Are you eligible for spousal sponsorship?

05 Feb 2023

您有资格获得配偶担保吗？加拿大公民和永久居民可以担保他们的配偶或伴侣获得加拿大永久居留权。 Are you eligible for spousal sponsorship? Canadian citizens and permanent residents can sponsor their spouses or partners to obtain permanent residence in Canada.

如果您是加拿大公民或永久居民，并且已婚或与外国人有关系，只要您符合某些资格标准，您就可以担保该人加入您的加拿大并成为永久居民。 If you are a Canadian citizen or permanent resident and are married or in a relationship with a foreign national, you may sponsor that person to join you in Canada and become a permanent resident, as long as you meet certain eligibility criteria.

赞助您的家人移民加拿大 Sponsor your family for Canadian immigration

为了担保您的配偶或伴侣，您必须： In order to sponsor your spouse or partner, you must:

• 至少 18 岁 At least 18 years of age
• 是居住在加拿大的加拿大永久居民或加拿大公民 Be a Canadian permanent resident living in Canada or a Canadian citizen
• 未入狱、破产、被驱逐令（如果是永久居民）或被控犯有严重罪行；和 Not be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and
• 在过去 5 年内没有作为配偶被担保到加拿大 Not have been sponsored to Canada as a spouse within the last 5 years

此外，被担保人必须至少年满 16 岁，并且与担保人的血缘关系不能太近。 In addition, the sponsored person must be at least 16 years of age and not be too closely related by blood to the sponsor.

担保人和被担保人还必须证明他们的关系，这种关系必须属于以下三类之一： The sponsor and the sponsored person must also prove their relationship, which must fall under one of three categories:

• 配偶：被担保人和担保人合法结婚。如果婚姻在加拿大境内举行，省或地区的结婚证书足以证明婚姻有效。如果婚姻在加拿大境外举行，则必须根据该国法律以及加拿大联邦法律有效。 Spouse: the sponsored person and sponsor are legally married. If the marriage took place within Canada, a Certificate of Marriage from the province or territory is sufficient to prove that the marriage is valid. If the marriage took place outside Canada, it must be valid under the laws of that country and as well as under Canadian federal law.
• 同居伴侣：被担保人和担保人必须连续同居至少一年。 **Common law partner: the sponsored person and sponsor must cohabit continuously for at least one year.
• 婚姻伴侣：如果受担保人无法控制的特殊情况使伴侣无法成为普通法伴侣或配偶，例如移民障碍或有限离婚或同性关系的法律限制，则被担保人可被定义为婚姻伴侣.此外，合作伙伴必须处于至少一年的相互依赖关系中，并且具有与婚姻或同居伴侣关系相同的承诺水平。这可以通过情感纽带、亲密关系、财务紧密度（例如资产的共同所有权）以及花时间在一起和团聚的努力来证明。 Conjugal partner: a sponsored person may be defined as a conjugal partner if exceptional circumstances beyond their control has prevented the partners from qualifying as common law partners or spouses, such as immigration barriers or legal restrictions limited divorce or same sex relationships. Furthermore, the partners must be in a mutually dependent relationship for a least one years with the same level of commitment as a marriage or common law partnership. This can be demonstrated through emotional ties, intimacy, financial closeness such as joint ownership of assets and efforts to spend time together and reunite.

重要的是要注意，在加拿大境内进行的同性婚姻对于配偶担保和普通法是有效的，并且夫妻伴侣可以是同性。 It is important to note that same-sex marriages performed within Canada are valid for spousal sponsorship and common law and conjugal partners can be same-sex.

如果申请人符合以下条件，则不能申请成为担保人： An applicant cannot apply to become a sponsor if they:

• 尚未支付移民贷款、履约保证金和/或家庭抚养费； have not paid an immigration loan, a performance bond and/or family support payments;
• 未能抚养先前被担保的亲属，导致被担保人寻求社会援助以满足基本需求； failed to support a previously-sponsored relative, which resulted in the sponsored individual seeking social assistance to meet basic needs;
• 处于移除令之下； is under a removal order;
• 在感化院、监狱、感化院或监狱； is in a penitentiary, jail, reformatory or prison;
• 因残疾以外的原因接受社会援助； receives social assistance for reasons other than a disability;
• 已申请破产且未收到法院的“解除令” have filed for bankruptcy and have not received an ‘order of discharge’ by the court
• 获得赞助并持有永久居民身份少于五年； were sponsored and held permanent resident status for less than five years;
• 之前赞助过另一位配偶/伴侣，并且自被赞助的配偶/伴侣成为加拿大永久居民后未超过三年； sponsored another spouse/partner previously and three years have not passed since the sponsored spouse/partner became a Canadian permanent resident;
• 已经提交了担保其当前配偶/伴侣/子女的申请，但尚未对其提交的申请做出决定； have already submitted an application to sponsor his or her current spouse/partner/child and a decision was not yet made on his or her submitted application;
• 被判犯有暴力或性犯罪或对亲属造成、企图造成或威胁造成身体伤害的罪行。 were convicted of a violent or sexual offence or an offence that caused, attempted to cause or threatened to cause bodily harm to a relative.

赞助您的家人移民加拿大 Sponsor your family for Canadian immigration

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