Family Sponsoring Program
– Spouse or Common-Law Partner in Canada Class
Who can use this application
캐네디언 이거나 혹은 영주권자이면서 18세 이상이면, 배우자 혹은 사실혼 파트너의 초청이민 신청을 할 수 있는 초청인이 될 수 있습니다.
- your spouse or common-law partner who lives with you in Canada, and his or her dependent child or children
- your spouse, common-law partner or conjugal partner who lives overseas, and his or her dependent child or children
Your obligations as a sponsor
Basic needs are:
- food, clothing, shelter and other needs for everyday living,
- dental care, eye care and other health needs that aren’t covered by public health services.
Length of undertaking
- 초청하는 배우자 혹은 사실혼 파트너: 즉시
- 19세가 넘은 자녀: 영주권자가 된 이후로 부터 3년
- 19세가 넘지 않은 자녀: 영주권자가된 이후로 부터 10년 혹은 22세가 될 때 까지 (우선으로 해당된는 경우를 적용)
Are you eligible to sponsor?
- be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or permanent resident,
- be 18 years of age or older,
- live in Canada or have proof, if you are a Canadian citizen living outside of Canada, that you will live in Canada after the sponsored person becomes a permanent resident,
- sign an undertaking promising to provide for your family member’s basic needs and, if it applies to you, those of any dependent children,
- prove that you have enough income to provide basic needs for your spouse or partner’s dependent children. This means meeting or exceeding a minimum necessary income, which is an amount published yearly by the Canadian government.
You may NOT be able to sponsor if you…
- signed an undertaking for a previous spouse or partner and it has not been three years since he or she became a permanent resident,
- receive social assistance for a reason other than disability,
- previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
- are in default on an immigration loan or a performance bond
- did not pay court-ordered alimony or child support
- have declared bankruptcy which has not been discharged
- were convicted of
- an offence of a sexual nature,
- a violent crime,
- an offence against a relative that caused bodily harm or
- threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
- were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,
- are under a removal order,
- are in a penitentiary, jail, reformatory or prison,
- have already applied to sponsor your current spouse or partner and haven’t received a decision.
A previous sponsorship undertakingIf family members you sponsored in the past got social assistance or welfare while the undertaking was valid, you can’t sponsor until:
- you repay the full amount of any social assistance or welfare payment or
- repay the debt to the satisfaction of the government authority that issued the benefit or ordered you to pay.
An immigration loanIf you got a transportation, assistance or right of permanent residence fee (previously called the right of landing fee) loan and have missed payments.
3. Support payment obligationsIf you were ordered by a court to make support payments to a spouse or child and haven’t made payments:You can’t sponsor until you resolve the family support matter.
Five-year sponsorship bar
Sponsorship bar for violent crime
Who can you sponsor?
Identifying the class of application
- If you are sponsoring your conjugal partner or dependent child, you must submit an application under the Family Class.
- If you are sponsoring your spouse or common-law partner, you may sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class.
Apply under the Family Class if:
- the person you want to sponsor lives outside Canada
- the person you want to sponsor currently lives with you in Canada but doesn’t plan to -stay in Canada while the application is being processed
- you plan to appeal if the application is refused
Apply under the Spouse or Common-Law Partner in Canada Class if the person you want to sponsor:
- lives with you in Canada
- is eligible to become a permanent resident from within Canada
- would like to apply for, and qualifies for, an Open Work Permit so that he or she can work while the application is being processed
Sponsoring your spouse, common-law partner or conjugal partner
If you are married
- You can sponsor the person as your spouse if your marriage is a legally valid civil marriage.
Opposite and same-sex marriages:will be recognized for immigration purposes, where the marriage:
- was legally performed in Canada, or
- if performed outside of Canada, the marriage must be legally recognized in the country where it took place and in Canada.
If you are in a common-law relationship
- You can sponsor the person as your common-law partner (same or opposite sex) as long as you have been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.
To show that you are in a common-law relationship, submit proof that you:
- share or have shared the same home,
- support each other financially and emotionally,
- have children together (if applicable),
- present yourselves in public as a couple.
If you are in conjugal relationshipA conjugal partner is:
You can sponsor a conjugal partner if:
- a person who is living outside Canada,
- in a conjugal relationship with the sponsor for at least one year, and
- could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).
- This term applies to both opposite and same-sex couples.
- there is a significant degree of attachment between the two of you, implying not just a physical relationship but a mutually interdependent relationship, and
- you have been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) has not been possible because of barriers such as sexual orientation, religious faith, etc.
To qualify under the Spouse or Common-Law Partner in Canada class, the sponsored person must:
- be the spouse or common-law partner of a Canadian citizen or permanent resident in Canada and
- have legal immigration status
Sponsoring your dependent children
Definitions of dependent children (types 1 and 2)
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements of type 1 or 2 below:
Type 1The child is under the age of 19 and is single (not married and not in a common-law relationship).
Type 2The child is 19 years of age or older and has been financially dependent on a parent since before the age of 19 because of a physical or mental condition.
The person you are sponsoring has a child in the sole custody of a previous spouse. Do they need to include this child in their application?
Passports for family members
Diplomatic, official, service or public affairs passports cannot be used to immigrate to Canada. The person being sponsored must have a valid regular or private passport when they arrive.
Convictions or offences outside CanadaIf the person you are sponsoring is outside Canada and has committed or has been convicted of a crime outside Canada, he or she may be able to overcome this criminal inadmissibility.The person can apply for rehabilitation either:
If the offence would have been prosecuted summarily in Canada, and if the person was convicted of two or more of these offences, the period for rehabilitation is at least five years after they have finished serving the sentences.
- before you submit the sponsorship application, or
- by submitting the rehabilitation application with your application for sponsorship
Convictions or offences in CanadaIf the person has a criminal conviction in Canada, he or she must ask for a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before becoming admissible to Canada.
- the principal applicant
- all family members over the age of 18 (whether they will accompany the principal applicant to Canada or not)
- the country where you currently live, if you have lived there for six months or more; and
- the country where you have spent most of your adult life since the age of 18.
Conditional permanent residence
Condition applies if the couple:
- is married for two years or less;
- has been in a legitimate relationship for two years or less; or
has lived together in a common-law relationship for two years or less;and
- do not have any children together
Condition does not apply if the couple:
- is married for more than two years;
- have been in a conjugal relationship for more than two years;
- has lived together in a common-law relationship for more than two years; or
- has children together.