Spousal Sponsorship FAQs: What You Need to Know Before Applying
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Spousal Sponsorship FAQs: What You Need to Know Before Applying
If you're considering sponsoring your spouse or common-law partner for permanent residence in Canada, you're not alone. These are some of the most common — and important — questions people ask before starting the process.
In some cases, yes. If you’re applying inland, your spouse may be eligible for an open work permit. If you’re applying outland, they can apply for a visitor visa — but approval isn’t guaranteed. Each situation is assessed on its own merits.
Refusals are stressful, but not always final. You may be able to:
Reapply with stronger documentation
Submit a request for reconsideration
Seek judicial review through the Federal Court
The best option depends on the specific reasons for refusal.
No. If you’re applying through the outland process, you don’t have to live together in Canada. But you do need to show that your relationship is ongoing and genuine.
There’s no specific income threshold. However, you must not be receiving social assistance (except for disability) and must show that you can meet basic needs without government help.
Yes — but only if it has been at least five years since you became a permanent resident through spousal sponsorship.
You can apply — but expect higher scrutiny. You’ll need strong evidence that the relationship is real and not entered into for immigration purposes.
Possibly. Sponsors may be ineligible if they’ve been convicted of violent or sexual offences, especially against family members. Each case is reviewed carefully.
Only Canadian citizens can sponsor from outside Canada — and even then, you must show you plan to return to Canada once your spouse is approved. Permanent residents must reside in Canada to sponsor.
If they’re living with you in Canada, they may still be eligible to apply through the inland process — even without valid immigration status. IRCC may overlook the lack of status in genuine, ongoing relationships.
Not necessarily — but it can help. A lawyer can guide you through the process, help avoid mistakes, and respond if IRCC raises concerns or refuses the application. For complex situations, professional help is often worth it.
If you have other questions or want to know where your situation fits, feel free to book a consultation. We're here to help you present the strongest possible case.
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Humanitarian & Compassionate (H&C) Applications in Canada
Humanitarian & Compassionate (H&C) Applications in Canada: Common Questions Answered
Humanitarian and compassionate (H&C) applications are a special immigration option for people in Canada who don’t qualify under any regular immigration category — but have compelling reasons to stay. Here are answers to some of the most common questions.
An H&C application is a request for an exemption from immigration rules — usually to allow someone to apply for permanent residence from inside Canada, even if they don’t have legal status. IRCC considers things like hardship, establishment, and the best interests of children.
Anyone in Canada who has compelling reasons to stay — including people without status — can apply. It’s most commonly used by individuals who have lived in Canada for a long time, have Canadian-born children, or face serious hardship if removed.
Yes. Many people who apply under H&C grounds have no valid immigration status. That alone will not disqualify you. In fact, the H&C process exists partly to help people in this situation.
IRCC considers personal hardship, including:
Lack of access to medical treatment
Threats or family violence in your home country
Extreme poverty or lack of support
Long-term trauma, health conditions, or discrimination
Hardship must be specific to you — not just general conditions in your country.
There is no fixed rule. However, longer residence (especially with strong work history, community ties, and good character) can strengthen your application.
If you have Canadian-born children or dependent children with status in Canada, their best interests will be a key factor. This includes education, medical needs, and emotional wellbeing. H&C decisions must give these factors serious weight.
If you don’t have status, you are not automatically eligible to work. However, you can apply for a work permit once you receive first-stage approval on your H&C application. This usually takes several months.
Processing times vary but can range from 12 to 24 months. Some cases take longer, especially if documents are missing or additional information is requested.
Every case is unique. A strong application with solid documentation and a clear explanation of hardship and establishment has a better chance. Many refusals happen when applications are rushed, vague, or unsupported.
It’s not required, but legal help can be valuable. A lawyer can help you prepare a clear, organized case, avoid common mistakes, and respond to requests or refusal letters if needed. In complex cases or where removal is possible, it’s strongly recommended.
If you're unsure whether you qualify for an H&C application, or if you've been told it's your last option, we can help assess your case. Book a consultation to explore your next step.
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Work Permits in Canada: Common Questions
What types of work permits are available in Canada?
Canada offers closed (employer-specific) work permits and open work permits. The type you are eligible for depends on your situation, the job offer, and whether a Labour Market Impact Assessment (LMIA) is required.
