Spouses and common-law partners who are in Canada may be allowed to work under the Spousal Work Permit Pilot Program, while their immigration applications are being finalized. Eligible candidates must apply under the Spouse or Common-Law Partner in Canada class and make sure they maintain a valid temporary status as a visitor, student or worker.
All sponsors are required to sign an undertaking to provide the sponsored person with the basic requirements from the day they enter Canada until the term of the undertaking terminates. The undertaking is a contract between the sponsor(s) and CIC that the sponsor will repay the government for any social assistance payments made to the sponsored person. Sponsors remain obligated to the undertaking agreement for the entire period of the contract, even in a change of circumstances such as marital breakdown, separation, divorce, or a financial change in circumstances.
In the case of a spouse, common-law partner or conjugal partner, a sponsor is required to sign an undertaking to reimburse the federal or provincial governments from the date in which they become a permanent resident for the period of three (3) years.
In the case of a dependent child under the age of 22 years, of the sponsor or the spouse, common-law partner, or conjugal partner, the obligation commences on the day that the child becomes a permanent resident of Canada for the period of 10 years or until the child reaches the age of 22 years, whichever is earlier. In the province of Quebec, the length of this undertaking is different.
In the case of a dependent child over the age of 22 years, of the sponsor or the spouse, common-law partner, or conjugal partner, the obligation commences on the day that the dependent child becomes a permanent resident, for a period of three (3) years.
In the case of parents and grandparents, the sponsorship obligation extends for a period of 20 years from the date in which the member of the family class becomes a permanent resident. For all other family members, the obligation is of a duration of 10 years.
The Supreme Court of Canada, in its 2011 judgment of Attorney-General of Canada vs. Mavi, the court decided that while a sponsor’s obligation to reimburse the state for benefits collected by his or her relatives can be deferred in some circumstances, it cannot be wiped off the books entirely.
Canadian citizens living outside of Canada may sponsor their spouse, common-law partner, conjugal partner or dependent children without dependent children of their own, who have not been convicted of an offense causing bodily harm, provided that they are able to demonstrate that they will reside in Canada after the sponsored persons become permanent residents.
Permanent residents residing abroad may not sponsor their family members from outside Canada. They must reside in Canada during the sponsorship process.
Furthermore, a spouse or common-law partner in Canada may file an in-Canada application to sponsor their spouse or common-law partner if they are cohabiting in Canada; otherwise, the application must be filed through a visa office. These are areas that give rise to various complexities and challenges for sponsors.
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