Consider Applying For Spousal Sponsorship Inside Canada? Be Aware How To Avoid The Refusal.
Before applying for a spousal sponsorship inside Canada it is crucial to study all the requirements to sponsor a spouse or a common-law partner under Canadian immigration law. However, it is not enough. There is a number of peculiarities in the Canadian immigration system which should be taken into consideration before filing sponsorship applications.
Let’s explore spousal sponsorship inside Canada and how to avoid the refusal of your application.
What is spousal sponsorship inside Canada?
For sponsoring a spouse or a common-law partner within Canada it is required:
- the sponsor live together with his/her partner in Canada;
- the sponsor must physically reside in Canada (or demonstrate the intention to permanently reside in Canada);
- the sponsor and his/her partner should have (and prove) a genuine relationship;
- the sponsor should prove financial stability to support the sponsoring partner.
Be aware of the factors that might cause a refusal of your sponsorship application and learn the ways how to avoid the undesired consequences.
Important Considerations for Spousal Sponsorship within Canada
1) If you or your client came to Canada as a sponsored spouse or common-law, you should be aware of 5-year Sponsorship Bar. This rule means that if you were sponsored to enter Canada, you are not eligible to be a sponsor yourself within the next 5 years, even when you get you Canadian citizenship during this period.
2) In some cases a sponsored spouse or common-law partner might be granted 2-years conditional permanent residence to obtain spousal sponsorship inside Canada. By having conditional permanent residence the sponsor and the sponsored partner have to live together for a specified period.
3) Spouses without legal status in Canada might be subject for exemption based on humanitarian and compassionate grounds. Check whether you are eligible to apply for H&C consideration to get a spousal sponsorship inside Canada.
4) While the sponsorship application is in progress, a sponsored spouse or partner is not recommended to travel outside Canada. Any trips to other countries may influence the fact of cohabitation between the sponsor and his/her partner, what can become the cause of sponsorship application refusal.
5) It is advised to apply for work or study permit at the same time of applying for permanent residence. According to Open Work Permit Pilot Program, an applicant for permanent residence under a spouse or common-law partner class will be able to bridge the gap between the preliminary approval and the final decision of receiving a permanent residence.
6) If spousal sponsorship application was refused, there is no right to appeal to the Immigration Appeal Division (IAD). However, you can challenge the decision by appealing to the Federal Court for judicial review.
7) It is necessary to understand that a sponsor is responsible for providing the basic requirements for a sponsored person and the members of his/her family who comes to Canada with a sponsored individual for “the period of 3 years following the day on which they become a permanent resident”. You can find the full list of sponsor’s undertakings in the Application to Sponsor, Sponsorship Agreement and Undertaking form on the CIC website.
