Spousal Sponsorships During COVID-19: Can I Still Bring My Partner to Canada?
Disclaimer: this blog is intended as information, not advice. Please do get in touch if you have questions about your particular application and status in Canada!
Canada’s immigration laws allow any eligible citizen or permanent resident to sponsor their foreign national spouse or common-law partner for permanent residence.
Common-law partnership for the purposes of the Immigration and Refugee Protection Act would cover any couple who has cohabited in a “conjugal relationship” for 12 consecutive months.
It even allows for “conjugal partner” sponsorship for individuals living in situations where marrying or cohabitating is impossible or dangerous.
The COVID-19 Pandemic has created a lot of uncertainty around the border and many are wondering whether it is still possible to sponsor a foreign national spouse.
The short answer is yes, but there are a few things to consider.
Who is allowed in?
Canada’s border is currently closed to all non-Citizens and permanent residents.
However, there are several exceptions to this closure including one for the immediate family members of Canadian citizens and permanent residents. A spouse or a common-law partner would fall under the definition of “immediate family member.”
Couples seeking to enter where one partner is not a citizen or permanent resident should bring proof of their relationship with them to the border. This could be their marriage certificate, or for common-law partners, any and all proof of cohabitation such as lease agreements, mortgage documents or utility bills bearing both partner’s names.
A fiancé, however, would not fall under the criteria of “immediate family member,” unless they also met the criteria for common-law partnership.
For couples who have not cohabited or who are not legally married, this border closure complicates the sponsorship process. Outside of the pandemic, it might have been possible for the foreign national spouse to enter Canada as a visitor and then submit their sponsorship paperwork from inside the country after either marrying or establishing 12 months of cohabitation.
Now, the foreign national spouse would need to meet some other exceptional criteria in order to be allowed in, for example if they were a work permit holder working in an “essential service.”
Incomplete Applications due to COVID-19
IRCC issued an updated program directive allowing for the acceptance of incomplete permanent residence applications during the COVID-19 crisis. This exceptional directive only applies where documents are unavailable due to the pandemic. In lieu of the requested document, applicants should include a letter explaining why they are unable to provide the document and undertaking to provide it as soon as possible. Without this letter of explanation, applications will still be returned as “incomplete.”
Incomplete applications are given a 90-day grace-period. At the 90-day mark, IRCC will then request the document from the applicant and provide a further 90 days to provide the missing documents.
What on earth is happening to processing times?
Before the pandemic, the IRCC website posted a processing time of 12 months for spousal sponsorships inside or outside Canada. Anecdotally, applications processed outside Canada tended to come through slightly faster than those processed inside Canada. That being said, even before the pandemic it was not unheard of for some applications could take in excess of 18 months to process.
The effect of the pandemic on processing times has yet to be revealed. It is safe to say that applications submitted with missing documents will be delayed in their finalization until the documents can be provided. But the larger impact will only become clear over time.
Please get in touch if you are considering sponsoring a foreign national spouse!
Hope you’re all staying safe and sane.
Grace
