Family Sponsorship Spousal Sponsorship
Top Myths & Misconceptions About Canadian Spousal Sponsorship
Spousal sponsorship is one of the most common ways couples reunite in Canada, and also one of the most misunderstood.
Misinformation spreads quickly online, and a lot of it comes from outdated forum posts, well-meaning friends, or rules that applied years ago but no longer do.
To help cut through the noise, here are six of the most common misconceptions we hear from couples, and the reality behind each one.
Misconception 1: "You Can't Sponsor Someone Who is Still Legally Married to Someone Else"
This is one of the most persistent myths, and it isn’t entirely wrong, but it’s more nuanced than most people assume.
If your partner is still legally married to a previous spouse, they cannot be sponsored as your spouse, since that category requires a valid legal marriage to you specifically.
But if the previous marriage has genuinely broken down and your partner has been living separately from their ex for at least 12 consecutive months while building a life with you, they may qualify to be sponsored as a common-law partner instead.
Real-world example: Consider a woman from a country where civil divorce can take years to finalize due to religious family law. She has been separated from her husband for three years and has been living with her partner, who is a Canadian citizen in the United States for the past two.
They intend to return to Canada after the sponsorship application is complete, but she cannot be sponsored as a spouse. They will need to list their marital status as common-law partners, provided they can clearly document the separation and cohabitation.
Learn about the difference between spouse, common-law, and conjugal partner categories →
Misconception 2: "You Have to be Married for a Certain Amount of Time Before You Can Sponsor Your Spouse"
There is no waiting period after marriage for spousal sponsorship. IRCC does not require you to be married for six months, a year, or any specific length of time before submitting your application.
This misconception likely comes from confusing spousal sponsorship with common-law partner sponsorship, which requires 12 continuous months of cohabitation in a marriage-like relationship before you can apply.
Real-world example: A Canadian citizen marries her partner abroad in a small ceremony in April. Because they are legally married, she can begin the sponsorship application immediately.
She does not need to wait a year, and she does not need to prove a prior period of cohabitation, since the marriage itself establishes the relationship.
The genuineness of the relationship still matters enormously. IRCC will still scrutinize whether the marriage is real, not entered into for immigration purposes, but there is no clock that needs to run out first.
Learn more about the spousal sponsorship process at Canadim →
Check current IRCC processing times for spousal sponsorship →
Misconception 3: "If You Overstayed Your Visa, You Can Apply for the Open Work Permit as Soon as You Get Your Acknowledgment of Receipt (AOR)"
For applicants who maintained valid status throughout, the standard rule is that a Spousal Open Work Permit can be applied for once IRCC issues the Acknowledgment of Receipt confirming the permanent residence application is complete.
But if you are out of status, meaning you overstayed a visa, worked or studied without authorization, or otherwise fell out of compliance, and your application is being processed under Canada’s public policy for out-of-status spouses, the rule is different.
You do not become eligible for the open work permit at the AOR stage. You must wait until IRCC issues you an Approval in Principle (AIP) or Eligibility Met letter before you can apply.
Real-world example: An applicant overstayed a study permit by several months before marrying her Canadian partner. Her sponsorship application receives its AOR fairly quickly. Still, because her file is being processed under the out-of-status public policy, she is not yet eligible for a work permit.
She has to wait for her AIP letter, which typically comes later in the process, before she can legally start working.
This gap between AOR and AIP can mean months without work authorization for out-of-status applicants, which is an important thing to plan for financially.
Learn more about spousal sponsorship work permits →
Misconception 4: "Once You're Sponsored, You Have to Move to Canada Right Away"
Permanent residence gives you the right to live in Canada. You typically have a year to land in Canada on your permanent resident visa, but you don’t need to actually live in Canada after that.
To maintain Canadian permanent residency, you need to live in Canada for two years in every five years.
So after being granted Canadian PR, you could take a trip to Canada, land on your visa, and then live another two to three years outside of Canada.
Real-world example: A couple finalizes their sponsorship application while the sponsored spouse is in their final year of their bachelor’s degree in the United States.
The sponsored spouse plans to complete a two-year master’s degree in the United States following that. So the couple waits eight months to enter Canada, which activates their PR status, and then returns to the United States for another two years so the sponsored spouse can finish their master’s degree.
That said, given that permanent residents must meet a residency obligation of at least 730 days within every five years to maintain their status, if you delay moving to Canada for an extended period, it’s worth understanding how that requirement applies to your situation.
Learn more about Canadian permanent residency obligations →
Misconception 5: "Sponsors Need to Meet a Minimum Income Requirement"
This is one of the more reassuring misconceptions to correct. Unlike sponsoring a parent or grandparent, which requires the sponsor to meet a minimum income threshold, there is no income requirement for sponsoring a spouse or common-law partner.
Real-world example: A recent graduate working part-time while completing a professional designation wants to sponsor his wife. Because this is spousal sponsorship, his income level does not disqualify him.
He does need to demonstrate that he can support his spouse’s basic needs and is not receiving social assistance for reasons other than a disability, but there is no dollar figure he needs to hit.
Compare sponsor requirements for spouses versus parents and grandparents at Canadim →
Misconception 6: "If Our Relationship Changes During Processing, it Doesn't Matter as Long as we Don't Tell IRCC"
This misconception is dangerous and worth addressing directly.
If your relationship breaks down, or if you separate or divorce, while your sponsorship application is still being processed, you are required to inform IRCC.
Failing to disclose a material change in your relationship status can be treated as misrepresentation, which carries serious consequences, including a finding of inadmissibility that can affect your ability to enter or apply to Canada for years afterward.
Real-world example: A couple separates midway through processing but decides not to mention it to IRCC, hoping the application will simply be approved before anyone notices.
If IRCC later discovers the separation predated the final decision, the file can be refused, and the sponsored spouse can face a misrepresentation finding that follows them into future applications.
If your relationship changes during the process, get legal advice before deciding how to proceed. There may be options available to you, but silence is not one of them.
See IRCC’s official guidance on misrepresentation →
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Every family’s situation is a little different, and general information can only take you so far.
If you’re unsure how these rules apply to you, whether it’s a complicated relationship history, a status issue, or simply wanting to make sure your application is built correctly from the start, Canadim’s immigration lawyers can walk you through exactly where you stand.
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