Bringing Spouse and Children to Canada: Everything You Need to Know

Are you planning on moving to Canada and wondering if you can bring your spouse and children with you? Well, you’re in the right place! In this article, we will cover everything you need to know about bringing your spouse and children to Canada. Whether you’re a Canadian citizen, a permanent resident, or a temporary worker, we’ve got you covered. From the eligibility requirements to the application process, we will guide you through the steps to ensure a smooth and successful reunion with your loved ones in the Great White North. So, let’s get started and make your dream of a family reunion in Canada a reality!

Eligibility for Sponsorship

Who can sponsor their spouse and children?

As a Canadian citizen or permanent resident, you have the opportunity to sponsor your spouse or common-law partner, as well as your dependent children, to come and live with you in Canada. You must be at least 18 years old and meet certain requirements in order to be eligible to sponsor your family members.

What are the eligibility requirements for the sponsor?

To sponsor your spouse or common-law partner, you must be a Canadian citizen, a permanent resident living in Canada, or a person registered in Canada as an Indian under the Canadian Indian Act. You must also prove that you are not receiving social assistance (unless due to disability) and that you can financially support your spouse or partner. Additionally, you must commit to providing for the basic needs of your sponsored family members and ensure they do not need to seek social assistance.

Spousal Sponsorship Process

Understanding the spousal sponsorship process

The spousal sponsorship process involves different stages and can be complex. It is important to familiarize yourself with the process to ensure a smooth and successful application. The process typically involves submitting an application to Immigration, Refugees and Citizenship Canada (IRCC), providing supporting documents, undergoing background checks, and attending an interview if necessary.

How long does the sponsorship process take?

The processing time for spousal sponsorship applications can vary depending on several factors, such as the volume of applications received by IRCC, the accuracy and completeness of your application, and any additional background checks that may be required. On average, the processing time can range from 12 to 18 months. However, it is important to note that processing times are subject to change and can sometimes be longer or shorter than the average.

What are the documents required for spousal sponsorship?

When sponsoring your spouse or common-law partner, you will need to provide various documents to support your application. These may include proof of your Canadian citizenship or permanent residency, documents confirming your relationship with your spouse or partner, such as marriage certificates or joint bank accounts, proof of your financial ability to support your spouse, and additional documents as required by IRCC. It is crucial to ensure that all documents are complete and accurate to avoid delays in the application process.

What is the cost of spousal sponsorship?

There are fees associated with spousal sponsorship applications. These fees are subject to change and it is important to check the current fees on the IRCC website. The main fees typically include an application processing fee, a right of permanent residence fee, a biometrics fee (if applicable), and additional charges for any dependent children included in the application.

Sponsorship Undertaking and Responsibilities

What is a sponsorship undertaking?

A sponsorship undertaking is a legal agreement between the sponsor and the Canadian government. By signing this undertaking, the sponsor agrees to financially support their sponsored spouse or partner and any dependent children for a specified period of time. The undertaking is a commitment to provide for their basic needs, such as food, shelter, and clothing, and to support them without requiring social assistance.

What are the sponsor’s responsibilities towards their spouse and children?

As a sponsor, you have several responsibilities towards your sponsored spouse or partner and their dependent children. These responsibilities include providing for their basic needs, ensuring they do not need social assistance, and supporting their successful integration into Canadian society. Additionally, sponsors are responsible for any healthcare expenses not covered by public health insurance during the sponsorship period.

Family Class Immigration Programs

What are the different family class immigration programs?

Family class immigration programs offer different pathways to sponsor family members for immigration to Canada. The main programs include the Spouse or Common-Law Partner in-Canada Class, the Spouse or Common-Law Partner Overseas Class, and the Family Class sponsorship. Each program has specific eligibility criteria and requirements, and it is important to understand which one is suitable for sponsoring your spouse and children based on your particular circumstances.

Which family class program is suitable for sponsoring one’s spouse and children?

The Spouse or Common-Law Partner in-Canada Class is suitable if your spouse or partner is already in Canada with legal status, such as a visitor visa, work permit, or study permit. The Spouse or Common-Law Partner Overseas Class, on the other hand, is for sponsors whose spouse or partner is residing outside of Canada. Lastly, the Family Class sponsorship is applicable for spouses or partners who are already in Canada but without legal status.

Sponsoring Dependent Children

Who is considered a dependent child?

A dependent child is generally defined as an unmarried child under the age of 22 who does not have a spouse or common-law partner. However, there are certain situations where a child over the age of 22 may still be considered dependent, such as if they have been continuously enrolled in full-time education.

Can a sponsor include their dependent child in their application?

