Yes, foreign nationals may join their Canadian spouse or partner while their application is being processed. However, there is no visa or special status for spouses whose applications are undergoing processing.

In addition, having a pending application for permanent residence (PR) may complicate the process of obtaining a temporary or visitor visa because the officer may believe that your intention is to remain in Canada permanently before completing your immigration process. For this reason, it may be preferable to apply for a temporary visa first and then submit an Inland spousal sponsorship application once you are in Canada. By following this route, you will also be able to move from your temporary status in Canada to an open work permit that will allow you to work for any employer while your application is being processed.

Canada has a program that allows spouses and common-law partners of Canadians or permanent residents to obtain an Open Work Permit while their Inland sponsorship application for permanent residence (PR) is being processed. In order to be issued an open work permit, you must:

• Have submitted an application under the Spousal/Common-Law Partner Sponsorship Immigration Program;
• Reside at the same address as the sponsor (spouse/common-law partner);
• ave a valid temporary resident status (as a visitor, student, or worker); and
• Meet all eligibility requirements under spousal or common-law partner sponsorship, your spouse must meet all the eligibility requirements.

Yes, as long as they retain their legal status. Temporary resident status is valid for a specific period of time and you must ensure that your temporary resident status remains valid while you are in Canada. If you wish to stay in Canada longer, you must apply for a Visitor Record, which is a document that gives you visitor status and allows you to stay longer. You must apply for a Visitor Record before the expiration of your current status.

It is possible to leave Canada while your application is being processed by IRCC. However, if you wish to return to Canada, you will need to comply with eligibility rules and provide:

• A valid passport and travel documents;
• Valid work or study permit, if applicable;
• A valid visa or electronic travel authorization (eTA), if applicable.

Outland : You can submit an Outland application even if your partner is in Canada. This option may be the best choice if your partner is able to travel to Canada but is unable to stay in the country during the processing of the application for work-related or personal reasons.

Inland: One of the advantages of filing an inland application is that your spouse can apply for an open work permit while the applications are still being processed. It takes about 4 months to obtain an open work permit. This permit allows him or her to work and be employed in almost any field in Canada during this waiting period.

The province of Quebec has its own criteria for spousal sponsorships and a separate undertaking application. If you are applying from Quebec, you will need to submit an application package to both Immigration, Refugees and Citizenship Canada (IRCC) and the Ministère de l’immigration, de la francisation et de l’intégration (MIFI).

MIFI will take into account the following:

• • the financial criteria for sponsoring immigrants intending to live in Quebec;
  • if sponsors are on social assistance;
  • if the sponsors are in default of a previous Quebec undertaking or support payments;
  • the duration of the commitment;
  • an undischarged bankruptcy.

MIFI will then refuse or approve your undertaking application.

If your sponsorship application is approved in Quebec, the person you are sponsoring will receive a Certificat de sélection du Québec (CSQ) and a decision will then be rendered by IRCC regarding the application for PR.

If you are a temporary resident, that is, if you are visiting, studying or working in Canada on a visa or permit, you cannot sponsor your spouse or partner to come to Canada. Only permanent residents and Canadian citizens are eligible to apply under Canada’s sponsorship programs.

Here are some possible interview topics and questions you may be asked during the interview.

• Describe your relationship and how you met. (i.e., where you met, how long you have been together, etc.).
• Describe your husband or wife’s occupation, education, professional qualifications and work experience.
• Describe your proposal, your engagement ring, where it was purchased.
• Describe your partner’s financial situation (income, savings).
• What are your personal interests, your future plans, your daily activities?
• What are your partner’s favorite foods?
• Does your partner have any medical problems?
• How will you share household chores?

Your spouse or partner has to be at least 18 years old in order to be eligible under spousal sponsorship.

Yes. You may add a request to add a dependent child to your application. However, this will result in your application taking longer.

There is a five-year sponsorship restriction for anyone who has been sponsored as a spouse/common-law partner himself or herself. This means that you cannot sponsor a new spouse or common-law partner within the first five years after you become a permanent resident, even if you have left your sponsor and you have now remarried.

In order for you to sponsor another spouse, after a separation or divorce for instance, you must wait until the end of your three-year commitment period. Once this period has elapsed, you will be able to sponsor a new spouse.

No. To obtain permanent residence (PR) or Canadian Citizenship you have to go through a formal immigration process and follow the same steps and meet the same eligibility requirement as everyone else.

If you are now a Canadian permanent resident through your spouse’s or common-law partner’s sponsorship and you are no longer with your sponsor, you will not necessarily have to leave Canada. Once you are granted permanent resident status, you cannot be deported or have your permanent resident status revoked on the grounds that your relationship did not last. However, your status may be subject to an investigation.

On the other hand, if you and your spouse separate or divorce before the three-year undertaking period is over, your spouse will still be required to honour the undertaking they have signed when they sponsored you. This includes having to reimburse the Canadian government for any social assistance benefits you may receive during the undertaking period.

Here are some of the documents that can be presented as proof of a common-law relationship:

• shared ownership of residential property;
• joint leases or rental agreements;
• bills for shared utility accounts (e.g., gas, electricity, telephone);
• insurance policies with both names;
• photos;
• letters, emails etc.

Canada considers family reunification as a top priority, particularly applications under the spousal sponsorship program. The government of Canada continues to take steps to help reduce backlogs and processing times for spousal applications.

An immigration applicant who has been convicted in his or her home country of a crime that is also punishable in Canada will not be allowed to obtain legal immigration status. Inadmissibility to Canada can be the result of what can seem like minor offences, such as shoplifting or impaired driving. In Canada, however, it is possible for a convicted person to have the conviction overturned or be considered rehabilitated if the offence was committed a long time ago.

To change your application, whether it is from Inland to Outland or vice versa, you will need to withdraw the one you submitted and re-apply under a new one.

No. IRCC does not recognize marriages performed abroad by proxy, by telephone, on the Internet or other forms of marriage where both persons were not physically present at the ceremony.

Spousal sponsorship applications can be appealed to the Immigration Appeal Division (IAD).

You have 30 days after receiving the refusal letter to appeal to the IAD.

You should be prepared to attend a hearing, during which you will be able to present new evidence to support you case, call witnesses to support your stance and have legal representation. The IAD will decide about whether or not the denial was made legally and if it should be overturned.

If the denial is overturned, your case will be sent back to be re-examined with the new decision referenced. If the refusal is maintained, you can appeal the IAD decision in federal court, which can take anywhere from six months to a year.

You may be able to withdraw your sponsorship application as long as the person you are sponsoring has not yet become a permanent resident of Canada. You may also be able to get a refund of your application fee if IRCC has not started processing your application.