Canada Spouse Visa:

PR sponsorship for spouse helps to reunite couples in Canada. This category of immigration falls under family class sponsorship. Spousal Sponsorship is for any individual who is living in Canada and wants to bring their spouse to Canada.

Anyone who recently got married or has been married for some time can apply for Spousal Sponsorship or PR sponsorship for spouse. Canada’s immigration gives first priority to family reunification out of all its immigration programs.

Spouse Visa Canada Requirements:

For you to sponsor your spouse, you have to meet certain requirements and provide enough evidence to immigrate to Canada. If you have a genuine relationship and fail to provide required proof of relationship, your application can still be rejected. Sometimes, the applicant could be charged under misrepresentation even for an innocent mistake on the application. Only if proven, misrepresentation can ban an individual for five (5) years from applying to immigrate to Canada.

Therefore, it is important to get the help of a professional to help you navigate the process. Following basic instructions via checklist is not enough. In this blog, we will discuss the requirements of sponsor and applicant to qualify under the spousal sponsorship program.

Spousal Sponsorship Eligibility Canada:

First, we have to talk about the sponsor. Who is the sponsor in the application? Anyone with a permanent resident or Canadian citizenship status in Canada can be a sponsor. Also, the sponsor must be in a genuine relationship with their spouse. Below are the requirements to become a sponsor. The sponsor:

• Must be 18 years of age
• Has a status in Canada either PR or Canadian citizen
• Cannot be criminally ineligible
• Must not be bankrupt under the Bankruptcy and Insolvency Act
• Needs to have a sufficient income to provide for the basic needs of their spouse/common-law partner. Although the sponsor is exempt from the income requirement, however, some level of income and financial stability needs to be proven to IRCC.

Proof of Relationship in Spousal Sponsorship:

One of the tests required for application approval is the genuineness of the relationship. The applicant (Spouse) and the sponsor must be in a genuine relationship in order to immigrate to Canada. To prove genuineness, the applicant and the sponsor have to provide enough evidence in support of their application. You must not be in a relationship solely for the purposes of getting permanent residence in Canada.

If the evidence provided to prove the relationship is not enough, the application becomes a subject of extra questioning. In case of not enough evidence, the immigration officer sends a notice to the applicant to provide more evidence. In some cases, the applicant gets a procedural fairness letter (PFL).

What is Procedural Fairness Letter (PFL)?

A procedural fairness letter (PFL) is basically a last chance given to the applicant to provide strong evidence to prove relationship. Failure to do so could result in the refusal of their application.

Another way for an immigration officer to test the genuineness of a relationship is to interview the applicant and sponsor. The immigration officer directly asks questions from the applicant regarding their relationship. The applicant gets a request for an interview, only if the immigration officer wants to directly interact with the applicant. Please note, not everyone goes through the interview process. In fact, a majority of the cases do not require an interview at all. It all depends on how different your case is and how you prepared your application for it.

Proof of Rukhsati For Pakistani Couples:

Often Pakistani married couples receive a procedural fairness letter because they are not able to provide a proof of Rukhsati (it is a ritual where the bride moves in with the bridegroom). It mostly happens when the applicant is self-represented. Rukhsati is the make or break for spousal sponsorship applications. You have to provide proof of Rukhsati to IRCC as it is considered a very important part of establishing your relationship.

Inland vs Outland Spousal Sponsorship:

This refers to two different ways a Canadian citizen or permanent resident can sponsor their spouse or partner for permanent residency. Inland sponsorship is for couples already living together in Canada, where the sponsored spouse may also be eligible for an open work permit while the application is being processed. Outland sponsorship, on the other hand, is for spouses living outside Canada (or who choose to apply through their home country’s visa office). While outland applications are generally faster and allow for travel during processing, inland applications are better suited for couples who want to remain together in Canada during the process. Choosing the right stream depends on your current living situation and travel needs.

Spousal Open Work Permit Eligibility (SOWP):

The Spousal Open Work Permit is available to inland spousal sponsorship applicants who are living in Canada with their sponsoring partner. To be eligible, the applicant must have valid temporary resident status (as a visitor, student, or worker), live at the same address as their sponsor, and have submitted a complete spousal sponsorship application under the Inland (Spouse or Common-Law Partner in Canada) Class. Once approved for the work permit, the spouse can legally work in Canada while waiting for their permanent residency. This option helps couples stay together and financially stable during the processing period.

What is First Stage Approval (AOR)?

Once you submit the application for spousal sponsorship, you receive an AOR from IRCC. This is usually considered as the first stage approval of spousal sponsorship.  IRCC receives the application and issues an acknowledgment of receipt (AOR) to the sponsor. This stage was previously known as “first stage approval”.

Application Approval:

Once the genuineness of the relationship is established, the application then goes through the medical and background checks. Upon successful processing of those checks, the applicant eventually gets a passport request. At this stage, the application processing is almost complete.

For more information and to apply for spousal sponsorship, feel free to contact our office. We are happy to help and provide consultation in matters relating to family sponsorship. We make sure our clients have a smooth experience while navigating the complex process of immigrating to Canada.