One of the great things about sponsoring your spouse or common-law partner is that if you live outside Canada, you don’t have to wait until you return to Canada before you submit the application. However, there are several things you need to know.
The Sponsor must be a Canadian Citizen
In order to sponsor a spouse or common-law partner (including dependent children) while living outside Canada, the sponsor MUST be a Canadian citizen. Even though a sponsor can be a Canadian citizen or permanent resident if the sponsor resides in Canada, the sponsor can only apply for PR for their spouse from outside Canada if the sponsor is a Canadian citizen. Permanent residents can only sponsor family members for PR in Canada if they reside in Canada. This requirement is written in the Immigration and Refugee Protection Regulations.
The Principal Applicant (person being sponsored) must be the spouse or common-law partner of the sponsor
Even if the sponsor is Canadian, it is not possible to sponsor a member of your family while living outside Canada unless the person being sponsored is the
spouse /common-law partner / conjugal partner of the sponsor
the dependent child of the spouse or partner who is included on the application
the dependent child of the sponsor.
Parents, grandparents, or any other family member cannot be sponsored while the sponsor is residing outside Canada.
The sponsor and principal applicant MUST intend to reside in Canada once the sponsorship application is approved
If the sponsorship application is being submitted from outside Canada, the sponsor and principal applicant have to prove that they intend to reside in Canada as part of their sponsorship application. This proof is in addition to all of the other documentation required such as proof that the relationship is genuine. If the sponsor and principal applicant are found NOT to have resided in Canada after their sponsorship application was approved, IRCC can find that both the sponsor and principal applicant are guilty of misrepresentation, and can move to revoke the permanent residence of the principal applicant.
The sponsor, the principal applicant, and any dependent children must meet all of the other requirements for sponsorship
Even if the sponsor lives outside Canada, all of the other requirements for sponsorship still apply:
The sponsor must meet the income and eligibility requirements
The principal applicant and any dependent children must be admissible to Canada
The relationship between the sponsor and principal applicant must be bona fide and genuine
Contact us if you plan to sponsor your spouse or common-law partner from outside Canada.
The difference between types of sponsorship applications is a complicated question with a straightforward answer.
Spousal Sponsorship
A Spousal Sponsorship application is an application by a Canadian citizen or permanent resident to sponsor their husband or wife for PR in Canada. A sponsorship is only “spousal” if the person being sponsored is married to their sponsor. A spouse can be sponsored regardless of how long (or how little) the spouses have lived together. Spouses can be sponsored from inside or outside Canada.
Note: If you are married, then you do not need to include a statutory declaration of common-law union (form IMM5409). If you are married, then you cannot be common-law partners and the opposite is also true. Marriage and common-law partnership are mutually exclusive.
Common-Law Sponsorship
A Common-Law Sponsorship application is an application by a Canadian citizen or permanent resident to sponsor their common-law partner. To meet the legal definition of common-law partners, two people cannot be married. However, they must live together in a “marriage-like” or conjugal relationship:
They have lived together for at least one year*
They are in a romantic relationship
They are monogamous
Their social and financial lives are intertwined
If you are in a common-law relationship, then you cannot be married to your partner as described above. If you have a common-law partner, then you need to submit a form IMM5409 Statutory Declaration of Common-Law Union with your sponsorship application.
A Conjugal Sponsorship application is an application by a Canadian citizen or permanent resident to sponsor their conjugal partner. A conjugal relationship is a relationship which is “marriage like” as described above. However, the two partners are unable to get married AND unable to live together as partners for at least one year in order to meet the legal definition of common-law.
It is very important to note that marriages and common-law partnerships are both different types of conjugal (marriage-like) relationships. However, a conjugal partner can only be sponsored as a member of the family class if the two people in the relationship are completely unable to get married or live together as partners due to circumstances beyond their control.
