Spouses/partners are given top priority under immigration law in Canada.
Some of the requirements, such as minimum income, are not needed for one to sponsor his or her spouse/partner.
First, let us see who falls under Spousal/Common-Law Partner/Conjugal Partner category.
Spouse
- You can sponsor someone as a spouse if you are married under Canadian or a foreign country law.
- If you were married in Canada, you should have the marriage certificate issued by the provincial/territorial authority.
- If you were married in a foreign country, then the marriage must be valid under that country’s, and Canadian, law. In case you were married in a foreign embassy/ high commission or a consulate premises in a country, then the marriage must be valid under the laws of the country where the diplomatic mission is located, and not under the laws of the country of diplomatic mission. For example, if the marriage was conducted in the Chinese embassy in India, then the marriage should be valid in India, and not in China.
Common-Law Partner
- If two people – either of the opposite gender or of the same – have been living together in a conjugal relationship for least one year in 12-month period. Short absences are allowed for business and family reasons.
- You have taken steps to set up a household together and these steps can include joint bank accounts and credit cards, joint ownership of a home, joint rentals, and mail addressed to either the same person or both at the same address.
- Those who live in exceptional circumstances that prevent them from living together as common-law partners or spouses can apply under this category.
- You could prove that your coming together is being prevented for a number of reasons such as an immigration barrier, your sexual orientation or if you have been refused long-term stay in each other’s country.
- You can apply if you can prove you want to get married/live together but cannot because of war or other similar situations.
- You cannot apply if you could have lived together but chose not to for reasons such as education and career.
Criteria for the Sponsor
The sponsor should commit to financially support the partner for three years from the date the spouse/partner becomes a permanent resident.
Some Reasons Why You Cannot Sponsor
You had failed on a previous sponsorship commitment.
You had failed to pay a court-issued support order such as alimony or child support.
You had received state assistance for reasons other than disability.
You had declared bankruptcy and have not been released from it.
You were convicted of violent crime.
You are in prison.

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