Partner Visa For Canada

One thing that is so important to understand if you are at the stage of deciding whether to file for a partner visa or not, is that this is one of the few serious steps in your life that you will ever take. Once you decide, there is no turning back, and for starters it may just be the beginning of another exciting chapter in your life together with your spouse (who will be granted as a dependant) with all the good things associated with it.

This article is intended for anyone who is to be sponsored by a person in Canada, as well as for Canadian citizens whose fiancé or spouse would like to reside permanently within Canada. Find out about the different types of visas available and how you can apply for some tools that will help your case.

There are a lot of visa options under the Federal Skilled Worker category. Most of them are complicated and have many criteria to meet. Here we’ll focus on the most valuable of those options: The live-in partner of a Canadian citizen or permanent resident.

Partner Visa For Canada

Here at Canada Visa Expert, we provide our clients with the necessary tools and resources to successfully immigrate to Canada and become a permanent resident. We help you with applications for the Quebec Skilled Workers, Federal Skilled Workers, Live-in Caregivers and the Business Immigrants.

Did you know that Canada’s current immigration system does not favor family ties and marriage to Canada? In fact, unlike Australia and New Zealand, the spouse of a Canadian is not allowed to independently apply for Canada’s Immigrant Visa program.

Who can use this application package?

Use this application package if you’re a Canadian citizen, Registered Indian or a permanent resident of Canada who is 18 years of age or older and you want to sponsor:

• your spouse or common-law partner who lives with you in Canada, and their dependent children
• your spouse, common-law partner or conjugal partner who lives overseas, and their dependent children
• your dependent children

Use this guide to help you prepare both:

• your application to sponsor your spouse, partner or dependent child, and
• your spouse, partner or dependent child’s application for permanent residence.

If you’re applying under the Spouse or Common-law partner in Canada class, your spouse or partner may be able to apply for an Open Work Permit. For more information, see the section Working and studying for spouses and partners.

Don’t use this guide if you’re sponsoring:

• an adopted child or orphaned family member
• other family members who are not your spouse, partner or dependent child.

If you’re sponsoring a family member other than your spouse, common-law partner, conjugal partner, or dependent child, use the sponsorship package for adopted children and other relatives instead.

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Your obligations as a sponsor

When you agree to be a sponsor, you must sign an undertaking, promising to give financial support for the basic needs of your spouse or partner and their dependent children.

Basic needs are:

• food, clothing, shelter and other needs for everyday living,
• dental care, eye care and other health needs that aren’t covered by public health services.

Before signing the undertaking agreement, you must make sure the people you sponsor won’t need to ask the government for financial help. If they receive social assistance, you’ll have to pay back what they received during the time you are legally responsible for them. You won’t be able to sponsor anyone else until you’ve repaid the amount. For more information, see the Defaults section below.

The undertaking is a binding promise of support, meaning that it is your responsibility to support the applicant(s) for the length of the undertaking period even if your situation changes. The undertaking will stay in effect for the length of the undertaking period, even if your situation changes. The undertaking won’t be cancelled, even if:

• the person you sponsor becomes a Canadian citizen
• you become divorced, separated or your relationship with the sponsored person breaks down
• you or the person you sponsor move to another province or country
• you have financial problems

May I cancel my undertaking after it’s been approved?

If you change your mind after you submit the sponsorship application and undertaking, you must write us a letter before a final decision is made on the file and submit the letter as an attachment through the IRCC Webform. You can only withdraw an undertaking if we approve the withdrawal.

Length of undertaking

Your obligations as a sponsor start as soon as the undertaking is in effect. If you change your mind after you submit the sponsorship application and undertaking, you must write us a letter before a final decision is made on the file and submit the letter as an attachment through the IRCC Webform. You can only withdraw an undertaking if we approve the withdrawal. See Step 6 to find out where to mail your letter.

The length of undertaking for residents of Quebec is different from the length of undertaking for the rest of Canada. For more information about sponsoring a family member in Quebec, see detailed information for length of undertaking for residents of Quebec.

