ITA Checklist

A Checklist for Partner Sponsorship Process When Your Partner Lives Outside of Canada

Because you’re a Canadian citizen, you are able to bring your non-Canadian partner to Canada for the purpose of them obtaining permanent residency of their own.

This process is referred to as spousal sponsorship, but different partnerships are valid other than a marriage.

The categories of spouse and partner can refer to three types of relationships.

Types of Partner Sponsorships

There are several ways that immigration officials define a spousal relationship.

They are:

● A Marital Relationship.

As long as the marriage was legally performed in any country and it is consistent with the laws of Canada, it will be recognized by Canadian authorities. The legality of the union will need to be verified by supplying a marriage certificate.

● Common-law Partnership.

Two adults who have been living together in a marriage-like relationship continuously for one year are considered common-law partners. For immigration purposes, this relationship has the same legality as a traditional marriage. The sponsorship process for a common-law partnership is more complicated because evidence must be provided in the form of shared bills or a lease or rental agreement with the names of both parties.

● Conjugal Partner Relationship.

This describes two people who have been in a marriage-like relationship but whom circumstances have not allowed to live together continuously for one year. The difficulty in this type of relationship, for the sake of immigration, is proving that the relationship is truly marriage-like and giving a valid enough reason as to why residing together has not been an option. This will only be considered an option if there are actual reasons the couple cannot live together and is not based on mere convenience. Authorities will be intent on seeing evidence that the coupling is not a sham for the purpose of Canadian citizenship.

Outside of Canada Partner Sponsorship

Normally, the partner who is already a citizen of Canada remains living there while they wait for the application approval. Their significant other would stay in their country of origin until the approval is granted.

When the application is approved, the partner is granted a permanent resident visa and can enter the country. Upon entry, they are considered a permanent resident.

It’s possible that the foreign partner or spouse can visit, provided they are from a visa-exempt country or can obtain another type of temporary visa. It should be noted that the Canadian authorities don’t like to issue temporary visas to a person whose application for permanent residence is in process. The idea is that these people aren’t actually visitors because their intent is to live in Canada permanently.

The Canadian partner can travel outside the country, though it is not recommended that they do so for extended periods of time. A Canadian citizen can live outside of Canada during the partner sponsorship period as long as they can show that their intent is to return to Canada to live after the approval is granted.

If the sponsor is not a Canadian citizen, but rather a permanent resident themselves, they are required to remain living in Canada during the application process.

Partner sponsorship can be a confusing process. If you need help, it’s wise to find an immigration lawyer who can guide you.

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