In spousal sponsorship, the emphasis is on the genuineness of the relationship. The onus is on the couple to prove that their relationship is genuine. If a couple has entered into the relationship solely for the purpose of immigration, the application will be refused.

A sponsor takes full financial responsibility for a sponsored spouse/common-law partner by signing an undertaking for 3 years. If their sponsored spouse or common-law partner requires social assistance within 3 years after being granted PR status, the sponsor is obligated to repay the sum.

If the spouse or common-law partner are in Canada and are residing at the same address as their sponsor, they can apply for an Open Work Permit if they have a valid Temporary Resident Status.

However, if a sponsored spouse or common-law partner is out of status, the public policy allows them to apply for PR status under the Spouse/common-law partner in Canada Class.

• Persons who have overstayed a visa, visitor record, work permit or student permit;

• Persons who have worked or studied without being authorized to do so under the Act;

• Persons who have entered Canada without the required visa or other document required under the regulations;

• Persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence)

Sponsor must be

• At least 18 years old

• Canadian Citizen (living in Canada or elsewhere, but showing clear intention to relocate to Canada permanently)

• Canadian Permanent Resident (living in Canada)

• Not in receipt of social assistance (exception: disability)

• Have signed an undertaking for 3 years for a sponsored partner

Spouse must be

• Legally married

• Be at least 18 years old

• Be in a genuine conjugal relationship

• Canada recognizes same-sex marriage

• Sponsored spouse’s dependent children can be included on the application (additional undertakings must be signed, and duration of the undertaking will depend on the age of the children)

Common-law partner must

• Have resided together with the sponsor for at least 1 year

• Be at least 18 years old

• Be in a genuine conjugal relationship

• Have signed common-law agreement

• Sponsored common-law partner’s dependent children can be included on the application

Parents/grandparents-in-law, parents of your spouse or common-law partner, cannot be sponsored, but you can be a co-signer on their application for sponsorship to meet the necessary income level.

Process:

1. Fill out the Interest to Sponsor form (has strict time limits every year)

2. Write down the number assigned to your form

3. Wait to be invited to sponsor your parents/grandparents (this process is random)

4. Apply for sponsorship if invited

If you are not invited to apply for sponsorship, Super Visa allows you to spend time with your parents/grandparents in Canada.

Who can sponsor:

• Individuals 18 years old and above

• Canadian citizen or permanent resident, residing in Canada

• Individuals who have sufficient income to support their parents or grandparents

• Individuals who have signed an undertaking to support their parents or grandparents for 20 years when they become permanent residents

• Your own parents or grandparents

• Dependent children of your parents can be included on the sponsorship application

• Sponsored persons must undergo a medical examination

• Sponsored parents/grandparents and their dependents must be admissible to Canada (criminal check)

• Sponsored persons must sign a sponsorship agreement promising to make every effort to support themselves in Canada

Another way to be close with your loved ones for an extended period of time is to apply for Super Visa, a faster solution to separation from parents or grandparents. This visitor visa allows your family, parents or grandparents, to stay in Canada for up to 2 years at a time.

Requirements:

Invited parent/grandparents must be:

• Parents/grandparent of a Canadian citizen or permanent resident

• Have a letter from a sponsor that promises financial support for the duration of the visit, the number of people in the sponsor’s household, and proof of Canadian citizenship or permanent residence

• Have paid medical insurance from a Canadian company for at least 1 year with at least CAN $100,000 coverage

Additional requirements:

• Parents/grandparents must apply for Super Visa from outside Canada

• Be admissible to Canada

• Have an immigration medical exam

Financial support requirements:

To be able to invite your parents/grandparents under the Super Visa program, you must meet the Minimum Necessary Income, which depends on the number of people in the household and is set every year.