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Spousal Sponsorship Canada: Eligibility Requirements for Sponsors and Sponsored Persons

Immigration remains one of the cornerstones of Canadian economic and social development. Though there are global upheavals and factors that affect the mobility of populations due to political and economic reasons, Prime Minister Justin Trudeau remains firmly committed to ensuring that Canada attracts global talent and is  confident of the country’s ability to welcome and integrate immigrants. Family reunification is one of the most important issues in successful integration into the new country. To this end, the Liberal government has put in new policies that streamline the process and ensure reduced processing time.

Spousal sponsorship rules undergo changes from time to time, based on the current political and social climate and global factors. Recently, events like the election of President Trump in the USA and Brexit in Europe have created new paradigms in immigration policies around the world.

Canada allows immigration under the Family Class program to ensure that families get reunited and are enabled to settle down swiftly and easily into the new country. In December 2016, new policies were framed to ensure this. Processing times have been reduced and the application process has been streamlined.

An experienced and knowledgeable Canadian Immigration Lawyer can assist you with the paperwork and procedures.

Sponsorship and Spousal Sponsorship

Permanent residents and citizens of Canada are allowed to sponsor designated members of their families to migrate to Canada. This process enables the sponsor to take financial responsibility for the sponsored person so that their basic needs are fulfilled and they do not become a burden on the host country.

Sponsorship of legally married spouse, conjugal partner or common-law spouse of either sex involves applying for a visa to bring a loved one to Canada. Canada recognizes same sex relationships and marriage.

Sponsors and spouses/partners should be:

  • Above 18 years of age
  • A permanent resident or citizen of Canada
  • Should not have been convicted of violent crime
  • Financially capable of supporting self and sponsored person for three years so that the sponsored person does not approach government agencies for assistance

Factors that May Prevent Eligibility

Though the regulations are straightforward and relatively simple, there may be certain factors that could affect a person’s eligibility to become either a sponsor or a sponsored spouse.

These include:

  • Complete lack of English/French skills of sponsored person
  • Significant age difference between Canadian sponsor and partner who is a foreign national
  • Previous record of unsuccessful attempts to bring the person to Canada
  • False statements and misrepresentation of facts in application by either spouse or sponsor
  • Previous record of illegal over-stay/deportation
  • Lack of sufficient supporting evidence of relationship
  • Criminal record
  • Serious financial instability of sponsor
  • Communicable disease like TB, AIDS, HIV, hepatitis etc
  • Sponsor has criminal history of domestic violence, sexual crime, child abuse
  • Sponsor is drawing social assistance other than for disability

If one or more of these factors is applicable in your case, you may need the services of an authorized Canada Immigration Consultant or Canadian Immigration Lawyer with a proven track record of success in dealing with such cases.

 

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