08/30/2022
Reuniting with a loved one is always exciting and happy. If your application for spousal sponsorship is denied, it can be very distressing. The paperwork and the people involved in the application have a big influence on the decision, and sometimes the refusal may potentially jeopardize the relationship. As such, it is vital to understand why applications of this type, which may often be very similar to one another, receive different outcomes. Some people believe that applying for spousal sponsorship is simple and that it is all about the relationship. However, the relationship cannot speak for itself. The crux of such applications lies in adequate and appropriate proof that satisfies the assessment of the relationship. The sponsor and the sponsored individual are both responsible for proving the relationship. As a result, in order to get a favorable outcome, they must know what to prove and how to present it, which is not an easy task. Let's find out some tips for spousal sponsorship application with Emma Kim Immigration Consulting.
1. Who can sponsor a spouse or common-law partner to come to Canada?
Anyone hoping to sponsor a spouse or common-law partner in Canada needs to be either a citizen or adult permanent resident of Canada capable of supporting him or herself financially and ensuring that the spouse will not need social assistance from the government. That means the sponsor must sign an undertaking, promising to give financial support for the basic needs of their spouse or partner and dependent children. Those basic needs are defined as:
• food, clothing, shelter, and other needs for everyday living, and;
• dental care, eye care, and other health needs not covered by public health services.
That undertaking is a binding promise of support. It is the sponsor’s responsibility to support the spouse or common-law partner for the length of the undertaking period even if the sponsor’s situation changes. This agreement cannot be canceled, even if:
• the person sponsored becomes a Canadian citizen;
• the couple divorces, separates or the relationship breaks down;
• either the sponsor or the sponsored spouse or common-law partner moves to another province or country, or;
• the sponsor experiences financial problems.
2. Who can be sponsored as a spouse or common-law partner under this pathway?
Under the spouse or common-law partner pathway, applicants can sponsor either their spouses or common-law partners. Sponsoring a person as a spouse requires that the marriage be a legally valid, civil marriage and this can be either between people of the opposite or same genders. These marriages are recognized for immigration purposes where the marriage:
• was legally performed in Canada, or;
• if performed outside of Canada, the marriage was legally
recognized in the country where it took place and in Canada.
Canada’s immigration department no longer recognizes marriages performed outside of Canada by proxy, telephone, fax, internet, and other forms of marriage where one or both persons are not physically present at the ceremony. Common-law relationships recognized by the IRCC can be two people of either opposite genders or the same gender provided they have been living – or have lived – with that partner for at least 12 consecutive months in a marriage-like relationship. A conjugal partner is defined as existing where the sponsored person:
• is living outside Canada;
• has been in a conjugal relationship with the sponsor for at least one year, and;
• could not live with the sponsor as a couple because of reasons beyond their control, such as a barrier to immigration, religious reasons, or matters related to sexual orientation.
A conjugal partner can be sponsored if:
• there is a significant degree of attachment between the two of them, implying not just a physical relationship but a mutually interdependent relationship, and;
• the two have been in a genuine relationship for at least 12 months where marriage or cohabitation wasn’t possible because of barriers such as sexual orientation or religion.
3. How to prove the validity of the relationship in the application?
In order to get the sponsorship application approved, it is very important to document every detail to prove your relationship is authentic. These documents will be helpful to prove the validity of your relationship.
• Letters from friends and family members supporting your genuine relationship
• Financial dependency documents such as joint bank accounts, property ownership, and collective investments
• Showing trust in each other such as mentioning the other person as your beneficiary in your will or life insurance
• Cohabitation documents such as joint property lease agreements or similar addresses on bills or government-issued documents
• Photos of you on different occasions with your partner
• Documents showing your wedding reception or ceremony, etc.
• Financial transactions between both of you
• Having a child for that you are both the biological parents or adopted
• Email exchanges, chat history, phone call history, etc.
4. Preventable Spousal Sponsorship Application Delays
When sponsoring a spouse to Canada, approval from IRCC can be delayed or even completely withheld for many reasons.
• Something in the application looks suspicious. Authorities might suspect immigration fraud if, for example, an application on behalf of a common-law partner contains sketchy documentation to prove the couple actually lived together and combined their affairs during the period in question. Even something as innocuous as separate bank accounts (or a joint bank account opened a few days before the application was filed) can raise an alarm.
• Any missing documentation. For example, the couple forgot to submit required forms or supporting documentation, or forget to include translations of foreign-language documents
• Gaps in personal history. Never leave any gaps when completing the "Schedule A - Background / Declaration" form (IMM 5669)
• Missing or substandard information. If required information is omitted or the sponsorship application contains information that is illegible, it will likely not be approved
• Small errors are a common cause of sponsorship delays. One example of a "small error" that can delay processing is submitting a foreign language document, such as a marriage certificate, that was translated abroad by a translator who forgot to include a notarized declaration that the translator is qualified and that the translation is accurate. Even including such a declaration with the translation will not be sufficient if the translator forgets to have it notarized, or if he has it certified by an authority other than a notary public. Since these kinds of "minor" mistakes can result in major delays, it pays to be extremely thorough and detail-oriented when preparing your application.
Questions about spousal sponsorship to Canada? Contact our Canadian immigration team today for a free consultation.
