Shabnam Akrami Blogs
Spousal Sponsorship Application Refused
Reasons your Spousal Sponsorship gets Refused
Many times applicants file their own Spousal Sponsorship Application without thoroughly doing their research of the requirements they need to meet or they fail to provide sufficient supporting documents with their application. When starting an application without much knowledge in the area you can most likely expect either delays or refusal by the immigration officer.
The most common reason an immigration officer refuses an application is when he/she is not satisfied that the relationship is genuine. The officer has reasons to believe that the application is only filed for the applicant to obtain permanent residency in Canada. The officer usually grows suspicious about your case when the partners have major cultural, religious or educational differences. So even if your relationship is genuine but have not provided ample documents than most likely your application will be refused.
Other reasons for refusal can include being on social assistance, filed bankruptcy or having a criminal record. To help you understand the eligibility criteria to sponsor a spouse to Canada and have a higher chance of success with your sponsorship application then this blog is made for you.
Who can become a Sponsor?
To help your spouse, common-law or conjugal partner immigrate to Canada as the sponsor you need to meet certain requirements under the family class these include:
- You are a Canadian Citizen or a Permanent Resident of Canada.
- You must meet the age requirement e.g you are 18 or older.
Who is Considered a Spouse in Canada?
Under the Family Class a spouse is someone who is married this can be either a same-sex partner or opposite-sex partner. The marriage should be legally recognized in the place they got married and recognized under the Canadian law. If your marriage took place inside of Canada you would need a marriage certificate that was issued by a Canadian province or territory in which your marriage legally took place. If you got married outside of Canada you need to provide marriage certificate where the marriage took place and meeting the laws of that country and Canada. For example, if you got married as same sex-couples in an Islamic country in which same-sex marriages are not accepted then your marriage will be consider void in Canada as well.
Responsibilities of the Sponsor when Sponsoring a Spouse to Canada
You can sponsor your spouse, common-law partner or conjugal partner under the family class sponsorship if you are able to meet the requirements. Some of these requirements include being able to provide support and care for your spouse and dependent children and do not rely on social assistance when they arrive in Canada. To ensure you meet your obligations as the sponsor you are required to sign an undertaking contract. What this means you promise government of Canada that you will provide for your family basic needs such as food, clothing, utilities, personal requirements, shelter, fuel, household supplies and health care that is not provided by the public health such as eye and dental care. You have to carefully think about when signing this undertaking because you will be financially responsible for them the minute they arrive in Canada. Should you decide to get divorced you are still financially responsible for them until your term is over.
Requirements for Applicant when Submitting Spousal Application
Aside from meeting requirements as the sponsor the applicant is also responsible for meeting medical and police background checks. If you have an inadmissibility issue on your record then depending on the severity of the offense you may or not be eligible under the family class. Any country you have lived 6 months or more you would need a police clearance check.
You may not be Eligible to Sponsor:
- If you did not meet the terms of a sponsorship agreement in the past
- If you did not pay a child support or alimony
- If you are getting a social assistance without being disabled which is a substantial reason to get support from the government
- If you get convicted of an offence like sexual nature or a violent behavior which turns into bodily harm
- If you have done a crime against your relative
- If you attempt or threat to commit any such offences, depending on the details of the case
- If you were failed to pay back the immigration loan or if you missed any such payment
- If you were in prison previously and you had declared the bankruptcy which has yet to be discharged
Can I Sponsor again if I got Divorced?
5 year sponsorship bar:
If you were being sponsored by your spouse to Canada and obtained your permanent resident status but your relationship did not work out and ended up in a divorce. You as the sponsored person cannot sponsor a new spouse during the five years of period as becoming a Canadian permanent resident. This also applies for those who already got their citizenship within those five year period which bring them under five years sponsorship bar. Sponsorship ban does not apply to sponsor, therefore you can sponsor as long as you meet the requirements and meeting your undertaking agreement of previous sponsorship.
Do I have to get married to Sponsor my partner to Canada?
No, you don’t have to be married to sponsor your partner to Canada, if you have lived together with your partner for at least 12 months you may be eligible under the Common-Law Sponsorship. You can either sponsor your same-sex or opposite sex partner as long as you meet the requirements and proving your relationship is genuine.
How can I prove my Relationship is Genuine to Sponsor my Spouse?
When submitting an application for spousal sponsorship ensure you make efforts in gathering documents that prove your relationship is genuine. This can be done by providing pictures that show the essence of your relationship. For example, a picture of you and your spouse vacationing together, pictures of family dinner parties, any other major events that have taken place such as birthdays, holidays etc. Providing these types of documents are usually received well by the government, but do make the mistake of providing pictures of single day and you are wearing the same outfit. Your photos have to represent different stages in your relationship and not just the wedding. Other documents you can include could be text messages, video chats, phone conversations, letters exchanged, wedding invitations, boarding passes, passport stamps to prove visits that have taken place between spouses, hotel reservation, copies of wills or life insurance policies anything that either shows your relationship is genuine. Remember each piece of document you provide explain what it and the importance of this document.
Being Prepared for Spousal Interview Questions
Another reason Spousal Sponsorship applications get refused is because the applicant and sponsor were not on the same page for the interview questions. You have to remember the interview is the final stage that establishes the case for the immigration officials to grant a decision on your application. So both partners have to ready to prove their relationship is genuine and provide supporting answers to support their case. If you relationship in fact was genuine then the interview should not be very difficult for you to answer. The type of questions you can expect include:
- When you met for the first
- Your spouse birthday
- What your partner does for a living and his salary
- Where you would live together in Canada
- What kind of relationship you have since the first time you met
- Whether you have exchanged gifts
- Where your marriage ceremony took place
- Your hobbies and your partners hobbies
- How often you talk on the phone
- Names of your relatives
- Have your relatives met your spouse
- Why you got married
- Future plans together
- If this application is refused what will you do?
These are some sample questions that are expected. It is always wise to prepare yourself mentally and develop a scenario in your mind. If your relationship is genuine in its entirety you will have a little less to worry about.
Contact Akrami Associates:
If you are looking into bringing your spouse to Canada or received a refusal application from Citizenship and Immigration Canada and considering different options now. Please call us at 416-477-2545 our immigration experts will assess your situation and determine the best options available for you and your family. Akrami & Associates has filed many successful sponsorship applications and we can assist you too!
With Akrami & Associates there is always a way!!
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