Family Class – Spousal Sponsorship Applications

Family Class – Spousal Sponsorship Applications

A spousal sponsorship application can be a confusing and complicated experience. In addition to the numerous forms required from both the sponsor and the principal applicant (the sponsored person, applying to become a Permanent Resident), there are also many supporting documents and evidence that you must include in your application.

It may take some time to properly prepare the application, but it is very important to do so, as incomplete applications may be returned to you, delaying your application. It can take as little as a couple of weeks to as long as several months to prepare an application, depending on the documents needed and the time required to obtain them. Client cooperation is another major factor!

Eligibility criteria for sponsors are relatively broad. However, per Citizenship and Immigration Canada’s (CIC) website, you may not be eligible if you: failed to meet the terms of a previous sponsorship agreement; did not follow a court order as it relates to alimony or child support; receive government financial help for reasons other than being disabled; or were convicted of a violent crime. Current imprisonment and declared bankruptcies (that you have not yet been released from) are also bars to sponsorship.

Your starting point will be the guides CIC provides for sponsorship applications, including country-specific guides for the principal applicant. The Document Checklist (IMM 5491) is also a good place to begin. This article is meant only as an overview of a typical Family Class (spouse) sponsorship application. It is not meant to replace the guides as a source of information and instructions on how to complete the application. You must follow the instructions as listed in the application forms and guides.

The Document Checklist is extensive, and the fine print means a great deal of patience is required to read it. A simplified breakdown of the main forms and documents required for sponsors and principal applicants is as follows:      

                        I.            SPONSOR

Forms (all original and signed, except Receipt)

(1)    Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)

(2)    Sponsorship Evaluation (IMM 5481) or Financial Evaluation (IMM 1283)

(3)    Use of a Representative (IMM 5476), if applicable

(4)    Statutory Declaration of Common Law Union (IMM 5409), if applicable (co-signor is CL)

(5)    Sponsor Questionnaire (IMM 5540)

(6)    Copy 2 of Receipt (IMM 5401) (stamped if paid at FI)

Supporting Documents (photocopies)

(1)   PR Card (if not issued, Record of Landing (IMM 1000)) or Confirmation of PR (IMM 5292/ 5688), or; Canadian Citizenship Card, or; Canadian birth certificate, or; Canadian passport, or; Citizenship Certificate without photo, issued before Feb. 15, 1977.

(2)   Marriage certificate only if you have a co-signer and he/she is your spouse.

(3)   If your spouse or common-law partner is a co-signer, see (1)

(4)   If you had previous marriages or CL relationships: proof that you are separated (income tax forms, legal docs), if you are separated; Divorce cert., if you are divorced; Annulment cert., if marriage was annulled; Death cert., if former spouse/CL partner is deceased; Declaration of severance of CL relationship.

Supporting Docs, Sponsor and Co-Signer (if applicable)

(1)    Original “Option C Printout” of last Notice of Assessment for most recent taxation year (contact CRA for this printout free of charge@1-800-959-8281)

(2)    Original letter from your current employer stating your period of employment, salary, and regular hours per week, AND/OR:

a.       For the 12 months preceding the date of your sponsorship, if you are the sole owner(s) of, or partners in an unincorporated business, provide evidence of self-employment income (statement of business activities)

b.      If you received interest on income earned, provide evidence (bank statement showing rate of interest, deposit amount and length of time deposit held)

(3)    If you must meet Minimum Necessary Income (MNI) requirement and you are not producing an Option C printout, or if the total income reported on the printout is less than the MNI, provide a photocopy of the following documents:

a.       Evidence of employment income (pay stubs) over the 12 months preceding the date of your sponsorship application, if employed

b.      Evidence of self-employment income (statement of business activities) over the 12 months preceding the date of your sponsorship application, if you and your co-signer are the sole owners of or partners in an unincorporated business

c.       Evidence of interest income (bank statement showing rate of interest, deposit amount and length of time deposit held), over the 12 months preceding the date of your sponsorship application, if you and your co-signer received interest

d.      Evidence of: interest income (e.g. dividends), rental income (e.g. statement of real estate rentals), pension income, special benefits income (cert. delivered by HRDC confirming payment of maternity, parental, or sickness benefits), other income received over the 12 months preceding the date of your sponsorship application, if you and your co-signer received such income.

(4)    Canadian citizens living exclusively outside Canada must include proof of an intention to live in Canada with your spouse, CL partner or conjugal partner and/or children once they become PRs of Canada

(5)   Medical Condition Statement, if a dependent child included in the application is your adopted son or daughter.

                   II.            APPLICANT

Forms (all original and signed, except Receipt)

(1)    Generic Application Form for Canada (IMM 0008)

(2)    Additional Dependents / Declaration (IMM 0008DEP), if applicable

(3)    Schedule A – Background / Declaration (IMM 5669), for sponsored person and each family member 18 years of age or over

(4)    Spouse / Partner Questionnaire (IMM 5490)

(5)    Additional Family Information (IMM 5406), for sponsored person and each family member 18 years of age or over

(6)    Use of a Representative (IMM 5476), if applicable

Supporting Documents (photocopies)

(1)    Identity and civil status documents (see country-specific guide)

(2)    Children information (see country-specific guide)

(3)    Travel documents and passports (see country-specific guide)

(4)    Police Certificates and clearances (see country-specific guide)

(5)    Proof of medical exam for sponsored person and each of his/her dependents (Copy 1 of Client Biodata and Summary (IMM 1017), signed and provided by panel physician)

Forms and Documents as required by Country-Specific Guide/Instructions

(1)    Supplementary Information Form (Details of Foreign Travel) (Appendix A of Guide)

(2)    Proof of Relationship to Sponsor

                    III.            SUPPORTING DOCUMENTS & EVIDENCE

(1)    Proof of Relationship to sponsor

a.    Proof of sponsor’s visit, including airline tickets, boarding passes, copies of pages of passport showing entry/exit stamps

b.   Wedding photos showing all rituals of a traditional wedding

c.    Wedding reception and post-wedding photographs

d.   Evidence of continued contact w/ Sponsor such as phone bills, letters, emails

e.   Marriage certificate issued by Registrar of Marriages

f.     If you are CL or conjugal partner, provide evidence: that your relationship is genuine and continuing; has existed for at least 12 months prior to your application; details of the history of your relationship, and; at least two statutory declarations from individuals with personal knowledge of your relationship supporting your claims.

(2)    Six (6) recent photos of yourself according to Appendix B: Photograph Specifications

Although the entire process may still seem a bit perplexing to you, I hope this article helped explain or clarify a few points. If you have any questions or comments, please feel free to post.