Do I need a job offer to apply for a work permit?
In most cases, yes — particularly for closed work permits. However, certain open work permits (e.g., spousal open work permits or postgraduate permits) do not require a job offer.
What is a Labour Market Impact Assessment (LMIA)?
An LMIA is a document issued by Employment and Social Development Canada (ESDC) that shows a foreign worker is needed to fill a job and that no Canadian worker is available to do it.
Are there any exemptions from needing an LMIA?
Yes. Certain international agreements, humanitarian programs, and public policies allow for LMIA-exempt work permits. The most common exemption codes fall under IRCC’s International Mobility Program.
Can I apply for a work permit from inside Canada?
Yes, in some cases. For example, if you are a student or a visitor’s spouse with status, or if you’re applying for a bridging open work permit, you may apply from within Canada.
How long does it take to get a Canadian work permit?
Processing times vary based on country of residence, type of permit, and whether biometrics or medical exams are required. In some cases, visa-exempt foreign nationals with a job offer and required documents may be eligible to apply for a work permit directly at a Canadian port of entry. Otherwise, the process may take anywhere from a few weeks to several months.
Can I change employers while holding a closed work permit?
No. Closed work permits are employer-specific. To change employers, you would typically need to apply for a new work permit.
What is a bridging open work permit (BOWP)?
A BOWP allows certain individuals who have applied for permanent residence from inside Canada to continue working while waiting for a decision on their PR application.
Can my spouse work if I have a work permit?
Your spouse may be eligible for an open work permit if you hold a skilled job (usually NOC TEER 0, 1, 2, or 3) and meet certain criteria. The application is separate and must be submitted with supporting documents.
What happens if my work permit expires while I’m in Canada?
You may apply to restore your status within 90 days of expiry. During that time, you cannot work unless a new permit is issued. Restoration is not guaranteed and must meet IRCC requirements.
If you need assistance in applying for your work permit, book a consultation to explore your next step.
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Study in Canada: International Student FAQs
What are the basic requirements for a study permit?
You need a letter of acceptance from a designated learning institution (DLI), proof of funds, and a clean record. While most applicants require a letter of acceptance, there are exceptions — for example, minor children accompanying a parent who holds a valid work or study permit may not need one. You may also need to undergo a medical exam or provide biometrics.
Do I need a letter of acceptance before applying?
Yes. A letter of acceptance from a Canadian DLI is a mandatory document for your study permit application.
Can I work while studying in Canada?
Yes, you can work up to 20 hours per week during regular academic sessions and full-time during scheduled breaks — provided your study permit includes a work condition.
What is a post-graduation work permit (PGWP)?
A PGWP allows you to work in Canada after completing an eligible program of study. It is typically valid for the same duration as your program, up to a maximum of 3 years.
Can I extend my study permit from within Canada?
Yes. You must apply for an extension before your current permit expires, and you must remain eligible for a study permit at the time of your request. IRCC generally requires proof of continued studies and sufficient funds.
Can I bring my spouse and children with me?
Yes. Your spouse may be eligible for an open work permit, but this depends on the type of study program you are enrolled in. For example, only certain post-secondary programs qualify. Your dependent children can attend primary or secondary school without needing a separate study permit.
What happens if my study permit application is refused?
You can reapply, address the reasons for refusal, or seek legal advice to challenge the decision. It’s important to review the refusal letter closely.
Do I need to show proof of funds?
Yes. You must show you have enough money to pay tuition and support yourself and any accompanying family members. The required amount depends on your location and family size.
Can I change schools after arriving in Canada?
Yes, but you must inform IRCC through your online account and ensure the new school is also a designated learning institution. In some cases, changing schools or programs may require you to apply for a new study permit depending on the circumstances.
Will studying in Canada help me get permanent residence?
Yes. Many students gain Canadian work experience after graduation and apply through PR pathways such as the Canadian Experience Class or a Provincial Nominee Program.
If you need assistance in applying for your study permit, book a consultation to explore your next step.
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📞 Call: (365) 873-0644
📧 Email: info@binghamimmigrationlaw.ca
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Permanent Residence (PR) Applications: General Questions
What are the main PR pathways in Canada?
