Spousal Sponsorship in Calgary, AB
Rely on Pilkington Law Firm to guide you through the steps of spousal sponsorship in Calgary, AB. Your dedicated spousal sponsorship consultant is available to ensure you receive the quality care and attention your case requires. Navigating the ins and outs of the immigration process for spousal sponsorship in Canada can be confusing and time-consuming. Our firm of dedicated cross-border immigration consultants is here to offer legal guidance for you and your spouse when you need it the most. Reach out to the staff at Pilkington Immigration - Calgary to set up an appointment to discuss your spousal sponsorship options.
Understanding Spousal Sponsorship in Canada
There are two types of applications to obtain a Canadian spouse visa. These include spouse and common-law sponsorship.
- Outside Canada Spousal Sponsorship:Your application will be processed through the visa office in the sponsored spouse's country of citizenship or where they legally reside (if outside Canada). You can still apply under this category if you and your spouse or common-law partner live together in Canada. Applying under this category will make you eligible to appeal a refusal to the Immigration Appeal Division.
- Inside Canada Spousal Sponsorship (Spouse or Common-Law in-Canada category): Your application will be processed in Canada, and you and your sponsor must live together. The sponsored person must have temporary status in Canada as a worker, student, or visitor. The person being sponsored may be eligible for an open work permit.
You can sponsor the following persons and dependent children for Canadian Permanent Residence:
- Spouse: This includes a husband, wife, or partner, and the marriage must be legally recognized
- Common-law Partner: A person you are living with but not married to for at least 12 consecutive months
- Conjugal Partner: If your partner does not qualify under the Spouse or Common-Law category, but you are in a committed relationship equal to that of marriage for at least one year—there must be extenuating circumstances why you cannot live together
Canada recognizes same-sex marriages and partners and can apply under the above three categories. Furthermore, you can sponsor dependent children aged 21 or younger through the child sponsorship program.
Rules For Spouse Visa in Canada
To be eligible to sponsor a spouse in Canada:
- You must be a Canadian citizen or permanent resident living in Canada
- You must be 18 years of age or older
- You cannot be in prison, bankrupt, under a removal order, or charged with a serious offense
- You, yourself, cannot have been sponsored to Canada as a spouse within the last five years
- You cannot have committed a violent crime against a family member.
- To be eligible to be sponsored
- You must be at least 18 years of age
- You must not be too closely related by blood to the sponsor
- You must not be criminally inadmissible
Requirements that must be met to qualify for sponsorship under the three categories
- Your relationship is genuine and authentic and was not entered into primarily to acquire Permanent Residence. This can be proven inside Canada through cohabitation records such as utilities, insurance, lease, title, and bank accounts, as well as communications like chat and phone records from outside Canada.
- If your spouse or common-law partner applies in the spouse or common-law partner "In Canada class," they must live with you in Canada.
Humanitarian and Compassionate Considerations
25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, or 37 (terrorism, organized crime or human rights violations) — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.