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Spousal Sponsorship

Unifying Love Across Boundaries: GM Law Firm’s Expertise in Navigating Spousal Sponsorship.

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Spousal Sponsorship with GM Law

Navigating the intricacies of immigration law can be daunting, but at GM Law, we aim to simplify the journey for our clients. Among our various services, we specialize in spousal sponsorship, a vital process for couples living across borders.

Understanding Spousal Sponsorship

Spousal sponsorship is a part of the Canadian immigration framework, designed to bring families together. It allows a Canadian citizen or a permanent resident of Canada to sponsor their spouse or common-law partner to immigrate to Canada.

The Canadian citizen or permanent resident, known as the ‘sponsor,’ must be at least 18 years old. The ‘sponsored person’ or the ‘applicant’ can be a spouse, common-law partner, or conjugal partner of the sponsor. The sponsored person, if successfully approved, is granted permanent residence and can live, work, and study anywhere in Canada.

The Mechanics of Spousal Sponsorship

Spousal sponsorship involves two primary parties: the sponsor and the person being sponsored (the applicant). The sponsor must be at least 18 years old and must be a Canadian citizen or permanent resident. The applicant, who is the spouse or common-law partner of the sponsor, must also be at least 18 years old and should be living outside of Canada or within Canada legally.

There are two types of spousal sponsorship applications:

Inland Sponsorship: This is when the sponsored person is residing in Canada during the application process. They can be in Canada as a visitor, student, or worker. Inland sponsorship allows the applicant to apply for an open work permit while their permanent residency application is being processed.

Outland Sponsorship: This is when the sponsored person is living outside of Canada during the application process. One of the advantages of Outland sponsorship is that the applicant can travel in and out of Canada while their application is being processed.

Eligibility for Sponsorship

In order to be eligible to sponsor a spouse, the sponsor must meet certain criteria. They must be at least 18 years of age, a Canadian citizen or a permanent resident, and must be able to prove that they are not receiving social assistance for reasons other than a disability. They also need to demonstrate their ability to provide basic needs for their spouse. Few of them are as follows:

Age Requirement

The first prerequisite to becoming a sponsor is the age requirement. The sponsor must be at least 18 years old. This requirement is based on legal considerations, as it's essential that the sponsor is able to enter into a binding agreement with the Canadian government.

Residency Status

The sponsor must be a Canadian citizen or a permanent resident. Canadian citizens living abroad can also sponsor their spouse, provided they can prove their intention to reside in Canada once the sponsored individual obtains their permanent resident status.

Financial Stability

The sponsor needs to demonstrate their financial ability to support the sponsored individual for a specified period. This implies the sponsor isn't receiving social assistance for reasons other than a disability. The sponsor must provide for the basic needs of the sponsored person, which includes food, clothing, shelter and other necessities of life.

No Unsettled Immigration Loans or Support Obligations

The sponsor should not have any outstanding immigration loans, late or missed payments or other sponsorship debts. If they had previously sponsored someone else, they should have met all the obligations of the past agreement.

Legal Status

The sponsor must not have been incarcerated or charged with serious offenses, especially those involving domestic violence or sexual assault. They should also not be under a removal order if they are a permanent resident.

Application Not Under Process

If the sponsor themselves were sponsored and became a permanent resident, they cannot sponsor a spouse within five years of becoming a resident.

Living Arrangements

In the case of Inland Spousal Sponsorship, the sponsored person must have legal immigration status in Canada. They could be a temporary worker, student or visitor.

GM Law’s Role in Spousal Sponsorship

Navigating the process of spousal sponsorship can be complex and involves a series of steps and a careful review of criteria. At GM Law, we offer comprehensive services to guide our clients through the entire process:

We begin with a thorough consultation to understand your situation and to advise you on the best route to take for sponsorship.

Our experienced team will assist you in preparing your application, ensuring it is accurately filled out and accompanied by the necessary documents.

We file the application on your behalf and follow up regularly on its status, keeping you updated throughout.

If any issues arise, we are quick to address them, taking necessary steps to ensure your application remains on track.

Once the application is approved, we guide you through the next steps, including the preparation for the arrival of your spouse.

With GM Law at your side, the process of spousal sponsorship becomes less daunting. We’re here to guide you every step of the way, ensuring your loved one is one step closer to calling Canada home. Eligibility for sponsorship is strictly assessed by Immigration, Refugees and Citizenship Canada (IRCC).

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