Spousal Sponsorship Canada from the United States
Is it possible to sponsor my spouse or partner from the United States for Canada Immigration?
Yes, family reunification is one of the major goals of the Canadian Immigration system. Every year, many thousands of spouses and partners start a new life together in Canada, including several thousand on Spousal Sponsorship to Canada from the United States.
Spousal sponsorship from the United States to Canada is one of the main ways Canada achieves its objective of bringing families together. Canada welcomes over 80,000 new immigrants through family based visas every year, with the United States being a very popular source of Canada visa spousal sponsorships.
Via the family based spousal sponsorship Canada from the United States visa system, Canadian citizens and permanent residents are able to apply to sponsor their spouse, common-law partner, or conjugal partner from the United States to obtain Canadian permanent residence. The Department of Immigration, Refugees and Citizenship Canada (IRCC) recognizes same-sex relationships.
Do we make the application in Canada or the United States
If the sponsor is a full Canadian Citizen then the application can be made outside of Canada, in the United States or elsewhere.
If the sponsor is a Canadian Permanent Resident (and not yet a Citizen), the application cannot be made in the United States and must be lodged in Canada. If you are a Canadian citizen currently living abroad such as in the United States, you will need to demonstrate to IRCC you intend to live in Canada with your partner from the United States upon them gaining permanent residence. Permanent residents looking to sponsor their partner from the United States must reside in Canada at the time of submitting their sponsorship application.
How to sponsor your spouse from the United States.
The spousal sponsorship to Canada from the United States process for spouses and common-law partners of Canadians who live in the United States
Eligibility criteria for sponsors of the United States Citizens
The eligibility criteria to sponsor your loved one from the United States is as follows:
- You must be at least 18 years old
- You must be a Canadian citizen or permanent resident
- You must not be on Government benefits (apart from disability)
- You must show you can meet the financial needs of your loved one in Canada, via form 5532
Who you can make an application for Spousal Sponsorship Canada from the United States
Sponsored individuals from the United States must be at least 18 years old and fall under one of the following groups:
- Spouse: This means your the United States partner is legally married to you.
- Common-law partner: This means your the United States partner is not legally married to you, but has been living with you for at least 12 consecutive months.
- Conjugal partner: This means your the United States partner is not legally married to you, has been in a relationship with you for at least one year, resides outside of Canada in the United States or elsewhere, and is unable to marry you due to a cultural, religious, or legal obstacle.
How to submit your sponsorship application for your spouse from the United States
You need to submit two spousal sponsorship applications for your the United States spouse to the IRCC at the same time.
- the sponsorship application
- The permanent residence application.
Step 1: Confirm you meet the eligibility criteria to sponsor your spouse from the United States
Step 2: Get the application package from the IRCC’s website
Step 3: Pay all required fees on IRCC’s website. Examples of fees include processing, right of permanent residence, and biometrics fees for you the United States spouse
Step 4: Send both applications together to IRCC by post
Once the IRCC approves the application to sponsor your spouse from the United States for Canada Immigration , you and your partner must fulfill certain obligations. You are financially responsible for your loved one from the United States for at least three years. Your partner from the United States is not allowed to sponsor another person for five years after they obtain Canadian permanent residence.
Spousal Sponsorship Canada from the United States Checklist
The first step in Spousal Sponsorship Canada from the United States is to make sure you are eligible.
Are you a Canadian citizen, or permanent resident? Are you over the age of 18? Can you financially provide for your spouse from the United States, any dependent children, and yourself?
These are some of the basic questions that determine your eligibility for Spousal Sponsorship Canada from the United States. From here, things get a little more specific. For instance, you can sponsor your partner from outside Canada in the United States yet only if you have full citizenship status. You also have to show in your application that you plan to settle in Canada (not the United States) when your spouse from the United States gets permanent residency status. Unlike Canadian Citizens, Permanent Residents cannot sponsor their spouse from outside of Canada.
Spousal Sponsorship Quebec Canada from the United States
If you live in Quebec, you have to fulfill certain eligibility requirements for Quebec as well as at the Federal level. You can find out more at the Quebec government website.
Financial Requirements for Spousal Sponsorship Canada from the United States
The Sponsor cannot be receiving Government social assistance unless it’s disability benefit, or maternity, parental, or sickness assistance. In most cases, there is no minimum income cut off for sponsoring spouses from the United States, common-law partners, and children. There will only usually be an income assessment if your Spouse from the United States has a dependent child who of their own.
What can make me ineligible for Spousal Sponsorship Canada from the United States
Certain circumstances could make you ineligible to sponsor your Spouse from the United States to Canada. As well as violent criminal offenses, you could also be ineligible for other reasons such as bankruptcy, or if you sponsored a previous spouse within three years of your application.
If you were a sponsored spouse from the United States now with Canadian permanent residency, you cannot sponsor a new spouse within five years of your landing in the country.
Once you confirm your own eligibility, the next step is to make sure that your partner in the United States is also admissible to Canada.
Is my spouse from the United States eligible to be sponsored?
Your spouse from the United States must be over the age of 18, and pass background, security, as well as medical checks.
The IRCC will check to see that your spouse from the United States is admissible. People with criminal convictions from the United States or elsewhere are generally refused.
The IRCC will want to be assured you and your partner from the United States are in a genuine relationship.
Onshore vs Offshore sponsorship for residents of the United States
If your partner is residing in the United States during the spousal sponsorship application process, you will be considered an offshore applicant. Canadian citizens can live in the United States while the Spousal Sponsorship from the United States is being processed. If you are only a Permanent Resident of Canada you must make the application while in Canada. Even if you are a Canadian Citizen living in the United States looking to sponsor your spouse or partner you must demonstrate clearly your intention to move to Canada after the visas have been granted.
If you and your partner from the United States are already living in Canada, you will usually be classed as an onshore Spousal Sponsorship case. The benefit of an inshore application is that your spouse from the United States may be eligible for an Open Work Permit while the case is being processed.
What documents do you need from the United States
Birth certificates and any death certificates need to be the original certifications issued by the United States and on official paper.
If there is no record of birth registration in the United States the IRCC will accept copies of the United States baptismal certificate, hospital or medical birth records, the United States school records, old passports, or the birth certificate issued by the local civil registrar in the United States.
If you were married in the United States, you will need the original marriage certificate. If you are not married then your partner will need a Certificate of no record of marriage.
What happens after the application is lodged?
The processing of your Spousal Sponsorship Canada from the United States begins once the IRCC receives your completed application and documents. The Spousal Sponsorship Canada visa processing time is 12 months.
During this time the IRCC asks for biometrics and a medical for the spouse, and may request an in-person interview at any time. It is possible to track and update your application online. The last step is to complete the landing process. After that, you have officially immigrated to Canada via Spousal Sponsorship Canada from the United States.
Spousal Sponsorship Canada from the United States