The process for spousal sponsorship for Canadian citizens or permanent residents who are married to a foreigner involves several steps with Immigration, Refugees and Citizenship Canada (IRCC). Here’s a detailed overview:
1. Eligibility Requirements
- For the Sponsor (Canadian Citizen/PR):
- Must be 18 years or older.
- Must be a Canadian citizen or a permanent resident of Canada.
- Must not have sponsored a spouse within the last 5 years.
- Must meet financial requirements to prove the ability to support the spouse.
- For the Sponsored Spouse:
- Must be legally married to the sponsor. Common-law relationships may also be eligible, but they require proof of cohabitation for at least 12 months.
- Must undergo medical, criminal, and background checks.
2. Types of Sponsorship Applications
- Inland Sponsorship: If the spouse is already living in Canada. The sponsored person may also be eligible for an open work permit during the application process.
- Outland Sponsorship: If the spouse lives outside Canada, in this case, the application is processed by IRCC while the spouse continues to live abroad.
3. Application Process
- Step 1: Complete the Sponsorship Application forms and online forms:
- The package includes forms for both the sponsor and the spouse. This includes:
- Application to Sponsor (IMM 1344)
- Generic Application Form for Canada (IMM 0008)
- Additional family information (IMM 5406)
- Supporting documents (e.g., proof of relationship, financial documents, and police certificates).
- The package includes forms for both the sponsor and the spouse. This includes:
- Step 2: Pay the Application Fees:
- Sponsorship fee: CAD 570 for the principal applicant.
- Right of Permanent Residence Fee (RPRF): CAD 515.
- Biometrics fee: CAD 85.
- Additional fees for dependents if applicable.
- Step 3: Submit the Application:
- The complete package is submitted to IRCC, online.
- Step 4: Application Processing:
- Processing times vary, typically between 12-18 months for outland applications.
- During this time, IRCC may request additional documents, interviews, or medical exams.
- Step 5: Biometrics & Medical Examination:
- The spouse must provide biometrics and complete a medical examination by an IRCC-authorized panel physician.
- Step 6: Decision:
- If approved, the spouse receives a Confirmation of Permanent Residence (COPR) document and can become a Canadian permanent resident upon entry into Canada.
4. Post-Approval Steps
- Once the spouse becomes a permanent resident, they can apply for health coverage and a Social Insurance Number (SIN).
- A 3-year sponsorship obligation exists where the sponsor is responsible for supporting the spouse financially, even if the relationship ends.
5. Filing Fees (as of 2024):
- Sponsorship Fee: CAD $75
- Principal Applicant Processing Fee: CAD $570
- Right of Permanent Residence Fee (RPRF): CAD $515
- Biometrics Fee: CAD $85
- Dependent Child Fee: CAD $150 per child
At YA Law Corporation, we specialize in assisting Canadian citizens and permanent residents who are married in Canada or abroad to a foreigner through the spousal sponsorship process. Our experienced team of immigration lawyers and consultants is here to help you reunite with your loved ones in Canada and ensure a smooth transition for their move.
What We Offer
Our team will guide you through every step of the spousal sponsorship process, ensuring that all forms and supporting documents are completed accurately and on time. We understand the importance of bringing families together, and our goal is to make the process as efficient and stress-free as possible.