Expense and/or inconvenience to one or both partners is not a valid reason for a conjugal sponsorship – if it is at all possible, the partners must either marry or live together as common-law partners to be eligible for sponsorship. Conjugal sponsorships are very rare as there is almost always a way for the two parties to meet the requirements for either spousal or common-law sponsorship. Conjugal partners can only be sponsored from outside Canada.
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A few things to keep in mind about all 3 types of relationships:
Can be a relationship between people of the opposite-sex or same-sex
Must be genuine relationships which are not for the purpose of immigration
Both the sponsor and the person being sponsored must meet all eligibility requirements
Contact us for information on eligibility for a sponsorship application.
*If common-law partners have previously lived together for at least one year, but are not currently living together, they may still be eligible to submit a sponsorship application.
You did it! You made it to retirement! After all the years of hard work, dedication, and saving, the time has finally come. Deciding where to spend your time during your retirement is not a decision to be taken lightly. Canada can be seen as a new adventure for many Americans during their retirement. Here are some ways retired Americans can spend their days in the true north.
Temporary Residents (Visitors)
U.S. citizens are able to cross in and out of Canada with only a passport. Americans can stay in Canada for 6 months at a time once they enter, unless CBSA (Canadian border officers) advise otherwise. While inside Canada, Americans can purchase or lease property, open accounts for household bills, have private insurance accepted by Canadian doctors and do certain types of volunteer work in the community. Some provinces, such as Ontario, even allow visitors to Canada to obtain a provincial photo ID card to use as photo ID accepted in Canada. Some banks also offer options for Americans.
In the past few years, Canada has seen a trend of “reverse snowbirds,” or Americans who spend half of their time in Canada and the other half back home in the US.
As visitors, Americans are not allowed to work, and are only allowed to take an educational course less than 6 months long which would finish by the time they were supposed to leave Canada as directed by CBSA.
If you are an American visiting Canada and you want to stay longer than the usual 6 months, then you do not need to return to the US and then re-enter Canada. Instead, you can apply to extend your status as a visitor from within Canada. As long as you submit your application before your status expires, then you continue to have legal status known as implied status.
Get Sponsored For Permanent Residence
Canada’s immigration system is geared toward younger individuals making a new life in Canada, and then contributing their tax dollars for the majority of their lives. If an American retiree has a child or grandchild that has used many of the other immigration streams widely available to them to make a permanent home in Canada, the child or grandchild is able to sponsor their parent or grandparent for permanent residence in Canada.
The requirements for the child or grandchild are simple. They must:
Be at least 18 years old
Live in Canada
Be a Canadian citizen or permanent resident
Be able to prove they meet the minimum financial and other requirements to be a sponsor
First, sponsors have to prove that they meet the above requirements. Then, the individuals being sponsored, have to prove that they are the relatives of the sponsor and are admissible to Canada (do not have medical problems which would constitute excessive burden on the healthcare system, and do not have criminal convictions). The applications take approximately two years to process once they are submitted. Just remember, the sponsor will be financially responsible for their parent or grandparent for the next 20 years if they sponsor them to Canada.
The parental and grandparental sponsorship lottery is now closed for 2020. However, it will reopen in 2021 with a cap of 30,000 applications, up from 10,000 in 2020.
Come out of retirement!
Coming out of retirement is just as big of a decision as going into retirement, but if the retiree makes the choice to go back into the work force, then the economic immigration streams are now open to them.
Start-up Visa for Business Owners
There are Canadian investors from designated organizations who want to invest their money in startups in Canada with foreign ownership. These investors must meet a minimum investment requirement to invest in the foreign business. Once the Canadian investor has found a foreign business they would like to invest in, they must have a commitment certificate and a letter of support for the foreign business. Once the Canadian investor does their portion of the application process, the foreign business owner can apply to become a permanent resident. The foreign business owner must send their application before the commitment certificate expires and include it in their application along with the letter of support. The great news is, once the permanent residence application is in process, the foreign business owner can apply for a temporary work permit in Canada.
