The spousal Sponsorship program allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner to come and live in Canada as a permanent resident. The primary objective of this program is to promote family reunification and to keep families together.
For the sponsorship to be considered genuine and eligible, Immigration, Refugees and Citizenship Canada (IRCC) places a strong emphasis on proving that the relationship is legitimate and not entered into for the sole purpose of immigration benefits.
What is a Genuine Relationship?
For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.
The factors commonly used as a guide in determining the genuineness and primary purpose of a marriage in the Chavez. The factors can include, but are not limited to:
• the intent of the parties to the marriage;
• length of the relationship;
• amount of time spent together;
• conduct at the time of the meeting,
• engagement, and/or the wedding;
• behaviour subsequent to the wedding;
• knowledge of each other’s relationship histories;
• level of continuing contact and communication;
• financial support;
• knowledge of and sharing of responsibility for the care of children brought into the marriage;
• knowledge of and contact with extended families; and
• knowledge about each other’s daily lives.
All of these factors may be considered in determining the genuineness and primary purpose of a marriage and, in each case, the factors may carry different weight. The primary purpose part of the test – whether the relationship was entered into primarily for the purpose of acquiring any status or privilege under the IRPA.
In addition, to apply for spousal sponsorship, the sponsoring partner must meet certain financial requirements to ensure they can support the sponsored spouse in Canada without relying on social assistance.
Additionally, the sponsored partner must undergo medical and security checks to ensure admissibility to Canada.
Contact us to speak to the Vancouver Immigration lawyer at YA Law Corporation.