Common PR pathways include family sponsorship, economic immigration (such as Express Entry and PNPs), humanitarian and compassionate grounds, and protected person/refugee claims.
Can I apply for PR from inside Canada?
Yes. Depending on the program, applicants may be able to apply from within Canada — including those applying under family class, H&C grounds, or certain economic programs.
How long does it take to process a PR application?
Processing times vary significantly by program. Spousal sponsorships typically take 12–18 months, while H&C and PNP applications may take longer. Always consult the latest IRCC processing times.
What documents are required for a PR application?
This depends on the stream, but commonly includes identification, police certificates, proof of status in Canada, financial documents, and — where applicable — proof of relationship or employment.
Can I include family members in my application?
Yes. You can include your spouse, common-law partner, and dependent children. You must declare all family members, whether or not they are accompanying you to Canada.
What is a representative, and do I need one?
A representative is someone authorized to help with your application, such as a licensed lawyer or consultant. It is not mandatory, but a qualified representative can provide legal advice, ensure your application is properly prepared, and advocate on your behalf when necessary.
What is the difference between inland and outland applications?
Inland applications are submitted from inside Canada, usually when the applicant is living with their sponsor. Outland applications are processed through visa offices outside Canada and can sometimes be faster.
Can I travel outside Canada while my PR application is being processed?
It depends on your status and the stream you applied through. Inland applicants must remain in Canada or risk their application being considered abandoned. Outland applicants may travel more freely
What happens if my PR application is refused?
You may reapply, seek reconsideration, or — in certain cases — challenge the refusal by filing an application for judicial review in Federal Court.
How do I maintain permanent resident status?
To keep your PR status, you must be physically present in Canada for at least 730 days within any 5-year period and avoid actions that could make you inadmissible (e.g., serious criminality).
Book a consultation to explore your options and next steps.
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Inadmissibility to Canada: What You Should Know
What does it mean to be inadmissible to Canada?
Being inadmissible means you are not allowed to enter or remain in Canada due to specific legal grounds such as criminality, misrepresentation, health issues, or financial reasons.
What are common reasons for inadmissibility?
Some of the most frequent reasons include past criminal convictions (even outside Canada), misrepresenting facts on immigration applications, certain health conditions, or failure to meet financial obligations.
What is criminal rehabilitation?
Criminal rehabilitation is a process by which someone who is otherwise inadmissible due to past criminal activity may become eligible to enter or remain in Canada. In some cases, a person may be deemed rehabilitated after enough time has passed — while others must submit a formal application depending on the nature and seriousness of the offence.. It is available after a certain number of years has passed since completing the sentence.
What is a Temporary Resident Permit (TRP)?
A TRP allows someone who is inadmissible to Canada to enter or remain temporarily if their need to be in the country outweighs the risks. TRPs are discretionary and time-limited.
Can misrepresentation make me inadmissible?
Yes. If you provide false information or omit relevant details in your immigration application, you may be found inadmissible for misrepresentation and be barred from entering Canada for five years.
Can I appeal an inadmissibility decision?
In some cases, yes. If you are a permanent resident or a foreign national with certain rights, you may be eligible to appeal to the Immigration Appeal Division. Others may be limited to seeking judicial review at the Federal Court.
How long does inadmissibility last?
It depends on the reason. For example, misrepresentation leads to a five-year bar, while criminal inadmissibility may be permanent unless addressed through rehabilitation or a TRP.
How does medical inadmissibility work?
You may be found medically inadmissible if your health condition is likely to pose a danger to public health or safety or cause excessive demand on Canada’s health or social services. In some cases, this can be mitigated.
Can I overcome past overstays in Canada?
Possibly. If you overstayed a visa or permit, this could affect future applications. However, you may be eligible to apply for restoration of status or permanent residence on humanitarian and compassionate grounds. It is essential to answer all questions truthfully and fully disclose any past immigration violations in your application.. If you overstayed a visa or permit, this could affect future applications, but you may be eligible to apply for restoration of status or permanent residence on humanitarian and compassionate grounds.
Can I be removed from Canada without a hearing?
Most individuals are entitled to procedural fairness, including notice and an opportunity to respond. However, certain serious cases (e.g., involving serious criminality) may result in expedited removal.
If you need assistance with an inadmissibiliy application, book a consultation to explore your next step.
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