Self-Employed Individuals
Self-employed individuals who work in athletic or cultural activities who will contribute to the enrichment of Canada’s culture or athletic scene can apply to become a permanent resident in Canada. While the definition of the program might sound vague and simple, there are strict requirements to prove the self-employed person’s true ability to provide entertainment for Canadians.
The applicant must be truly self-employed and have their abilities be recognized by the world, such as a professional athlete, actor, social media influencer, dancer, artist, or writer. The applicant must have a minimum of 2 years of experience in their field but will also be assessed on experience over the minimum two years, as well as their education, age, English or French language abilities, and their ability to adapt to life in Canada. The applicant will also have to pass medical examinations and police checks.
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Canada welcomes Americans with open arms. Contact us to see which is the best way for you to retire in Canada.
I submitted my spousal sponsorship application months ago. Why haven’t I heard anything back from IRCC Yet?
In March 2020, the covid-19 pandemic caused many problems with immigration applications being processed by IRCC, including:
Staff working from home leading to reduced work capacity
Case Processing Centres, Visa Application Centres, and Visa Offices closed until further notice or reopened with reduced staff
Applicants unable to provide biometrics
Frequent and significant increases in processing times
Most significantly, this has also led to a major delay in applicants getting the Acknowledgement of Receipt email from IRCC confirming receipt of family sponsorship applications.
CBC confirmed that IRCC did not open or process any family sponsorship applications between February 12, 2020 and Mid August 2020. Our office did not receive any acknowledgements of receipt for any type of family sponsorship application including In-Canada class, Family Class (overseas), or child sponsorship for applications submitted after mid-February until the first week of September 2020.
When can I expect to get my acknowledgement of receipt email?
AOR emails used to come in 6 – 12 weeks prior to covid. Now, it would be realistic to expect to receive the email approximately 6 – 7 months after you submitted your application in 2020 if you submitted later than the first week of February.
Can I call IRCC to check on my application?
Yes, you can call IRCC on the regular phone number of 1-888-242-2100. However, if you have not received the Acknowledgement of Receipt email with your 10-digit file number beginning with F, then IRCC will not be able to check on your application at all as it has not yet been entered into the system. Until you receive the AOR email with the file number, there is no way to track the application. Your only means of confirming that it has been received by IRCC is the delivery confirmation from the courier company you used.
Can my MP help?
Your MP will be unable to assist with your sponsorship application until a file number is issued by IRCC.
How long will it take to process my sponsorship application?
IRCC has stated that it is making efforts to finalize a large portion of the applications received this year by the end of 2020. However, given the fact that IRCC has admitted to a backlog of just under 50,000 applications, a much more likely scenario is that sponsorship applications received in 2020 will take longer than the official processing time on the IRCC website before a decision is made. A processing time of 12 – 18 months would not be out of the question for applications submitted in 2020.
IRCC is dealing with a scenario which has never occurred before. Every single Canadian immigration application in the world has been delayed in 2020. If your sponsorship was completed correctly and submitted with all of the necessary supporting documents, then you will eventually receive your AOR.
We are all in the same boat – all we can do is wait.
Amazing news for PR applicants – As of September 15, 2020, Service Canada centres are gradually resuming biometrics collection services for PR applicants who have received a biometric instruction letter.
How To Give Biometrics
You can ONLY give Biometrics at Service Canada if you are a PR applicant AND
You have received a biometric instruction letter (telling you to provide biometrics) AND
An Officer calls you to schedule an appointment for you to give your biometrics at Service Canada
You cannot provide your biometrics inside Canada until an officer calls you to schedule an appointment.
Do not go to the port of entry (Canadian border) to provide biometrics
Do not call the Service Canada call centre
Biometrics collection centres outside Canada are also opening gradually – check the VAC nearest you to see if they are open if you are outside Canada
How Soon Can You Give Biometrics?
Service Canada is calling people to give biometrics based on two factors:
How long ago they applied for PR
Where they live
Those who have been waiting the longest will be contacted first. Applicants who live in a highly populated area such as greater Toronto or Vancouver will take longer to receive an appointment based on how many applicants need to give biometrics.