For sponsorships in all parts of Canada except for Quebec, the information below explains how long your undertaking will be valid.

You’re sponsoring a spouse, common-law partner or conjugal partner

Length of undertaking is 3 years from the day your spouse, common-law partner or conjugal partner becomes a permanent resident.

You’re sponsoring a dependent child over 22 years of age

Length of undertaking is 3 years from the day your dependent child (or the dependent child of your spouse, common-law partner or conjugal partner) over 22 years of age becomes a permanent resident.

You’re sponsoring a dependent child under 22 years of age

Length of undertaking is 10 years from the day your dependent child (or the dependent child of your spouse, common-law partner or conjugal partner) under 22 years of age becomes a permanent resident, or until the child becomes 25 years old, whichever comes first. The length of undertaking for residents of Quebec is slightly different.

Note: You’ll be in default if your relative gets social assistance from the government while the undertaking is in effect.

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Become a sponsor

You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
• living in Canada:
  • if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
  • You can’t sponsor someone if you’re a permanent resident living outside of Canada.
• able to prove that you are not receiving social assistance for reasons other than a disability, and;

You must also be able to show that you can provide basic needs for:

• yourself,
• your spouse or partner,
• your spouse or partner’s dependent child(ren) (if applicable)
• your dependent child(ren) (if you’re sponsoring only your dependent child).

Note: In most cases, there is no low-income-cut-off (LICO) for spouse, partner or dependent child sponsorships. However, if either a spouse or partner you’re sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian government each year.

If you must meet LICO requirements, you must include a Financial Evaluation (IMM 1283) form with your application (see your checklist for more details). If you live in Quebec, you don’t have to submit this form to IRCC. See subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR) for more information.

If you live in Quebec, you must also meet Quebec’s conditions to be a sponsor.

Note: Maternity, parental and sickness benefits paid under the Employment Insurance Act are considered income. You can still sponsor, if you’re eligible, while on these benefits. Other payments, such as employment insurance and federal training allowances, are not considered income.

You may not be able to sponsor if you…

• are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,
• previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
• are in default on an immigration loan or a performance bond
• did not pay court-ordered alimony or child supportFor more information. See Defaults below.
• have declared bankruptcy which has not been discharged
• were convicted of
  • an offence of a sexual nature,
  • a violent crime,
  • an offence against a relative that caused bodily harm or
  • threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardonFor more information. See Sponsorship Bar for Violent Crime
• are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,For more information. See Five-year Sponsorship Bar
• are under a removal order,
• are in a penitentiary, jail, reformatory or prison,
• have already applied to sponsor your current spouse or partner and haven’t received a decision.

Sponsoring if you live outside Canada

If you’re a Canadian citizen living outside Canada, you can sponsor your:

• spouse,
• common-law partner,
• conjugal partner,
• dependent child.

You must show that you’ll live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents living abroad can’t sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be living abroad.

Defaults

You can’t become a sponsor if any of the situations below apply to you:

A previous sponsorship undertaking

If family members you sponsored in the past got social assistance or welfare while the undertaking was valid, you can’t sponsor until:

• you repay the full amount of any social assistance or welfare payment or
• repay the debt to the satisfaction of the government authority that issued the benefit or ordered you to pay.

See appendix D to find out how to repay the money owed.

An immigration loan

If you got a transportation, assistance or right of permanent residence fee (previously called the right of landing fee) loan and have missed payments:

• You can’t sponsor if you are in default of your loan. For more information, contact us.

Support payment obligations

If you were ordered by a court to make support payments to a spouse or child and haven’t made payments:

• You can’t sponsor until you resolve the family support matter.

A performance bond

If you agreed to pay money to guarantee that an immigrant would fulfil their obligations under immigration legislation:

• You can’t sponsor until you pay the full amount of the bond.

Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner

• If a spouse or partner sponsored you, you can’t sponsor a new spouse or partner within five years of becoming a permanent resident.
• This rule applies even if you got your Canadian citizenship within those five years.