Spouse Sponsorship in Wilmington, DE
At Pilkington Immigration – Wilmington, we help individuals seeking spouse sponsorship in Wilmington, DE. The process of sponsoring a spouse can be complex and time-consuming, and our immigration law firm aims to provide assistance and guidance throughout the process. The first step in sponsoring a spouse is to determine which type of sponsorship is appropriate for your case.
The Two Types of Applications for Spouse and Common-Law Sponsorship
Outside Canada Spousal Sponsorship: When applying outside of Canada, your application is processed through the visa office in the sponsored spouse's country of citizenship or where they legally reside. If you and your spouse or common-law partner live together in Canada, you can still apply under this category. If you apply under this category, you will be eligible to appeal a refusal to the Immigration Appeal Division.
Inside Canada Spousal Sponsorship: When applying inside Canada, your application is processed in Canada, and you and your sponsor must live together. The sponsee must have temporary status in Canada as a worker, student, or visitor. The sponsee may also be eligible for an Open Work Permit.
You can sponsor the following persons and dependent children (21 or younger) for Canadian Permanent Residence
- Spouse: A legally recognized husband, wife, or partner.
- Common-law partner: A person you are living with (but not married to) for at least 12 consecutive months.
- Conjugal partner: A partner that does not qualify under the spouse or common-law category, but is in a committed relationship with you equal to that of marriage for at least one year. There must be extenuating circumstances why you cannot live together.
Canada recognizes same-sex marriages and partners and is eligible to apply under these three categories.
To be eligible to be a sponsor:
- You must be a Canadian citizen, or a permanent resident living in Canada.
- You must be 18 years of age or older.
- You cannot be in prison, bankrupt, under a removal order, or charged with a serious offence.
- You cannot have been sponsored to Canada as a spouse within the last five years.
- You cannot have previously committed a violent crime against a family member.
To be eligible to be sponsored:
- You must be at least 18 years of age.
- You must not be too closely related by blood to the sponsor.
- You must not be criminally inadmissible.
Requirements that must be met in order to qualify for sponsorship under the three categories include:
- Your relationship is genuine and was not entered into primarily for the purpose of acquiring permanent residence. This can be proven inside Canada through cohabitation records (utilities, insurance, lease, title, bank accounts) as well as communication (chat and phone records) from outside Canada.
- If your spouse or common-law partner is applying in the Spouse or Common-law Partner "In Canada class", he or she must cohabit with you in Canada.
Humanitarian and compassionate considerations
25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 (terrorism, organized crime or human rights violations) — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Pilkington Law – Wilmington is a valuable resource for individuals seeking to sponsor their spouse. By providing assistance with the application process, helping to gather and prepare necessary documents, and offering support throughout the process, our immigration lawyers in Wilmington, DE, can help to ensure your sponsorship process goes as smoothly as possible. Contact us today to schedule your free consultation.