What Happens When Service Canada Calls?
When Service Canada calls you, you will have to provide them with the following information:
Your IRCC application number (located on your biometrics instruction letter)
Preferred appointment location
Preferred appointment time based on availability.
If you applied for PR using an immigration consultant or lawyer, and their phone number is listed with IRCC as the phone number on file for the application, Service Canada will call your consultant or lawyer rather than calling you directly. You can update or change the phone number on file with IRCC by submitting a Case Specific Enquiry webform.
Who Has To Give Biometrics?
Inside Canada, only applicants for PR are currently required to give biometrics. Applicants for temporary residence such as a work or study permit are still exempt from giving biometrics.
Deadlines to provide biometrics have been extended indefinitely – regardless of the deadline on a biometrics instruction letter, no application for PR will be refused due to the applicant’s inability to provide biometrics by that deadline regardless of whether it is 30 or 90 days.
Who Cannot Give Biometrics?
The following individuals will not be allowed to give biometrics:
symptoms of COVID-19, including a fever, a cough or difficulty breathing
had contact with a confirmed case of COVID-19 in the past 14 days
been instructed by local public health authorities to self-isolate due to travel or contact history
Contact Us if you have questions about applying for PR during covid-19.
Can a Sponsor or Sponsored Person Collect Employment Insurance?
Is a Sponsor allowed to collect Canada Emergency Response Benefit (CERB for covid-19) or Employment Insurance (EI) before, during, or after the sponsorship process? What about the Principal Applicant?
If you are planning to submit, or have already submitted your application to sponsor your spouse, common-law partner, child, or other family member, you are completely allowed to collect CERB or EI.
Sponsors
A sponsor collecting CERB or EI before, during, or after the sponsorship application process will not jeopardize the sponsorship application in any way. Neither is considered social welfare, so neither falls under the bars against sponsorship that can cause an application to be refused.
The same goes for disability – you are allowed to collect disability and still be a sponsor.
You are not allowed to collect Ontario Works or any other type of social welfare at any time during the application process – doing so makes you ineligible to be a sponsor.
Type of Government Payment
Allowed or Not
CERB
ALLOWED
EI
ALLOWED
Disability
ALLOWED
Ontario Works
NOT ALLOWED
Other Social Welfare
NOT ALLOWED
Principal Applicants
A principal applicant for PR in Canada who is being sponsored as a family member is also allowed to collect CERB or EI at any time before, during, or after the process.
If a principal applicant is entitled to collect CERB or EI, neither they nor the sponsor will have to pay this money back at a later date. When you work, you pay Employment Insurance premiums (this amount is deducted from your paycheque every pay period). The money is already yours – you don’t have to pay it back.
However, if the person who was sponsored to Canada collects Ontario Works or any other type of social welfare (other than disability) while the sponsorship is in process, or at any time during the length of the undertaking (see below), then the sponsor will be considered in default of their sponsorship and the sponsor will have to pay this money back to the government.
If a sponsor is in default, they will continue to owe the money indefinitely despite any consumer proposal or bankruptcy proceeding – the debt never goes away. They will also be unable to sponsor anyone again until the debt is paid.
Person Sponsored
Undertaking Length After Becoming a PR
Spouse, Common-law Partner, Conjugal Partner
3 years
Child – 15 years old or younger at time of landing
10 years
Child – 16 to 21 years old at time of landing
Until they are 25 years old
Child – 22 years old at time of landing
3 years
Parent
20 years
Grandparent
20 years
Dependent Child of Parent or Grandparent
20 years
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Contact us if you aren’t sure whether you meet the requirements to submit a sponsorship application.
This is one of the questions that people ask most frequently, and sometimes the answer is not always obvious. There is a lot of misinformation out there, and I even fell victim to it myself back when I was sponsored to Canada in 2008 (long before I was an immigration consultant!). Had I been in a less privileged position, I might have found myself locked out of Canada.
Here are some guidelines to help you make the best choice.
