Sponsoring a spouse: Fully understanding the concept

December 7, 2020 · 11:33 pmImmigration
Sponsoring a spouse: Fully understanding the concept

A Canadian or permanent resident of Canada can sponsor their spouses to Canada
meaning that they can be accepted in Canada as permanent residents. Many are confused
in thinking that, if they are Canadians or permanent residents (PR) their foreign spouses
are automatically entitled to receive an immigration status in Canada.
Immigration is not a right, but a privilege.
What does this mean in practical terms? It means that the applicants must be persuasive in
their applications to warrant a positive result. The government does not just grant it. As a
firm, we have the due diligence to present your case in the best way possible. You may
wonder why it was not enough that you submitted your marriage certificate and a few
photos of yourself and your spouse together in your package for your sponsorship
application.
Think about how many applications the Canadian government receives, your application
has to pass regulatory admissibility (the government considers criminality, security and
misrepresentation). Accustomed to a sea of fraudulent applications, their duty is to
discern a genuine relationship. Your duty is to present one. Even if your relationship is
genuine, but you do not convey it in the proper manner, you can simply be denied.
Let us share an anecdote with you…
A distraught client arrived at the office – he had been denied his sponsorship application
for his wife. He was a Canadian singer, who was sponsoring his Australian wife who was a
journalist. To his surprise, his application had been denied, and he decided to come to our
firm for a second attempt.
Through asking the right questions, we brought forth a compelling love story. The client
told us about his journey and we made sure to gather detailed photographs of when,
where and why events occurred and present it in such a way that this time around, the
couple did not even have to go through a personal interview. The case officer who
examined their case was more than satisfied regarding the genuineness of their marriage.
Some, however, are of the opinion that our immigration officials must grant them
(foreign spouses) permanent residence only by virtue of being the spouse of a Canadian.
This is the wrong approach.
If you’ve been denied in the past, are thinking about restructuring your application, or feel
lost in how to begin, let us help you share your story, and create a new one with your
spouse, in Canada.

What is the spousal sponsorship process?

Spousal sponsorship lets a Canadian citizen or permanent resident sponsor a spouse, common-law or conjugal partner for permanent residence. The core requirement is proving the relationship is genuine. You can apply through the inland or outland stream, each with different features.

StreamBest forNote
InlandCouples living together in CanadaApplicant may qualify for an open work permit
OutlandPartner living outside CanadaProcessed via a visa office; partner can travel

Sponsorship applications are filed with IRCC; Karb Law’s legal team assists with the full process. If a sponsorship is refused, Angelina Shuster can represent you on a sponsorship appeal to the Immigration Appeal Division.

FAQ

Frequently asked questions

What is the difference between inland and outland spousal sponsorship?

Inland sponsorship is for couples living together in Canada and may let the applicant get an open work permit while waiting. Outland sponsorship is processed through a visa office and is generally used when the sponsored partner is outside Canada, though they can still travel.

How do I prove my relationship is genuine?

Provide evidence such as joint finances, shared residence, communication history, photos together over time, and statements from people who know you. Consistent, well-organized documentation showing the relationship’s history is what officers look for.

Official resources

External links are provided for general information only and are not legal advice.

Angelina Shuster — Licensed Paralegal, Karb Law
Written by

Angelina Shuster

Licensed Paralegal · Law Society of Ontario

Angelina Shuster is a paralegal licensed by the Law Society of Ontario with 25 years of experience in Canada. Based at Karb Law’s office in Richmond Hill, she represents clients across Ontario and in immigration matters throughout Canada, and has helped thousands of people with immigration and legal matters — refugee claims, appeals, admissibility and detention reviews before the Immigration and Refugee Board, and summary-conviction criminal matters.

More about Angelina & Karb Law →
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