Avoiding Common Spousal Sponsorship Mistakes is critical when you want to bring a loved one to Canada and BC in particular. Spousal sponsorship applications have always been one of the most popular permanent residence application categories in Canadian immigration. The rule of thumb is that Canadian citizens or permanent residents can sponsor their spouse or common-law partner and/or dependent children to become permanent residents. Because this category is seemingly straight-forward, self-explanatory and ultra-popular, it is subject to abuse by a percentage of applicants for a variety of reasons, which is why Immigration Canada has been treating its intake and assessment of spousal sponsorship applications very seriously to ensure only those who qualify will receive permanent residence status. Today, we provide two key ways of Avoiding Common Spousal Sponsorship Mistakes.
Avoiding Common Spousal Sponsorship Mistakes Tip # 1
Applicants tend to underestimate the complexity of spousal sponsorship applications, which often lead to refusal. Immigration Canada has a lot of online resources but every applicant’s case is different and should be assessed delicately. Helen Han of MacLean Law will discuss below the common mistakes that could lead to a refused spousal sponsorship application. The federal website contains a general explanation of this immigration class but you need a qualified immigration lawyer to help increase the chances of success.
1. Not including the correct application forms and fees for your Spousal Sponsorship application
The IRCC is very strict with how they receive application forms, processing fees, and supporting documents. The first thing intake officers at Case Processing Centres do when receiving a spousal sponsorship application is to ensure that the application is complete. The intake officers will determine that the application is incomplete and return the application to applicants/sponsors if:
- An application form that is listed in the IRCC Document Checklist is missing from the application.
- An application form is missing a signature in a required signature field.
- An application form contains a photocopied signature, rather than an original signature in ink.
- An application form contains blank/unanswered fields, with no reasonable explanation.
- An outdated application form is included in the application, for example, the 2018-06 version of a form is submitted while the 2020-01 version of the form is available on the IRCC website.
- An application form is illegible or missing a page(s), for example, Page 7 of 10 is missing.
- A supporting document that is listed in the IRCC Document Checklist is missing from the application.
- A supporting document is illegible, inadequate, or missing the required information, for example, a birth certificate that does not list the applicant’s parents.
- A fee receipt is not included, or included but does not represent enough processing fees.
If an application meets any of the above scenarios it will be returned by the Case Processing Centre in Mississauga as an incomplete application after 2 to 3 months of receiving the application. This means while other applicants have had their applications moved ahead down the queue and received their file numbers during the 2 to 3 months, you will have to start from scratch and review the application again, with the added stress to avoid being rejected the second or even the third time.
Our experienced immigration lawyers team has reviewed and submitted hundreds of spousal sponsorship applications and can spot missing elements in your application so you do not have to worry about getting rejected.
Avoiding Common Spousal Sponsorship Mistakes Tip # 2
2. Not properly explaining your relationship development (i.e. “Love Story”) in your Spousal Sponsorship application
We cannot stress this enough – to increase the chances of approval for spousal sponsorship applications, you need to write a compelling love story! Submitting a well-written love story to the immigration officer is like providing a great cover letter to an HR recruiter when applying for your dream job – it immediately displays the genuineness of the relationship, your desire of re-uniting with your spouse, and your serious attitude towards the relationship, not just the “PR Maple Card”. Simply having a valid marriage or common-law relationship is only a prerequisite but not in itself sufficient to obtain spousal sponsorship approval. Immigration officers also need to be convinced that the couple did not get married or “common-law-ed” just so one person can become a permanent resident – under Subsection 4(1) of the Immigration and Refugee Protection Regulations. An example of this is many applicants like to show their appreciation of how great Canada is, which may lead them down the wrong path where an officer might regard them as “free-riders” who may have gotten married just to immigrate.
Therefore, we urge you to find an experienced lawyer or consultant to help you prepare your spousal sponsorship application properly to avoid any simple mistakes, so your spousal sponsorship application can be processed smoothly.
BC Immigration Lawyers Can Help You Succeed
In the next blog, we will continue to share some useful tips for preparing Canadian spousal sponsorship applications. Stay tuned!
If you are interested in moving to Canada, or if you want to sponsor your spouse and family, talk to MacLean Law at 1877-602-9900 and our Vancouver Canadian Immigration team will resolve matters for you professionally. We hope this blog on Avoiding Common Spousal Sponsorship Mistakes has been helpful and look forward to meeting with you.