In-Canada Class
Family Class
Applicant Eligible for Work Permit
N/A
Applicant must reside in Canada
Applicant can travel as much as they want
Interview almost never convoked
Interviews can be frequent / Applicant will have to return to country of nationality for interview if in Canada
No right of appeal
Right of appeal per s.63 of IRPA
Applicant cannot be deported for lack of status once application received by IRCC
N/A
Is your spouse or common-law partner in Canada, or can they get here?
To apply for PR under the In-Canada Class sponsorship, your husband, wife, or partner needs to be physically present in Canada – no exceptions. For this reason, the In-Canada Class application is used most frequently by people who do not need a visa to enter Canada such as Americans, Australians, and most Europeans.
If it is not possible for your spouse to come to Canada, then Family Class sponsorship is your only choice.
Is your spouse OK with living primarily in Canada for the duration of the application processing time – approximately 8 – 12 months?
There are a lot of ugly rumours about In-Canada Class sponsorship applicants not being allowed to leave Canada while their application is in process. Here is the truth: Yes, your spouse is required to live in Canada to be eligible for In-Canada processing. But this does not mean that they are unable to leave.
In-Canada Class applicants are allowed to travel outside Canada on vacation, for work, to visit family, or for any other reason. They just should not travel outside Canada too frequently or remain outside Canada for too long.
There is no set number of days that applicants need to be in Canada – this is at the discretion of immigration officers. However, if an officer does not allow the applicant to re-enter Canada for any reason, then the In-Canada Class application will end up being refused.
*If the applicant is on implied status and they leave Canada, they will lose implied status and their ability to work in Canada until their new work permit is issued if they were on implied status as a worker.
**If the applicant is out of status in Canada (has no legal status due to an overstay or other reason), they should not leave Canada at all during the processing of their sponsorship application. Once an In-Canada Class sponsorship application is received for a person who is out of status, they cannot be asked to leave Canada solely because they are out of status. People who are out of status should generally only use the In-Canada Class.
Are you and your partner already married?
You do not have to already be married for your spouse to enter Canada and for you to sponsor them – you can get married in Canada, and it’s easy! You are not required to leave Canada to get married or to enter Canada as a married couple in order to do In-Canada Class spousal sponsorship.
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If your spouse is inside Canada or can get to Canada, and they are comfortable living in Canada until a decision is made, then In-Canada Class is frequently the best option. However, sponsorship applicants are still allowed to use the Family Class application even if they are physically present in Canada.
An In-Canada Class sponsorship application allows applicants to get a 2-year open work permit while their application is in process. In-Canada Class sponsorship applicants also very, very rarely have to attend an in-person interview with an immigration officer – depending on which country the applicant is from, interviews can be costly and also cause a large increase in processing times.
If restrictions on travel are not practical for the applicant, then Family Class is usually the better option. Even if the applicant is in Canada, with the Family Class sponsorship application, they can travel as much as they need to. Family Class applicants still need to meet the requirements to be let back into Canada, but the application will not be refused if the applicant is refused entry to Canada for some reason.
Family Class sponsorship also allows the right of appeal if the application is refused – this is not allowed with an In-Canada Class application. However, applicants also have the right to submit a new application in both cases.
Is your partner out of status (illegal) in Canada?
If the applicant for PR is out of status in Canada, such as having overstayed on a visa or after their work permit expired, then you need to use the In-Canada Class to sponsor them for two reasons:
Once the application is received by IRCC, the applicant cannot be deported for being out of status in Canada
Applicants without status in Canada can still be granted PR, whereas applicants under other streams for PR (such as the Family Class) must have valid status in order to become a permanent resident.
See our guide for sponsorship of out of status sponsorship applicants HERE.
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There is no one-size-fits-all answer to whether you should choose In-Canada Class sponsorship or Family Class sponsorship. One is not better than the other. You simply have to choose the one that is right for your family.
Contact us for more information about both options and how the rules will apply to your case.
