Navigating the world of spousal sponsorship in Canada can be challenging, especially when myths and misconceptions are prevalent. Here, we tackle five common myths surrounding spousal sponsorship and provide the facts to debunk them.
1. Myth: A Marriage Certificate is the Only Acceptable Proof of Relationship
Many believe that only a marriage certificate can validate a genuine relationship for spousal sponsorship.
Truth: While a marriage certificate is one form of evidence, Canadian immigration recognizes common-law and conjugal partnerships as well. Partners in a relationship for at least one year without interruption can apply under the common-law category. For those unable to cohabit due to significant reasons (e.g., immigration barriers or legal issues), the conjugal partner category might be appropriate.
2. Myth: Canadian Citizens Can Sponsor Anyone They Marry
There’s a misconception that simply marrying a Canadian citizen guarantees residency for the foreign spouse.
Truth: While marrying a Canadian citizen can make one eligible for sponsorship, it doesn’t guarantee approval. The sponsor must prove financial stability to support the incoming spouse. Additionally, the relationship should be genuine and not just for the purpose of gaining Canadian residency. The authorities might decline applications if there’s evidence suggesting the relationship is fraudulent.
3. Myth: Divorced Individuals Can’t Sponsor a New Spouse
A common myth suggests that if you’ve previously sponsored a spouse and ended up divorcing them, you can’t sponsor another partner.
Truth: Divorced individuals can sponsor a new spouse or partner. However, there’s a stipulated time frame to consider. If you’ve sponsored a previous spouse or partner, you must wait five years from the date they became a permanent resident before sponsoring a new partner.
4. Myth: Sponsored Spouses Gain Immediate Canadian Citizenship
Many believe that once their spousal sponsorship application is approved, the sponsored spouse becomes a Canadian citizen automatically.
Truth: Gaining permanent residency and gaining citizenship are two distinct processes. A sponsored spouse will initially gain permanent resident status. Only after living in Canada for a certain period (currently, 1,095 days within the last five years) and meeting other criteria can they apply for Canadian citizenship.
5. Myth: You Can’t Sponsor a Spouse if You Live Outside Canada
It’s a widespread belief that Canadian citizens or permanent residents living abroad can’t sponsor a spouse to move to Canada.
Truth: Canadian citizens living abroad can sponsor their spouse or partner for Canadian permanent residency. However, they must demonstrate the intent to return to Canada once the sponsored individual receives permanent residency. Permanent residents, on the other hand, must reside in Canada to sponsor a spouse or partner.
Given the distinctions between inland spousal sponsorship and outland spousal sponsorship, it’s essential to get the facts straight. Here, we debunk five common myths surrounding both categories of spousal sponsorship.
1. Myth: Inland Spousal Sponsorship Guarantees Faster Processing
Some believe that opting for inland spousal sponsorship (where both partners are in Canada during the application process) ensures quicker approval.
Truth: While inland spousal sponsorship allows the foreign spouse to apply for a work permit during the processing period, it doesn’t necessarily guarantee faster approval than outland sponsorship. Both have their own timelines, and processing speed can depend on various factors, including the accuracy and completeness of submitted documents.
2. Myth: Outland Spousal Sponsorship Means the Sponsored Spouse Can’t Stay in Canada
A common misconception is that when applying through outland sponsorship (applied outside Canada), the sponsored partner can’t stay in Canada during the process.
Truth: The foreign spouse can be in Canada during the outland sponsorship process. However, they should be aware of their visa status. If they’re visiting Canada on a temporary visa while an outland application is being processed, they must still comply with the visa’s conditions and might need to leave once it expires.
3. Myth: A Marriage Certificate is the Only Acceptable Proof of Relationship
Many believe that only a marriage certificate can validate a genuine relationship for spousal sponsorship.
Truth: While a marriage certificate is a form of evidence, Canadian immigration also recognizes common-law and conjugal partnerships. Partners living together for at least one year can apply under the common-law category, even under inland sponsorship.
4. Myth: Rejected Inland Applications Can Immediately Switch to Outland
If an inland spousal sponsorship application is refused, some assume they can instantly convert it to an outland application.
Truth: If an inland application is rejected, the applicant doesn’t automatically transition to the outland process. Instead, they might need to reconsider their options, which could involve reapplying or addressing the reasons for refusal in a subsequent application.
5. Myth: Outland Sponsorship is Riskier Due to Possible Rejections at the Border
There’s a fear that spouses being sponsored through the outland process might face rejection when trying to enter Canada during the application period.
Truth: While border officers have the discretion to deny entry if they believe the visitor might not leave Canada at the end of their stay, having an outland application in progress isn’t an automatic ground for refusal. Being honest and demonstrating the intent to adhere to visa conditions is essential.
