Canadian Immigration

Frequently Asked Questions

• Can British Columbia residents sponsor spouses to join them?

  British Columbia residents who are Canadian citizens or permanent residents can sponsor non-Canadian spouses, conjugal partners or common-law partners to join them. Canadian immigration laws even provides for them to become permanent residents under the spousal sponsorship program. 

  Eligibility to sponsor a spouse or partner

  Potential sponsors of foreign partners must meet the following requirements: 

  • They must be 18 years or older. 
  • They must be Canadian citizens, permanent residents or registered Canadian Indians living in Canada. 
  • A sponsor can be a citizen of Canada living elsewhere but planning to return to Canada. 
  • Sponsors may not be recipients of social assistance, except for a disability. 
  • They must be able to provide financially for themselves and the basic needs of sponsored individuals. 
  • If there are dependent children, the sponsor must also have the means to provide for them. 
  • The sponsored person must not require governmental social assistance. 

  What constitutes basic needs?

  • Personal hygiene products and food 
  • Housing costs and utility bills for the sponsored person 
  • Requirements for day-to-day living, including clothes 
  • Eye and dental care and other medical expenses excluded from public health insurance 

  The sponsor’s obligations begin when the sponsorship becomes effective and may not be cancelled or withdrawn. Obligations will continue for three years following the approval of permanent residency of the sponsored individuals. 

  Financial requirements for the sponsor

  Although a specific amount of money is not required, the sponsor must meet the following financial requirements: 

  • The sponsor must prove he or she has the means to support the partner from the day of arrival. 
  • The sponsor may not be in the midst of bankruptcy proceedings. 
  • Provincial income support benefits may not form part of the declared financial assets. 

  However, sponsors may be recipients of disability benefits or employment insurance benefits. 

  Anyone in British Columbia who wants to sponsor a spouse or partner to join them can take advantage of the opportunity to become familiar with the spousal sponsorship program under Canadian immigration laws. 

   

• What makes a temporary resident eligible for permanent residence?

  Citizenship and Immigration Canada issues Temporary Residence Permits, or TRPs, to persons who would typically not be admissible to visit Canada. Still, authorities decide the visit will benefit rather than harm the country. Certain circumstances make TRP holders eligible for permanent residence. 

  What makes TRP holders eligible to apply?

  Applicants for permanent residence must meet the following requirements: 

  • A current holder of a valid TRP 
  • No other reason than the original grounds of inadmissibility exists 
  • Continued residence in Canada uninterrupted for the three to five years, as originally approved 

  What is deemed a break in residence continuity?

  Continuous residence for the allowed period of the original TRP is non-negotiable. Breaking continuity can involve:

  • A TRP holder leaving Canada without re-entry authorization. 
  • A TRP holder failing to apply for a new permit before the existing TRP expires. 

  Authorities might decide to issue a new, subsequent permit despite the transgression. However, the failure to maintain continuity will be noted on the TRP holder’s electronic record and could adversely affect an application for permanent residence. Importantly, even if re-entry is authorized, authorities might deem prolonged absences from Canada as a break in residence continuity. 

  Immigration officers have the right to some level of discretion and flexibility when they interpret continuity breaks. When TRP holders take brief breaks to leave Canada under circumstances they could not control, officers might choose not to record these as continuity breaks. On the other hand, authorities might seek documentation to justify reasons for a TRP holder’s absence from Canada. 

  The rules and regulations of Canadian immigration and residence permits are complicated, and TRP holders in British Columbia would be advised to become familiar with the act before unintended transgressions occur.