Here are the most common mistakes that we have found people make on their In-Canada class spousal sponsorship or common-law sponsorship applications:
1. Not including most recent Canadian entry stamp AND copy of flight itinerary to show current status in Canada
The biggest benefit of submitting an In-Canada class sponsorship application is that the principal applicant can get a two-year open work permit.
BUT, in order to be eligible to receive the work permit, the applicant MUST demonstrate that they have valid temporary status in Canada (as a visitor, worker, or student) at the time that the sponsorship and work permit applications are received by IRCC.
If you do not demonstrate that your status in Canada is valid, your work permit application can be refused.
These days, CBSA is not making this any easier as many, many temporary residents of Canada are not receiving a stamp in their passport showing the date of their last entry. If you are entering Canada, you can just ask CBSA to stamp your passport. But if you forget, don’t worry.
Include a copy of your flight itinerary to show the date you departed and the date that you arrived in Canada. We also recommend including an explanation of why you don’t have an entry stamp just to make sure there is no doubt that you are in valid status and eligible for your work permit.
2. Not including ALL step-children, step-siblings, and half-siblings on the Additional Family Info form (IMM5406)
If the sponsor has children, don’t forget this makes them the principal applicant’s step children and they should be included on the family info form.
If the principal applicant has half or step-siblings, make sure they’re included on the form and specified as half-siblings – no one should be left off the form.
3. If your native language does not use the Latin alphabet (Chinese, Russian, Vietnamese, Urdu, Hindi to name a few), make sure to write all names on the Additional Family Info form IMM5406 in their native language.
This is a tricky one – if you leave the native language off of the form, the application will be returned as incomplete.
Make sure that the names of all family members listed are written in the native language. If you don’t have the characters of the native language on your computer, you can write them in by hand after you have printed out the form.
4. Not making sure that the sponsor’s employment history and address history go back the full 5 years on the relationship info form IMM5532
A really common mistake that people make is either leaving gaps in the history or not taking the history back far enough.
Even a gap of one month can cause the entire application to be deemed ‘incomplete’ and returned. All historical accounts should be included with no gaps in between the occurrences.
For example, if you finished one job in April and then started a new one in June, you would still need to include that during the month of May you were unemployed.
5. Make sure that any previous application refusals are discussed in the Schedule A form IMM5669
No matter the reason for any previous refusal of an application such as a refused visitor visa or work permit, this refusal MUST be disclosed on the Schedule A form.
Failure to disclose a prior refusal could lead the applicant into the territory of misrepresentation, which is the absolute worst case scenario in Canadian immigration. Those found to have misrepresented face a 5-year bar from becoming a permanent resident. Don’t ever do it!
6. Translations MUST meet all of the requirements for Canadian immigration, regardless of where they were done. This includes a certified copy of the original foreign-language document and translator’s declaration as necessary.
Problems with translations happen most frequently when translations are done outside Canada. Translation services in Canada can be very expensive, so having the documents translated in their country of issue can sometimes save a lot of money especially if you have a lot of documents to translate.
However, translators abroad frequently are not familiar with the Canadian government requirements. If you submit an application with translations that do not meet the requirements, the application can be returned or you can be required to provide new ones.
The easiest way to avoid translation problems is to use a certified Canadian translator. If you still want to use a translator who is not certified, make sure you are completely clear on the requirements.
7. Making sure that you have enough proof that you reside together, and that you have done so for at least one year if you are common-law partners.
It’s extremely common for applicants and sponsors to live together with other family members such as parents or siblings, or even other roommates, in order to save money on rent. This is not a problem for your sponsorship application.
However, you do need to show that you currently live together and confirm how long this has been the case.
If you do not have a formal lease, your landlord can write a letter confirming when you moved in together even if they are your family member.
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If you decide to have one of our consultants review your In-Canada sponsorship application, they will go over all documents, forms, and relationship evidence in detail and provide you with written notes for changes and improvements which can make your application stronger and keep it from being returned.
The cost for sponsorship application review is $595 + HST.
416-827-8778 
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