- The conditions for sponsoring a common-law partner or spouse are:
- The person being sponsored must be of the same sex or opposite sex.
- The two common-law partners must have stayed together for at least one year.
Note: A sponsored spouse cannot sponsor another spouse for five years since their landing in Canada.
The immigration law of Canada also deems a conjugal partner eligible for spouse sponsorship. The Immigration law of Canada defines a conjugal partner as:
- A common-law partner is also defined as a conjugal partner if the partner fails to meet the conditions served under the common partner law. If the person getting sponsored was unable to live for one year with his/her sponsor, they are eligible for spouse sponsorship as a conjugal partner.
- Spouses, but the marriage of the sponsor and sponsee was not possible due to the status or sexual orientation.
Outland Spousal/Common-Law Partner Sponsorship program allows a Canadian citizen or permanent resident to sponsor his or her spouse, common-law or conjugal partner for permanent resident status, regardless of where the spouse is currently living. This program operates under Family class immigration category.
The purpose of the Outland Spousal/Common-Law Partner sponsorship program is to reunite Canadian citizens and permanent residents with their family members. The sponsor should be able to present a proof that he or she will be able to provide for their family members’ basic needs in Canada.
In order to be complete, an application must include documents, signed forms as per the Document checklist and instructions along with the application that is in effect at the time the application received by IRCC. These include document and forms that are required depending on the applicant’s country of residence.
An online country-specific requirements tool is designed to help applicants to know what documents and forms are required to be submitted together with the application and the guidance on how to acquire them.
Complete application also must include proof of payment of correct fees. For more information please visit Outland Spousal/Common-Law Partner Sponsorship.
Inland Spousal/Common-Law Partner Sponsorship allows eligible individuals to sponsor their spouse or partner to become permanent residents of Canada. The Inland sponsorship program operates under in Canada class and requires the foreign spouse/common-law partner to have valid temporary status in Canada, either as a worker, student, or visitor and be physically present and living with a sponsor in Canada. For more information on requirements, eligibility and application process please visit Inland Spousal/Common-Law Partner Sponsorship.
Unlike in Outland Sponsorship process a sponsored person may be qualified for Open Work Permit while his or her application is still in process. Open Work Permit allows working for any employer, anywhere and in any role. The sponsored spouse or common-law partner should apply for open work permit at the same time as for permanent residence. Nevertheless, IRCC explains that if a sponsored spouse or common-law partner has not done so, he or she may still submit an application for an open work permit at a later phase.
IRCC may require interviewing a sponsored person, and he or she will be notified about the date, time, location, and documents to be brought along.If a person applied under the Spouse or Common-Law Partner in Canada class and submitted an application for an open work permit, his or her work permit would normally be processed within 4 months.
A spouse who is being sponsored can apply for an open work permit. Generally, an open work permit takes 4-5 months to process. However, the necessary conditions for the approval of the open work permit are:
- The spouse must not start working before the approval of the application.
- The legal status of a student, visitor, or worker must be maintained in Canada.
An open work permit allows a person to work for any employer in Canada except:
- The employers are enlisted as ineligible by the Canadian rule due to irregularities
- If the work is of sexual or erotic nature.
If you are getting sponsored, there are three conditions which can arrive for spouse Open Work Permit
- All three applications, i.e., Sponsorship, Work Permit, and Permanent residence, will be put together.
- Proof of payments for all the applications will also be added in the same envelope.
- All the documents need to be forwarded to the CPC-M office in Ontario.
- Send the completed application to CPC-M office.
If the permanent resident has not been approved:
- Make sure to add all the supporting documents and proof of payment.
- The processing time for application may vary.
- The spouse can apply for spouse open work permit online or in mail.
- All the supporting documents must be attached.