Are you eligible to sponsor your spouse or partner for Canadian immigration?
Canadian citizens and permanent residents can sponsor their spouse, common-law partner, or conjugal partner for permanent residence (PR).
Although the concept of spousal sponsorship may appear straightforward, sponsoring your spouse or partner in practice can be confusing and complicated. Sponsors and their loved ones may face unexpected delays or even refusals.
The first step in sponsoring your spouse or partner is to determine your eligibility to be a sponsor, and your loved one’s eligibility to be sponsored.
Below CIC News has compiled essential information for couples, to better understand their ability to sponsor and be sponsored for Canadian immigration.
This article is the first of three which will break down the sponsorship process.
Sponsor your loved one for Canadian immigration
Determining eligibility
Sponsors
You can sponsor your spouse, common-law, or conjugal partner for Canadian immigration if you meet all the following requirements:
Are at least 18 years of age;
Are a Canadian citizen, permanent resident, or registered Indian;
Are either:
living in Canada; OR
a Canadian citizen living outside Canada who can provide proof that you will move to Canada once your sponsored spouse becomes a permanent resident;
Are willing and able to sign an undertaking for three years from the day your spouse or partner receives PR status, promising to give financial support for their basic needs*.
Are not ineligible (see the ineligibility situations below).
*Note that residents of Quebec looking to sponsor their spouse or partner will need to meet Quebec’s immigration sponsorship requirements after they are approved to be a sponsor. They must also sign an undertaking with the province of Quebec, and have their income assessed by the Quebec ministry of immigration.
Who is not eligible to sponsor their spouse or partner?
In addition to meeting the eligibility requirements above, you must not fall into any of the situations that render you ineligible.
You are not eligible to sponsor your spouse, common-law, or conjugal partner if you:
Were sponsored by a spouse or common-law partner and gained PR status less than five years ago;
Have signed an undertaking for a previous spouse or partner who has not been a permanent resident for more than three years;
Are still financially responsible for a previous spouse or partner, and therefore still bound by the three-year undertaking to care for this person;
Are in default on an immigration loan, performance bond, or on court-ordered family support payments.
Failed to provide the financial support that you initially agreed to when applying to sponsor someone in the past*;
Declared bankruptcy and have not yet been discharged*;
Are receiving social assistance for any reason other than a disability;
Were convicted of, or threatened or attempted to commit, a violent crime, a sexual offence, or an offence causing bodily harm to a relative;
Are in a penitentiary, jail, reformatory, or prison;
Have already applied to sponsor your current spouse and haven’t received a decision; or
Can’t legally stay in Canada due to being subject to a removal order.
*These criteria do not apply to sponsors who are residents of Quebec.
The sponsored
Canadian permanent residents and citizens can sponsor their spouse, common-law partner, or conjugal partner.
The person sponsored must be at least 18 years old, and the qualifying relationship must be established with specific criteria:
Relation typeDefinition
SpouseLegally married to the sponsor.
Common-law partnerHas been living with the sponsor in a conjugal relationship continuously for at least one year.
Conjugal partner- Has been in a conjugal relationship with the sponsor for at least a year;- Lives outside of Canada; and- Cannot live with the sponsor as a couple because of reasons outside their control.
For spouses, the marriage must be legally recognized in the country in which it took place and must be legally recognized in Canada. Both spouses must have been physically present at the marriage ceremony.
For a common-law relationship, the partners must demonstrate a significant commitment to one another, including
Sharing the same home;
Supporting one another financially and emotionally; and
Presenting themselves in public as a couple.
Having children together would also help to demonstrate a common-law relationship.
For a conjugal partner, the partners must demonstrate:
A significant degree of attachment and mutual interdependence; and
Obstacles or restrictions that prevent the couple from marrying or living together.
Some examples of obstacles or restrictions include immigration barriers, religious restrictions, and legal or cultural restrictions relating to sexual orientation. In most cases, the foreign conjugal partner is not able to legally marry the sponsor.
