Family Sponsorship:
Sponsoring a Spouse, Partner, or Dependent Child in Canada
Navigating the process of sponsoring a loved one for Canadian residency can be intricate, but understanding the requirements and obligations can ease the journey. This guide covers the key categories of sponsorship: spouse, common-law partner, conjugal partner, and dependent child.
Sponsoring a Spouse
A spouse is defined as the person you are legally married to. If you wish to sponsor your spouse for Canadian residency, you must provide documentation proving your marriage. This typically includes a marriage certificate or any equivalent legal document recognized in the country where the marriage occurred. The authenticity of the relationship is crucial, and the immigration authorities may ask questions to confirm this. These questions are routine and should not be a cause for concern; they are meant to ensure that the marriage is genuine and not solely for immigration purposes.
Sponsoring a Common-Law Partner
In Canada, the concept of a common-law partner is recognized for immigration purposes. A common-law partner is someone with whom you have lived continuously in a conjugal relationship for at least one year. Unlike a spouse, a legal marriage is not required, but you must provide evidence of cohabitation. This can include shared leases, utility bills, and other documents that show you have lived together. As with a spousal sponsorship, you may be asked to answer questions to verify the authenticity of your relationship.
Sponsoring a Conjugal Partner
A conjugal partner is defined as someone with whom you have been in a committed relationship for at least one year but with whom you do not live due to exceptional circumstances, such as immigration barriers or marital status prohibitions in their home country. To sponsor a conjugal partner, you must provide evidence of your ongoing relationship and the reasons for your inability to live together. This evidence can include communication records, travel itineraries, and other proof of your relationship’s duration and seriousness.
Sponsoring a Dependent Child
You can also sponsor your dependent children for Canadian residency. A dependent child is not limited to a specific age; children up to 22 years old are eligible, provided they are not married or in a common-law relationship. Children over 22 can also qualify if they are financially dependent on the principal applicant due to a physical or mental condition. You must demonstrate your ability to support the child financially and otherwise. Each dependent child requires a separate application.
Who Can You Sponsor?
In summary, you can sponsor:
• Your spouse (legally married to you).
• Your common-law partner (living together in a conjugal relationship for at least one year).
• Your conjugal partner (in a committed relationship for at least one year but not living together due to exceptional circumstances).
• Your dependent child (under 22 years old or financially dependent due to a condition).
The person you sponsor must pass background, security, and medical checks.
Your Obligations as a Sponsor
Sponsoring a spouse, partner, or dependent child comes with significant financial responsibilities. You must sign an undertaking, which is a legally binding agreement to provide for the basic needs of the person you are sponsoring. These basic needs include:
• Food, clothing, and shelter: Ensuring the sponsored individual has access to essential living conditions.
• Health care: Covering dental care, eye care, and other health services not covered by public health services.
The undertaking remains in effect for the duration specified, regardless of changes in your circumstances. This means that even if the sponsored person becomes a Canadian citizen, or if your relationship ends (due to divorce or separation), or if either of you moves to another province or country, your financial responsibility continues. This obligation also persists even if you encounter financial difficulties.
Summary
Sponsoring a loved one for Canadian residency is a commitment that extends beyond proving your relationship. It requires an understanding of legal definitions, the ability to provide necessary documentation, and a willingness to fulfill long-term financial responsibilities. By meeting these requirements and obligations, you can successfully sponsor your spouse, common-law partner, conjugal partner, or dependent child, helping them join you in Canada and start a new chapter in their lives.
