Immigration Corner | Can my boyfriend be a sponsor?

Dear Miss Powell,

I have been dating a Canadian man for a few years now. He visits and spends about a month with me in the Christmas season and sometimes for about a week during the year. He is now sick and can’t travel and wants me to visit him, but my visa was rejected. Can my boyfriend be a sponsor? What are some of the things we should know before we start the process? How long will it take?

AR

Dear AR,

A Canadian citizen or permanent resident may be able to sponsor a spouse, common-law or conjugal partner to live permanently in Canada, if both parties are able to satisfy the requirements. I recommend that you consult directly with an immigration lawyer and provide answers to the questions below.

SPONSOR EVALUATION

The first step would be an evaluation of the sponsor to see if he is eligible. Anyone seeking to sponsor a partner under the Family Class, must first be over 18 years old and a citizen, permanent resident or a person registered in Canada as an Indian under the Canadian Indian Act. The following are questions that your sponsor would need to answer: What is the marital status of your sponsor? Was he previously married or in a common-law relationship? Was he sponsored to become a permanent resident within the last five years? Does your sponsor live in Quebec? Is his tax returns up to date? Is he receiving social assistance from the government for any other reason that disability? Does he have a criminal record? Has he ever been convicted of attempting, threatening to commit, or committing a violent criminal offence? Has he ever committed any offence against a relative? Has he ever been convicted of any sexual offence inside or outside Canada? Has he failed to pay any support payments? Is there a court-ordered child or spousal support payment outstanding?

YOUR EVALUATION

As the person to be sponsored, you will need to pass medical and security tests. Why was your visitor’s visa rejected? That information should be in the refusal letter. The good thing is that you should have provided your biometric information when you applied for your visitor’s visa and this is valid for 10 years.

Are you healthy? Do you have any major medical issues? Have you ever been detained, charged, or convicted of any offence? Have you lived in any country apart from your birth country for more than six months? A police report from that country will be required. What is your current occupation? Do you have post-secondary certificates or degrees? Do you have an educational credential assessment of your education? What is your work experience, and what work do you plan to do when you get here?

Your relationship will be investigated to ensure that you have a genuine relationship. Have you ever met/communicated with any of his family members? Has he met any of your family members? Do you have pictures together? Can any of your friends write a letter attesting to your relationship? Do you have social media accounts? Do you have photos together or post about your relationship on these accounts?

The above are just some of the questions that you must be able to answer when you contact an immigration lawyer. I recommend that you have a joint consultation via Teams, Skype or other online platform to get additional information. You lawyer will provide you with a list of documents that are required for a spousal sponsorship application.

The average processing time for spousal sponsorship is 16 months. This time includes assessment of your sponsor and the time it takes to complete your background checks.

Deidre S. Powell is lawyer, mediator and notary public in Canada. You may request an online or telephone meeting via her website at www.deidrepowell.com, or call: WhatsApp 613.695.8777.