In most cases, the person being sponsored must be admissible to Canada.
If the spouse or common-law partner lives in Canada, they must have valid temporary resident status (work permit, study permit, or visitor status) or must be exempt from requiring that status on account of a public policy set out in 2005 under A25 (1) of the Immigration and Refugees Protection Act.
This public policy allows spouses or common law partners without valid temporary resident status to be sponsored even if they are inadmissible to Canada on account of:
Having overstayed a visa, visitor record, work permit, or study permit;
Having worked or studied in Canada without legal status;
Having entered Canada without the required visa or other document; or
Having entered Canada without a valid travel document.
The sponsored partner must have valid documents by the time they are granted permanent residence.
What privileges are afforded by permanent residence?
A permanent resident is an individual who has been granted the legal right to live in Canada on a permanent basis through immigration, while remaining a citizen of another country. Though permanent residents are not Canadian citizens, they share many of the same rights and privileges as citizens.
What can permanent residents do in Canada?
Permanent residents enjoy numerous rights and freedoms in Canada, which include:
Accessing most social benefits available to Canadian citizens, such as health care coverage and education;
The ability to live, work, and study anywhere in Canada;
The option to apply for Canadian citizenship; and
The protection and guarantees provided by the Canadian Charter of Rights and Freedoms.
What are permanent residents not permitted to do?
There are specific restrictions on what permanent residents can do in Canada. These include:
The inability to vote in political elections at the provincial or federal level; and
Being ineligible for certain jobs that require high-level security clearance.
If a permanent resident acquires Canadian citizenship through immigration through naturalization, they will be granted all the same rights and privileges of natural-born Canadian citizens in Canada.
To transition from permanent residence to citizenship, newcomers must:
Have lived in Canada for three of the last five years;
Have filed their tax returns for applicable years;
Pass a test on their rights and responsibilities in the country, and knowledge of Canada’s culture and history;
Prove their language skills by taking an approved language test; and
Take the Oath of citizenship.
Sponsor your loved one for Canadian immigration
Are you eligible to sponsor your spouse or partner for Canadian immigration?
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Liverpool lucky during key Champions League moment admits TNT pundit
Luis Diaz was fouled in Liverpool clash. (Photo by Eric Alonso/Getty Images)
Liverpool were 1-0 winners over Girona in the Champions League on Tuesday night and former Reds star Steve McManaman feels his old club got a little lucky. The Merseyside club arrived into the clash in Spain having won all five of their Champions League matches and Arne Slot’s men kept up their 100 per cent record with the victory.Girona caused Liverpool a lot of problems in the first half and the Reds boss can thank his goalkeeper Alisson Becker for keeping the home side out. The Merseyside outfit were much better in the second 45 minutes and it was during this half that the biggest talking point of the game emerged.Donny van de Beek would commit a clumsy challenge on Luis Diaz – who has recently been linked with a move away from Anfield – in the Girona box when the Dutch midfielder barely stepped on the winger’s heel.The referee viewed the coming together as a foul after being sent to the VAR monitor, resulting in Mohamed Salah converting the spot-kick.The incident sparked a lot of debate on social media and former Liverpool star Steve McManaman felt his old club were lucky to get the decision.
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Steve McManaman on the Liverpool penalty incident
Liverpool star Luis Diaz earned Liverpool a penalty. (Photo by Eric Alonso/Getty Images)Speaking after the match, McManaman stated that he thought the penalty was harsh and compared it to the unpunished fouls that often happen during corners and free-kicks.“You expect the midfielders to go to close down and if you stand on an inch of his heel, it is very unfortunate,” the pundit said on TNT Sports. “With all respect, it is a contact game. We see a lot more contact at corners and free-kicks that go unmentioned so I don’t think it was a penalty regardless of the result.”
