Canada issued new guidelines for determining if someone is eligible for membership in the spouse and common-law partner in Canada class. The Spouse or Common-Law Partner in Canada Class is only available to foreign nationals who are residing in Canada with their spouse or partner. IRCC's updated spousal sponsorship guidelines apply to spouses and common-law partners who want to remain in Canada as a member of the spouse or common-law partner in class. The new guidelines provide "humanitarian and compassionate grounds" if there is a relationship breakdown and the sponsored spouse still wishes to continue with their application for permanent residence, despite the end of their relationship, and the applicant will be exempt from the requirement to have temporary resident status:
The spousal public policy facilitates the processing of genuine out-of-status spouses or common-law partners in the spouse or common-law partner in Canada class who meet the other eligibility requirements of the class. Applicants who are covered under the public policy should be processed according to the provisions of the spousal public policy.
Spousal sponsorship and family reunification remain a priority for Canada. Canada's goal is to welcome 80,000 new immigrants through the Spousal, Partner, and Children category under the 2022-24 Immigration Levels Plan.
Spousal Sponsorship is A Priority
Canada continued to accept Spousal Sponsorship applications during the COVID pandemic, and in 2020, IRCC committed to faster processing of Spousal Sponsorship applications. Immigration minister Sean Fraser recently stated that IRCC is able to process new spousal applications in 12 months, and Canada launched a permanent residence tracker for spousal sponsorship so applicants can monitor their status.
Like so many other pathways to Canadian immigration, there are many Spousal Sponsorship requirements that must be met in order for the application to be accepted and permanent residence status granted. There is a spousal sponsorship application for spouses already living in Canada as well as a separate application for spouses living outside of the country.
Do You Need to Talk To A Canadian Spousal Sponsorship Lawyer?
Canada’s spousal sponsorship immigration laws can be confusing, and a missed deadline or missing supporting documents can result in delays or even denial of your immigration application. A Spousal Sponsorship Application completed with the help of a knowledgeable and experienced immigration professional can prevent many mistakes, save time and reduce stress. An experienced Canada spousal sponsorship immigration lawyer can help you to understand any points of confusion or overcome any issues that may pose a challenge to the application process.