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Spousal

Spouse or Common-Law Partner

Different jurisdictions around the world have different definitions and different legal treatments for people who enter into a marriage or a common-law relationship. Where same-sex relationships are still illegal in many countries of the world, some other countries, including Canada, embrace the idea of same-sex relationships and have even legalized same-sex marriages. When dealing with Canadian Immigration law, it is important that we consider certain pre-set parameters to ascertain an individual’s eligibility to apply for sponsorship as a spouse or a common-law partner. As per these parameters the following individuals can be sponsored, provided they are at least 18 years old and they clear a Medical Exam by a Panel Physician:

 

* Opposite Sex Spouses

* Same-Sex Spouses

* Common-Law Partners (Not legally married but have been living together for at least 12 months without any long period of stay apart)

* Conjugal Partners (Romantically together for at least 12 months even though circumstances outside their control, such as legal barriers or their sexual orientation, prevent them from living together or get married)

 

Minimum Eligibility Criteria for sponsoring a Spouse

* Must be a legal adult i.e. he/she must be at least 18 years of age.

* Must be a Canadian Citizen, a Permanent Resident, or a person registered in Canada as an Indian under the Canadian Indian Act.

* If The Sponsor is a Canadian Citizen then he/she should either be physically residing in Canada or prove their intention to return to Canada once the sponsored spouse gets his/her Permanent Residence status.

* If The Sponsor is a Permanent resident then he/she should not be living outside of Canada.

* Must prove that he/she is not receiving social assistance for reasons other than disability.

* Must have a good enough financial standing and a willingness to provide for all basic needs of the person being sponsored.

* The Sponsor must not be an individual who became a Canadian PR through sponsorship by a spouse or partner less than 5 years ago.

* The Sponsor must not be financially responsible for an ‘Ex’ ( Previous Spouse or Partner), meaning that the 3-year undertaking period for taking care of the ‘Ex’ should have ended.

* Must not be someone who did not provide the required financial support to any individual whom he/she sponsored in the past.

* Must not be someone who did not pay back an immigration loan, a performance bond, or a court-ordered alimony or child support.

* Must not have declared bankruptcy or be discharged.

* Must have a clean criminal record (Meaning that he/she must not be convicted of attempting, threatening to commit, or committing a violent criminal offense, an offense against a relative, or any sexual offense inside or outside Canada. The Sponsor must also not be in a Jail, Prison or a Penitentiary.)

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