Spousal Sponsorship - Sponsor Requirements

As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This blog post considers the sponsor requirements that must be met in order to apply for Canadian spousal sponsorship.

Sponsor Requirements

To qualify as a sponsor, the sponsor must be able to support their partners financially, and ensure that the sponsored person does not need social assistance. The sponsor must be at least 18 years old, and must be a Canadian citizen, permanent resident, or person registered in Canada as an Indian under the Canadian Indian Act. Please note that Canadian permanent residents must be living inside of Canada in order to be a sponsor - they cannot submit their sponsorship application from outside of Canada, even if they intend to return to Canada once the sponsorship application is approved. Canadian citizens can apply to sponsor their partner while living outside of Canada, but must show that they plan to live in Canada once their partner becomes a permanent resident.

Are there any other requirements? You bet. The sponsor must be able to demonstrate that they are not receiving social assistance for reasons other than a disability, and that they are able to provide for the basic needs of themselves, the sponsored partner, and any dependent children. You are financially responsible not only for your own dependent children, but also for the dependent children of the person who you are sponsoring. 

Things that will preclude you from sponsoring your spouse

The following requirements don’t apply to most sponsors, but when they do, they will prevent you from being a sponsor:

• If you were sponsored by a spouse, common-law, or conjugal partner and became a permanent resident less than 5 years ago;

• if you have already applied to sponsor the person and a decision on that application has not been made. Essentially, this means that you have to wait until a decision is made on your file before trying again;

• If you are still financially responsible for a previously sponsored spouse or partner. You are legally committed to give financial support for the basic needs of your spouse or partner and their dependent children for three years from the day your significant other becomes a permanent resident. Until those three years are over, you can’t sponsor someone else.

• You are currently in jail, prison, or a penitentiary;

• You have committed or been convicted of certain crimes. These crimes are attempting, threatening to commit, or committing a violent criminal offense, any offense against a relative, or any sexual offense inside or outside of Canada. 

• If you did not pay back an immigration loan, performance bond, or court-ordered family support payments like child support or alimony;

• If you declared bankruptcy and are not discharged.

The last restriction on sponsor eligibility only applies to Canadian permanent residents, and not to citizens. If you have a removal order against you - for example, due to a conviction of serious criminality - you are no longer eligible to sponsor your spouse or partner for permanent residence in Canada.

Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.