Yes, sponsors can include their dependent children in their spousal sponsorship application. It is important to provide the necessary documentation to prove the relationship between the sponsor and the dependent child, such as birth certificates or legal adoption papers. Including dependent children in the application allows for their immigration to Canada along with the sponsored spouse or partner.

What are the requirements for sponsoring dependent children?

When sponsoring dependent children, the sponsor must demonstrate that they have the financial ability to support the children and provide for their basic needs. The sponsor must also show that the dependent children are not married or in a common-law relationship. Additionally, sponsors must provide proof of the dependent children’s relationship to the sponsor, such as birth certificates or adoption papers.

Sponsoring a Spouse or Common-Law Partner

Who is considered a spouse or common-law partner?

A spouse is a legally married partner, whereas a common-law partner is an individual who has lived with the sponsor in a conjugal relationship for at least one year. To establish common-law status, couples must have cohabitated continuously for the one-year period without any significant interruptions.

What are the requirements for sponsoring a spouse or common-law partner?

The requirements for sponsoring a spouse or common-law partner include being a Canadian citizen or permanent resident, being at least 18 years old, and proving the authenticity of the relationship. Additionally, sponsors must provide evidence of financial ability to support the sponsored spouse or partner, as well as medical and criminal record checks.

How to prove the genuineness of a spousal relationship?

Proving the genuineness of a spousal relationship is essential in the sponsorship process. This involves providing various types of evidence to demonstrate the authenticity of the relationship, such as marriage certificates, joint bank accounts, photographs together, shared property, and testimonies from family and friends. It is important to present a comprehensive picture of the relationship to satisfy the requirements set by IRCC.

Processing Times and Fees

What factors can affect the processing times for spousal sponsorship?

Several factors can influence the processing times for spousal sponsorship applications. These include the volume of applications received by IRCC, the accuracy and completeness of the application, additional background checks, and any changes in government policies or regulations. It is important to keep in mind that processing times can vary and may be longer or shorter than the average.

How much does it cost to sponsor a spouse and children?

The cost of sponsoring a spouse and children includes various fees. These fees are subject to change and it is advisable to check the current fees on the IRCC website. The main fees typically include an application processing fee, a right of permanent residence fee, a biometrics fee (if applicable), and additional charges for any dependent children included in the application.

Medical and Criminal Checks

Are medical and criminal checks mandatory for spousal sponsorship?

Yes, medical and criminal checks are mandatory for spousal sponsorship applications. These checks help ensure that sponsored individuals do not have any medical conditions that would pose a public health or safety risk in Canada, and that they do not have a criminal record that could impact their admissibility to the country.

What are the implications of a failed medical or criminal check?

A failed medical or criminal check can have implications on the outcome of the spousal sponsorship application. If the sponsored spouse or partner fails the medical examination or has a criminal record, it may result in their refusal of entry to Canada. However, in some cases, there may be options for mitigating the impact of a failed check, such as applying for medical or criminal rehabilitation.

Inland versus Outland Sponsorship

What is the difference between inland and outland sponsorship?

Inland sponsorship refers to sponsoring a spouse or partner who is already in Canada with legal status. Outland sponsorship, on the other hand, is for sponsoring a spouse or partner who is residing outside of Canada. The choice between inland and outland sponsorship depends on the specific circumstances, as each option has its own advantages and considerations.

Which option is more suitable for sponsoring a spouse and children?

The choice between inland and outland sponsorship depends on several factors, such as the legal status of the spouse or partner, the desire for the spouse or partner to come to Canada as soon as possible, and any potential legal implications. In general, if the spouse or partner is already in Canada with legal status, inland sponsorship may be more suitable. However, it is recommended to consult with an immigration professional to determine the most appropriate option.

Common Challenges and How to Overcome Them

What are some common challenges faced during spousal sponsorship?

Some common challenges faced during spousal sponsorship applications include delays in processing times, requests for additional documentation, changes in immigration policies, and meeting financial requirements. Language barriers and cultural differences can also pose challenges for sponsored spouses or partners in adapting to life in Canada.

How to overcome delays and hurdles in the sponsorship process?

To overcome delays and hurdles in the sponsorship process, it is crucial to ensure that the application is complete and accurate, with all supporting documents provided. Keeping track of processing times and maintaining regular communication with IRCC can help address any concerns or follow-up requests promptly. Seeking guidance from an immigration lawyer or consultant can also provide valuable insights and assistance throughout the sponsorship process.

By understanding the eligibility requirements, sponsorship process, responsibilities, and relevant considerations, you can navigate the spousal sponsorship journey with confidence and bring your spouse and children to Canada to build a life together. Remember to stay informed, seek guidance when needed, and provide complete and accurate documentation to ensure a successful application.