Family reunification is an important component of Canadian immigration. If you are a Canadian citizen or a permanent resident of Canada, you can sponsor your spouse to be reunited in Canada.
In Spousal Sponsorship, the applicant and their spouse must be married and their relationship must be genuine. You must be at least 18 years of age or older; you must agree to give care and financial support to your spouse. You must also meet certain requirements to qualify learn more….
A spouse is basically someone who is married to the sponsor and the marriage is genuine and legal. A spouse can either be of opposite sex or the same sex.
- Opposite sex –the marriage must be valid both under the laws of the jurisdiction where the marriage took place and also recognized under the Canadian law
- Same sex – the marriage must be recognized for immigration purposes. It could be either it was legally performed in Canada or recognized under the laws of the jurisdiction where the marriage took place and under Canadian law
If you were married in Canada:
- You must have a marriage certificate issued by the province or territory where the marriage took place.
If you were married outside Canada:
- The marriage must be valid under the law of the country where it took place and under Canadian law, and
- The marriage, if performed in an embassy or consulate, must follow the law of the country where it took place, not the country the embassy or consulate represents.
Sponsoring your same-sex partner as a spouse
You can apply to sponsor your same-sex partner as a spouse if you:
- Are a citizen or permanent resident of Canada and
- Were married in Canada and issued a marriage certificate by a Canadian province or territory on or after one of the following dates:
- British Columbia (on or after July 8, 2003)
- Manitoba (on or after September 16, 2004)
- New Brunswick (on or after July 4, 2005)
- Newfoundland and Labrador (on or after December 21, 2004)
- Nova Scotia (on or after September 24, 2004)
- Ontario (on or after June 10, 2003)
- Quebec (on or after March 19, 2004)
- Saskatchewan (on or after November 5, 2004)
- Yukon (on or after July 14, 2004) or
- All other provinces or territories (on or after July 20, 2005).
SAME SEX PARTNER MARRIED OUTSIDE CANADA
If you were married outside Canada, you may also apply to sponsor your same-sex partner as a spouse. However, the marriage must be legally recognized according to the law of the place where the marriage took place and under the Canadian law.
It is your responsibility to provide information to CIC confirming that your same-sex-marriage was legally recognized when and where it occurred.
Frequently Asked Questions
Gathering Necessary Documentation
We are here to help! We’ll guide you to collect and compile every document needed for your application. Without a well prepared application and needed supporting documents, the processing of your application would not only be delayed, it could even be refused.
Evidence and Supporting Document
You will need to proof that your marriage is legal and genuine.
If you were married in Canada –
- This can be in the form of proof such as a marriage certificate issued by the province or territory where the marriage took place.
If you were married outside Canada –
- You have to proof that the marriage is valid under the law of the country where the marriage took place and is also valid under the Canadian law
- If the marriage is performed in an embassy or consulate, it must follow the law of the country where it took place, not the country the embassy or consulate represents.
Proof of relationship
You will need to keep a record of your current and past communication messages, bank statements or money transfer receipts to proof your ongoing relationship. If you have engagement or wedding, include your engagement photos and wedding photos if available:
- Detailed Phone Records
- Email and Chat Messages
- Text Messages
- Hand-written Letters and Cards
- Record of your bank statements or money transfer receipts if you have been providing any financial support
- And travel tickets if you have been travelling together
- Engagement photos, wedding photos
- Photos on honeymoon
Overseas sponsorship vs Inland sponsorship
You can file your sponsorship application either within Canada or at a visa post overseas responsible for the principle applicant/ sponsored person.
With overseas sponsorship application, you file your sponsorship application at a visa post overseas responsible for the principle applicant/ sponsored person if your spouse is not presently residing in Canada. It is also a faster process than the inland sponsorship application.
If your spouse is presently residing in Canada, you have an option to file your sponsorship application either inland or overseas. With inland sponsorship application, you file your sponsorship application to Case Processing Centre (CPC) Mississauga, Ontario Canada. It is however a longer process than the overseas sponsorship application. Yet, it has its advantages and its disadvantages too. Make sure you talk to your immigration consultant for your options.