“He’s given the referee an opportunity to make a decision or VAR to get involved” ?@rioferdy5 and Steve McManaman give their verdict on Liverpool’s penalty ?
? @tntsports & @discoveryplusUK pic.twitter.com/wwH4emYXiI
— Football on TNT Sports (@footballontnt) December 10, 2024Liverpool will feel fortunate that they were awarded the penalty but Van de Beek gave the referee a decision to make after making the clumsy foul in their own box.Slot’s men were not at their best in Spain but as seen several times this season, the Reds found a way to come away from the match with all three points. https://www.caughtoffside.com/2024/12/10/liverpool-champions-league-tnt/
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H&G Advocates Accused of Forgery as Court Documents in Walugembe Case Face Scrutiny
The case in which two city lawyers are accused of forgery has taken a new twist after a prominent law firm has been implicated for alleged convenience in misleading court.
In the letter dated December 3, 2024 to the Inspector of Courts, pastor Daniel Walugembe has accused the lawyers, Robert Ssenfuka and Umar Nyanzi of SK and Partners Advocates of colluding with their colleagues at H&G Advocates to commit the alleged crimes.
Through his lawyers, Walugembe states that there is coordinated convenience between H&G Advocates and SK and Partners Advocates whose sole intention is to mislead and bias court against him which is very unfortunate and regrettable.
“Your worship, it is evident that in the letter written by H&G Advocates dated 23rd December 2021, requested for certified copies of proceedings, plaint, affidavit of service, and written statement of defense, consent judgment and decree in Civil Suit No. 699of 2017. Indeed in the letter dated 9th December 2022,” reads the petition adding that Natukunda Jeneva the Deputy Registrar certified the same documents.
According to the petition seeking for the intervention of the judiciary authorities into the matter, Walugembe insists that nowhere the registrar “gave any agreement to H&G advocates which they purportedly passed on to SK and Partners who are their conduits.”
Petition indicates that H&G Advocates is the law firm that represents Makerere University in the case litigated with Walugembe before the Land Division of the High Court; “But at no single point has H&G ever brought this purported sale agreement to disapprove or show inconsistent in his claim.”
The petition copied to the Chief Justice and other lawyers, the lawyers; Ssenfuka and Nyanzi are accused of concocting information and documents with a view of misleading court.
Through his lawyers of Alma Associated Advocates, Walugembe accused the lawyers of misleading court in the sworn statements to the principal judge that their client, Dr Ntwatwa Lule has never been party to earlier cases before the High Court.
“On that basis alone, it is our considered view that a person who can advise his client to lie on oath cannot be trusted at all. To demonstrate to you the perpetual lies of the accused persons in the affidavit they drafted for their client, drawn by SK and Partners Advocates, they advised their client to lie that he has never been party to application number 434 of 2019,” reads the complaint.
The petition copied to the chief justice, judicial authorities and lawyers was in response to complaints challenging the private prosecution of the lawyers Ssenfuka and Nyanzi.
Ssenfuka and Nyanzi both attached to SK & Partners Advocates are accused of fraud in regard to alleged forgery of agreements for Kibanja in Katanga near Wandegeya.
Last week, the Magistrates Court at Buganda Road, Jalia Basajjabalaba issued criminal summons against Ssenfuka and Nyanzi to answer accusations of forgery and uttering false
The duo is expected to appear in court on December 17, 2024 for plea taking and also for hearing formal application in which they are challenging the legality of the charges.
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It is alleged that the lawyers Ssenfuka and Nyanzi attached to SK & Partners Advocates while acting for and on behalf of their client, Dr Ntwatwa Lule committed criminal acts.
Court documents indicate that the accused lawyers are alleged to have committed forgery, uttering false documents and conspired to commit a felony when knowingly and unlawfully altered sales agreements dated February 9, 1996 and August 13, 1996 respectively.
H&G Advocates Accused of Forgery as Court Documents in Walugembe Case Face Scrutiny