall outside of the basic requirements and the application may be refused.

If the application receives preliminarily approval, an in-Canada applicant will be entitled to apply for a work permit or study permit to bridge the gap between preliminary approval and getting an appointment to be landed as an immigrant. There is often a few month wait to get landed after preliminary approval.

A great tip is to apply for a work permit or study permit at the same time that an application is made for permanent residence (in the same envelope). That way an officer in Vegreville can issue a permit at the same time that the sponsorship application receives preliminary approval. This way, the applicant can make the most of the time between preliminary approval and landing, without having to file and wait for a permit.

If the application is refused, there is no right of appeal, so make sure you do a thorough job on your application and that you qualify under the program before investing time, money and effort into your application.


Ryan N. Rosenberg, B.A., LL.B., is a immigration lawyer with Larlee & Associates Law Corporation in Vancouver, B.C. Contact Ryan by e-mail at Ryan.Rosenberg@larlee.com or by phone at 604-681-9887.