Spouse or common law partner sponsorship

Spouse or common law partner is the biggest chunk of family class cases processed by us. While submitting an application, onus to prove genuineness of marriage lies with the applicant, which at times can be a tricky.

The Spousal Sponsorship application process is a daunting and time consuming task. It is very administrative for the most part, but can also be overwhelming and challenging should a case not be straight-forward (previous marriages, arranged marriages, marriages less than 2 years, children from previous marriages, common-law relationships) . Typical spousal applications are between 120 - 150 pages, after including all government forms and accompanying evidentiary documents. If documents are required to be translated, it can be as many as 200 pages.

The Canadian government has become increasingly stricter when reviewing applications and granting approvals. There has been a growing number of fraudulent applications from people who are using the Spousal Sponsorship application process to obtain permanent residence illegally. This has made it much more challenging to prepare a strong application that will be approved without issues. Often, when individuals attempt to apply on their own, the application is weak and the visa officer is not convinced of the genuineness of the relationship. They will either request an interview for both people, issue a procedural fairness letter requesting more evidence with further explanation, or an outright refusal. Thus it is strongly advised to consult an Immigration Consultant before starting the process.

Processing times on average are between 8 to 12 months, depending on the visa office responsible for processing the application. Some larger visa offices such as the USA can process applications as fast as 4 to 6 months.

All applications for both Inland and Outland Sponsorship are submitted to CPC-M in Mississauga. Once an application is deemed to be complete with all required forms and documents, and the sponsor is eligible, the application is forwarded for further processing. Incomplete applications are returned 3 months later.

Spousal sponsorship application are categorised into two types

• Outland Spousal Sponsorship: the application will be processed through the visa office in the sponsored spouse's country of citizenship or where they legally reside (if outside Canada). If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category. Applying under this category will make you eligible to Appeal a refusal. You will not have rights to appeal for an Inland Spousal Application.
• Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): the application will be processed in Canada and you and your sponsor MUST live together. The person being sponsored MUST have temporary status in Canada as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit.

Unfavourable outcome:

Preparing for a spousal application can be a tedious activity, with an average application being of 150 to 200 pages. What is given in the web site is the forms, what is not given is how to prepare a strong application. With the growing number of fraudulent applications, the Canadian government has become stricter while reviewing applications and granting approvals. If you are not able to prove to the case processing officer, the genuineness of relationship, the officer will give one of the following outcomes

• Refuse the application You have 30 days to apply for an appeal to IAD, provided it was an Outland Sponsorship Application. If an appeal is not filed within 30 days then the decision will be upheld.
• Return the application Generally this will happen within the first 90 days of submitting an application. If the application was filed inland, and a person is relying on implied status via the Open Work Permit being approved, they will fall out of status as the work permit will not be processed. If the person has been out of status for less than 90 days, they can apply for Restoration of Status and resubmit the Spousal application. If 90 days have passed since falling out of status, they will need to leave Canada. Application can be reapplied.
• Release a procedural fairness letter IRCC will send a Fairness Letter, requesting additional information. It is imperative to provide a detailed submission letter, along with evidence that will support the application. Failure to do so will result in a refusal. If you find yourself in this situation, it is strongly advised to retain professional help to help prepare a response.
• Request an interview for both the parties Interview can be tricky affair. An Immigration expert will help you prepare for an interview in terms of what the immigration officer is asking and how you can answer the questions. Often people in interviews tend to get nervous and answer questions either inconsistently or incorrectly. The visa officer if not convinced by the end of interview will refuse the application.

If you are in any of these circumstances, it is strongly advised that you hire the services of an immigration expert as any mistake at this stage can be detrimental to the success of your application

Proving genuineness of Relationship

The IRCC scrutinizes the genuineness of every relationship to ensure the applicant is not committing marriage fraud in order to immigrate. If the officer is not convinced the marriage is genuine, they will refuse the application and can ban the sponsored spouse for 5 years from entering Canada for Misrepresentation. Some criteria that the IRCC takes into consideration when assessing applications:

• Compatibility of couple
• Co-habitation (or lack of)
• Length of relationship (2 years and shorter require more documents)
• Differences in religion, or caste (eg: Indian, Pakistani relationships)
• Age difference
• Difference in education
• Cultural differences
• Issues with Police checks
• Issues with divorce records
• Issues with children from another marriage (accompanying and non-accompanying)

If you are failing in any of these criterion, it does not mean that your application will be refused, but what it means is that your application should address the concerns of case officer on these. We at Dhill Immigration Consultancy can help you safely navigate through this.

Reasons for returned applications

Any returned application will cause you a delay in processing by 3 to 6 months. We at Dhill Immigration Consultancy can help you avoid some of the common mistakes thus enabling faster processing of your file. Some of the common reasons for return of files are

• Outdated / Incorrect version of Forms: Forms change every 1 -2 months.
• Incorrectly answering questions: (approximately 200 questions)
• Leaving questions blank / unanswered
• Missing Required Forms / Documents / Evidence
• Incorrect picture specifications
• Incorrect fees paid or not included in application
• Mixing up the "Principal applicant" and the "Sponsor"
• Country Specific Requirements: Not included or incorrect