Canada Immigration Q&A On Spouse and Family Sponsorship

Spouse and Family Sponsorship is one of the pillars of immigration to Canada program

One of the benefits that Canada immigration applicants enjoy is the ability to add their family as dependents and bring them to Canada. Dependents can include a person’s spouse, children of a specified age range, and even a common law partner. Meanwhile, sponsorship of one’s parents is also possible once the person has already settled in Canada.

There are, however, certain issues that may arise during the application process. Below, we look at several questions dealing with these kinds of application:

Question: I am a professional living in the USA and I’m planning to immigrate to Canada. I’m in a same sex relationship and I want to include my partner as dependant in the application. Is that allowed? Also, my partner has no status in the US—will that be an issue? Thank you very much.

Answer: If you qualify under Canada’s occupation list, your application’s chances of getting approved will be faster. It is also possible to include your partner as dependant since same sex relationships are allowed, but only if you and your partner have already lived for more than a year. And, his status in the US will not be a problem at all.

Question: I am a Filipino whose permanent residency application to Canada has been approved. I am in a same sex relationship with a fellow Filipino, and I want to sponsor my partner. We were not able to get married in the Philippines because our relationship wasn’t valid in the Philippines, but we could marry in Canada. Will there be any problem with this set up?

Answer: No, there won’t be any problem. Sponsoring your partner is possible, and you don’t even have to get married. Common law partners are qualified for sponsorship, including those in same sex relationships.

Question: Last year, I filed for sponsorship of my parents to Canada, but the processing seems to be taking too long. Can we do anything to speed up the processing time?

Answer: You share this dilemma with many individuals who have sponsored their parents, and the lengthy processing time is due to the fact that spouse and children sponsorships receive higher priority over parental sponsorships. This is not likely to change soon, but you can take advantage of the new policy that promotes issuance of long-term multiple entry visas to parents with a permanent residence application. Check out this new policy to find out how your parents can enjoy this.

Question: I’m a Canadian citizen who has been living in the US for more than 10 years now with no status. While in the US, I have married a Filipina who has no status as well. I plan to return to Canada, and I want to bring her with me. Once we are in Canada, I plan to sponsor her. What do we need to do to make this possible?

Answer: You returning to Canada will not be a problem because you’re a Canadian citizen, but you will likely have a problem with your spouse. She will be needing a visa to enter as visitor, but she’s not likely to get one from the Consulate in the US because of her status. If you want to sponsor her for permanent residency, you need to do it outside of Canada. Once the application is approved, you can now enter Canada with her.

Question: My wife divorced me years ago when she went to Canada to work and then met someone there, whom she married after our divorce. She is a Canadian citizen now. Months ago, she came home for a visit and we got back together. She has now filed a divorce from his husband and is planning to sponsor me to Canada later on. Is this possible?

Answer: Yes, that is possible, but this can arouse suspicion among the immigration officer. It could appear like the entire situation is a scheme for your wife to get to Canada and then bring you later on. Be sure you have complete supporting documents to back up your application.

Question: I have heard about the possibility of filing for spouse sponsorship inside and outside Canada. What is the difference, and what is the better option?

Answer: The only difference between the two is this: filing of application outside of Canada means processing will be done abroad. The applicant does not necessarily need to leave and be outside of the country, although he would need to go out and travel when there are interviews. Processing of applications filed outside is faster and there is an automatic right of appeal in case of a refusal, something that is not available among applications done inside Canada.

Disclaimer: The immigration article posted above does not substitute as a legal advice on immigration issues. Consult or get the services of a qualified Toronto or Alberta immigration attorney to look into your case or you may choose a qualified immigration professional in your city or country. Use due diligence in doing so.

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3 thoughts on “Canada Immigration Q&A On Spouse and Family Sponsorship

  1. The father of my children is already a canadian citizen.he had been there for almost 10yrs.when he migrate he is already married to somebody here in the philippines and settled there.will it be possible for him to help us migrate to canada?we have to kids.and after a long time he came home and stayed with us for a month his vacation from work.we have constant communication eversince

  2. Iam a canadian citizen in commonlaw relationship with my spourse who is a Refugee claimant in Canada and his claim had been rejected. He was given an option for Judicial review. At the same time we have being in commonlaw relationship for about one to two years now.Im about to fill in Spourse Sponsorship for him. we have prove of our relationship.Is this something we can do to make our relationship continue together in Canada. Please advise.

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