The permanent residents and Canadian citizens who are at least 18 years old and have financial resources can sponsor their spouses either living in Canada or outside the country to obtain Canadian permanent residency. The sponsor must also sign a sponsorship undertaking to financially support spouse for a period of three years. The sponsored spouse receives the conditional permanent residence for a period of two years during that time the sponsor and spouse must live in a legitimate relation together.The sponsored spouse must meet the medical, and security checks and failing to meet the medical and/or security requirements will make family member inadmissible to Canada.
Who is a Spouse?
A spouse is persons who is married to the sponsor and their marriage is legally recognized in Canada and place where the marriage ceremony took place.If you got married in Canada then you must must have a marriage certificate issued by the province or territory where the marriage took place.If you were married outside Canada:
- the marriage must be valid under the law of the country where it took place and under Canadian law, and
- the marriage, if performed in an embassy or consulate, must follow the law of the country where it took place, not the country the embassy or consulate represents.
When Spouse Can not be Sponsored?
The Immigration and Refugee Protection Act and Regulations excludes the persons from being sponsored as a spouse if:
- you are under age 16,
- you (or your sponsor) were married to someone else at the time of your marriage,
- your sponsor applied for permanent residence but did not include you on their application as someone who should be examined or
- your sponsor has sponsored another spouse, common-law partner or conjugal partner in the past, and three years have not passed since that person became a permanent resident (or five years if your application was received on or after March 2, 2012).
Apply for Sponsorship:
The spouse sponsorship is a two step process in which you are assessed for eligibility as a sponsor and if you qualify to sponsor your spouse, then your sponsored spouse must apply for permanent residence.
- First a citizen or permanent resident of Canada must apply to sponsor a spouse.
- Your sponsorship application is processed by a Case Processing Centre (CPC) in Canada.
- You will be notified in writing by the CPC about the decision on your sponsorship application.
- Your spouse must apply for permanent residence.
Al though it is a two step process, the application for sponsorship and permanent residence must be completed and submitted at the same time.
Spouse living in Canada
Following are the list of forms for sponsoring your spouse living in Canada to become permanent resident:
- Document Checklist [IMM 5443]
- Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)
- Sponsorship Evaluation [IMM 5481]
- Generic Application Form for Canada [IMM 0008]
- Additional Dependants/Declaration [IMM 0008DEP]
- Additional Family Information [IMM 5406]
- Schedule A – Background/Declaration [IMM 5669]
- Spouse/Common-law Partner Questionnaire [IMM 5285]
- Use of a Representative [IMM 5476]
- Receipt [5401]
Spouse Living Abroad:
If the spouse being sponsored lives outside Canada, then you need to use the following forms for sponsoring and Canadian permanent residence:1. Sponsorship Forms:
- Document Checklist [IMM 5443]
- Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)
- Sponsorship Evaluation [IMM 5481]
- Generic Application Form for Canada [IMM 0008]
- Additional Dependants/Declaration [IMM 0008DEP]
- Additional Family Information [IMM 5406]
- Schedule A – Background/Declaration [IMM 5669]
- Spouse/Common-law Partner Questionnaire [IMM 5285]
- Use of a Representative [IMM 5476]
- Receipt [5401]
2. Permanent Residence Forms:
- Generic Application Form for Canada [IMM 0008]
- Additional Dependants/Declaration [IMM 0008DEP]
- Schedule A – Background/Declaration [IMM 5669]
- Additional Family Information [IMM 5406]
- Sponsored Spouse/Partner Questionnaire [IMM 5490]
- Use of a Representative [IMM 5476]
In addition to the above immigration forms, the sponsored spouse may have to follow specific instructions depending on the country of residence.
Western Europe [IMM 3901]
Includes instructions: Albania, Andorra, Austria, Belgium, Bosnia-Herzegovina, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Liechtenstein, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Portugal, San Marino, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, United Kingdom and Vatican City
Eastern Europe [IMM 3902]
Includes instructions for: Armenia, Belarus, Bulgaria, Estonia, Georgia, Latvia, Lithuania, Moldova, Poland, Romania, Russia and Ukraine
China [IMM 3903]
Includes instructions for: People’s Republic of China, Special Administrative Region of Hong Kong and Special Administrative Region of Macau
India [IMM 3904]
Includes instructions for: India, Bhutan and Nepal
Philippines [IMM 3905]
Includes instructions for: Philippines
South East Asia and Pacific [IMM 3906]
Includes instructions for: Australia, Brunei, Cambodia, Cook Islands, Federated States of Micronesia, Fiji, Indonesia, Kiribati, Laos, Malaysia, Marshall Islands, Micronesia, Myanmar, Nauru, New Zealand, Niue, Palau, Papua-New Guinea, Samoa, Singapore, Solomon Islands, Thailand, Timor-Leste, Tonga, Tuvalu, Vanuatu and Vietnam
General Asia [IMM 3907]
Includes instructions for: Bangladesh, Democratic People’s Republic of Korea, Maldives, Mongolia, Pakistan, South Korea, Sri Lanka and Taiwan
Latin America [IMM 3908
Includes instructions for: Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay and Venezuela
Caribbean [IMM 3909]
Includes instructions for: Antigua and Barbuda, Bahamas, Barbados, Cuba, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname and Trinidad and Tobago
United States [IMM 3910]
Includes instructions for: United States of America, Bermuda, Puerto Rico, and Saint-Pierre and Miquelon
Middle East and Central Asia [IMM 3911]
Includes instructions for: Afghanistan, Azerbaijan, Bahrain, Cyprus, Iran, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyz Republic, Lebanon, Oman, Qatar, Saudi Arabia, Syria, Tajikistan, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan, West Bank and Gaza Strip, Yemen
Africa [IMM 3912]
Includes instructions for: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Chad, Central African Republic, Union of the Comoros, Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Republic of the Congo, Rwanda, Sao Tome é and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe
Japan [IMM 3913]
Includes instructions for: Japan
Where to Send Application?
You must pay the required processing fees and send the completed and signed application forms along with supporting documents to the Case Processing Center in Canada at the following address:CPC Mississauga
P.O.Box 3000, Station A
Mississauga, ON
L5A 4N6The form 5476 Use of Representative is optional and you need to submit this form only if you are being representative by authorized immigration consultant or immigration lawyer.
Source: http://nexuscanada.blogspot.ca/2014/03/how-to-sponsor-spouse-for-canada.html
