If your spouse claimed asylum in the United States, IRCC will know due to the Five Eyes data-sharing agreement. You must fully disclose this US claim in your Canadian PR application to avoid a 5-year ban for misrepresentation. The standard spousal sponsorship fee is $1,260 CAD.
Love frequently crosses borders, and many Canadians find themselves marrying a foreign national who currently resides in the United States while awaiting an asylum hearing. Alternatively, the spouse may have already been refused asylum by a US immigration judge and is facing deportation. 🚨 Sponsoring a partner with a complex US immigration history is entirely possible, but it requires extreme honesty and absolute precision on your Canadian paperwork.
Immigration, Refugees and Citizenship Canada (IRCC) operates in close partnership with US Customs and Border Protection (CBP) and Homeland Security. Under the Canada-U.S. Visa and Immigration Information-Sharing Agreement and the Five Eyes alliance, Canada has immediate access to US refugee claims, fingerprints, and deportation orders. 📊 Attempting to hide a US asylum claim will automatically trigger a severe charge of misrepresentation, ruining your spouse’s chance of ever moving to Canada.
Step-by-Step Process for Cross-Border Sponsorship
Managing an application where the principal applicant has a precarious legal status in another country is highly stressful. Most applicants in this province rely on a licensed Canadian immigration lawyer to navigate the specific background declarations required. 📋 Here is the standard step-by-step process to ensure a successful sponsorship.
Step 1: Completing Full Disclosure on Schedule A
The most important document in this entire process is the IMM 5669 (Schedule A – Background/Declaration). There is a specific question asking if the applicant has ever applied for refugee status, an immigrant or permanent resident visa, or been refused entry to Canada or any other country. ⚠ You must check “Yes” and provide a detailed explanation of the US asylum claim, including dates and current status.
Step 2: Retrieving US Immigration Records (FOIA)
To ensure your Canadian application exactly matches what the US government has on file, your lawyer may request a Freedom of Information Act (FOIA) release from US immigration authorities. This allows you to see the exact narrative your spouse provided to the US government. 📄 Any contradictions between their US asylum story and their Canadian PR application will be flagged as suspicious by IRCC.
Step 3: Obtaining an FBI Identity History Summary
IRCC requires a police certificate from any country where the applicant has lived for 6 months or more since age 18. If your spouse has been in the US claiming asylum, they must obtain an FBI Identity History Summary check. 🔍 This involves submitting fingerprints to the FBI and including the cleared background check in your IRCC sponsorship package.
Step 4: Deciding Between Inland vs. Outland Sponsorship
If your spouse crosses into Canada legally (perhaps with a visitor visa) while their US claim is pending, you could apply for an “Inland” sponsorship, which allows them to stay in Canada and apply for a work permit. However, if they cannot get a Canadian visa, you must use the “Outland” (Family Class) process while they remain in the US. 🏦 If the US deports them back to their home country during processing, you simply update IRCC with their new address.
How Much Does it Cost in Canada?
Sponsoring a spouse with a complex immigration background involves standard government fees, but you should budget significantly more for legal representation. Mistakes on files involving refugee claimants are rarely forgiven. 💸 Here is a breakdown of the standard costs in CAD:
- IRCC Sponsorship Fees: The standard federal fee to sponsor a spouse is $1,260 CAD, which covers the $90 sponsorship fee, $570 principal applicant fee, and $600 Right of Permanent Residence Fee.
- Biometrics Fee: The mandatory fingerprint and photo fee for IRCC is $85 CAD.
- FBI Background Check: The US FBI charges $18 USD (approx. $25 CAD) for the identity check, plus whatever the local police station charges to roll the fingerprints.
- Immigration Lawyer Fees: Retaining a Canadian law firm to handle a file with previous asylum claims and potential inadmissibility issues generally costs between $4,500 and $7,500 CAD.
Paying a professional to ensure your Schedule A is flawlessly drafted is an investment in your family’s future. A misrepresentation ban means your spouse cannot enter Canada for five full years. 💰
How Long Does the Process Take?
The standard processing time for a routine spousal sponsorship is approximately 16 months for overseas (Outland) applications and 26 months for in-Canada (Inland) applications. However, because your spouse has a US asylum claim, IRCC will conduct enhanced security and background screening. ⋱ They will communicate with US authorities to ensure your spouse is not a security threat or running from serious criminal charges.
Because of this extensive cross-border verification and the requirement for an FBI background check, you should expect a complex application of this nature to take approximately 18 to 24 months. If there are delays in retrieving records, or if IRCC issues a Procedural Fairness Letter requesting additional court documents from the US immigration judge, the timeline can stretch even longer. ⏳ Patience is essential when dealing with two separate federal governments.
Misrepresentation (Lying) vs. Honest Disclosure
| Action Taken on Application | IRCC Response | Long-Term Consequence |
|---|---|---|
| Honest Disclosure of US Asylum | IRCC verifies the claim with US authorities to ensure no criminality. | PR is usually granted. Claiming asylum is not a crime in Canada. |
| Hiding the US Asylum Claim | IRCC discovers the lie instantly via biometric data sharing with the US. | Application refused. 5-year ban from Canada under Section 40 IRPA. |
| Failing to declare a US Deportation | IRCC flags the file for misrepresentation and potential criminality. | Application refused. Severe bans and potential permanent inadmissibility. |
Frequently Asked Questions (FAQ)
Is claiming asylum in the US a crime that bars them from Canada?
No. Simply applying for refugee protection in another country is a human right, not a criminal offence. IRCC will not refuse your spousal sponsorship just because your partner sought asylum in the US, as long as you disclose it honestly.
Can my spouse visit me in Canada while the US claim is pending?
This is extremely difficult. If they have a pending asylum claim in the US, they likely do not have a US passport. Applying for a Canadian Temporary Resident Visa (TRV) with a precarious US status almost always results in a refusal, as IRCC will assume they will claim asylum in Canada.
What happens if the US deports them while we are waiting for Canadian PR?
If they are deported to their home country, your Outland sponsorship application continues normally. You simply need to update IRCC with their new address and provide any new police certificates if required. A US deportation does not automatically cancel a Canadian spousal sponsorship.
Do we need to withdraw the US asylum claim to apply for Canadian PR?
No, IRCC does not require you to withdraw the US claim to submit a Canadian family sponsorship application. However, once your spouse is granted Canadian Permanent Residence, they usually abandon their US claim when they move to Canada.
Will IRCC share my Canadian financial info with the US government?
Generally, no. The data-sharing agreements (like the Safe Third Country Agreement and Five Eyes) focus on biometrics, criminality, and immigration history to prevent fraud. They do not routinely share the Canadian sponsor’s personal banking or tax information with the US.
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