Spousal Sponsorship: Sponsor your Spouse or Partner for permanent residency in Canada

The Canadian spousal sponsorship program is how a Canadian citizen or permanent resident can sponsor their spouse or partner to come to Canada and live permanently.  The Government of Canada understands the importance of keeping families united and that’s why spousal sponsorship applications are given high priority.

Below you will find insightful information about sponsoring your spouse, common-law partner, or conjugal partner to Canada.

Find out if you are eligible to sponsor or be sponsored for Canadian Immigration

Spousal Sponsorship Overview

What is the Spousal Sponsorship Program?

The Spousal Sponsorship Program is a key part of Canada’s immigration system allowing Canadian citizens and permanent residents to sponsor their spouses, common-law partners or conjugal partners for permanent residency. The program aims to facilitate family reunification by allowing Canadian citizens or permanent residents to bring their loved ones to live with them in Canada.

 

It is important to understand the distinctions between the types of relationships that qualify for the Spousal sponsorship class:

  • Spouse: The sponsored person is legally married to the sponsor.
  • Common-law Partner: The sponsored person and the sponsor have lived together in a conjugal relationship for at least one continuous year.
  • Conjugal Partner: The sponsored person and the sponsor have been in a genuine and continuing relationship for at least one year but have been unable to live together or marry due to extenuating circumstances (cultural, political, religious barriers)

Each relationship type has its own distinct eligibility criteria and documentation requirements for Canadian immigration purposes.  We have included a link below to further guide you on how to determine which category your relationship may fall under: Difference Between Spouse, Common-Law and Conjugal Partner.

Family Class (“Outland”) Vs. In Canada (“Inland”) sponsorship Class

The Spousal Sponsorship program comprises two main classes:

1. Family Class sponsorship (Outland sponsorship)

You should apply under the Family Class sponsorship option if:

  • The principal applicant (i.e. the person being sponsored) lives outside of Canada or,
  • The principal applicant is currently in Canada with the sponsor but does not plan to stay in Canada for the entire duration of the application process

Note: Since dual intent is fully recognized under Canadian immigration law, your spouse can apply for a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (ETA) to come or remain in Canada while their outland sponsorship application is being processed.

It is important to note that if you are applying for a temporary authorization to Canada, to present a compelling narrative to the government of Canada. This is because all temporary authorizations are at the discretion of the visa officer to approve and or refuse.

2. In Canada Sponsorship Class (Inland sponsorship)

You should apply under the Spouse or Common-Law Partner in Canada Class if:

  • The principal applicant (the person being sponsored) lives with the sponsor in Canada
  • The principal applicant currently holds or previously held a valid immigration status in Canada.

Note: If your spouse or common-law partner is out of status in Canada, they may still be eligible to apply for spousal sponsorship under certain circumstances. There is a public policy that allows individuals who are out of status to remain in Canada while their application is being processed. However, they must meet other eligibility requirements and ensure they comply with Canadian immigration laws during the application process.

It’s important to consult with an immigration lawyer to confirm specific details regarding individual cases.

The main disadvantage to the inland sponsorship compared to the outland sponsorship is that the principal applicant should avoid traveling outside of Canada while their application is in process.

Spousal Sponsorship Processing Times

How long does it take to sponsor a spouse or partner to Canada?

The current standard processing times to sponsor your spouse or partner to Canada are 12 months but can vary depending on several factors such as whether the application is an inland sponsorship or outland sponsorship.

Note: If you are applying to sponsor your spouse for permanent residence in Quebec, the processing time could take up to 25 months.

Other factors that can affect the processing times:

  • Province you plan to settle: If you intend to settle in Quebec, the processing time may be longer as Quebec has its own immigration procedures and requirements for spousal sponsorship.
  • Completeness of application: If the application is incomplete or documents are missing, it can cause delays.
  • Additional requests from IRCC: If the immigration authorities request more information, this may extend the processing time.
  • Criminal or Medical checks: Any additional checks required (example, police certificates or medical exams) could add time to the process.

Accurate and up to date processing times can be found directly on the IRCC website: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

Spousal Sponsorship government fees

How much does it cost to sponsor your spouse, conjugal partner, or common-law partner to Canada?

The government processing fees to sponsor your spouse, conjugal partner, or common-law partner in Canada are:

Sponsorship fee $85

Principal applicant processing fee $545

Right of permanent residence fee $575

Total: $1205

If the principal applicant has dependent children, an additional payment of $175 will be required for each child included in the application.

Canada requires biometric information from individuals applying for permanent residence. The biometric fee is $85 per person and is valid for 10 years.

A complete list of IRCC fees can be found here: https://ircc.canada.ca/english/information/fees/fees.asp

Are there additional fees for applicants intending to settle in the Province of Quebec?

It is important to note that when applying for sponsorship to reside in Quebec, applicants must also obtain a Certificat de Selection du Quebec (“CSQ” – Quebec Selection Certificate) and pay the associated processing fees.

Quebec imposes specific requirements beyond the standard sponsorship process. For this reason, it is advisable to consult an immigration lawyer to better understand the supplementary documentation and associated fees. You can also refer to our detailed article “Spousal Sponsorship in Quebec” for more information.

Find out if you are eligible to sponsor or be sponsored for Canadian Immigration

What are the Requirements of a Spousal Sponsorship Application

Who can sponsor a spouse, common-law or conjugal partner under the Spousal Sponsorship program?

The sponsor must meet the following requirements:

  • Be a Canadian citizen or permanent resident
  • Be at least 18 years old
  • Be able and willing to provide for the basic financial needs of your sponsored spouse or partner for three years
  • Live in Canada*
  • Will not require social assistance from the government

*Note: you can also sponsor your spouse or partner if you are a Canadian citizen living abroad and intend to reside in Canada once they obtain permanent resident status.

What documents are required to submit a spousal or common-law sponsorship application?

You can expect the sponsor to submit the following:

You can expect the sponsored person to submit the following:

  • Permanent residence application forms
  • Proof of status in Canada, if applicable
  • Country specific forms and/or documents
  • Identity documents
  • Travel documents and passports
  • Civil status documents
  • Civil documents of your children, if applicable
  • Police certificates and clearances from all countries where the sponsored person has lived for six months or longer since the age of 18
  • Proof of military service, if applicable
  • Digital photo
  • Medical certificate
  • Additional documentation may be required depending on your personal circumstances

Both the sponsor and sponsored person are expected to submit the following:

You must provide supporting documents to prove that the relationship is in fact true and genuine. If the sponsored person and the sponsor are living together, you should provide at least two of the following sets of documents:

  • Proof of joint ownership of residential property
  • Joint rental agreement showing both as occupants of a rental property
  • Proof of joint utility accounts
  • Vehicle insurance showing both have been declared to the insurance company as residents of the insured’s address
  • Joint bank accounts or credit card accounts
  • Copies of government-issued IDs showing the same address
  • Additional documents issued to the sponsor or sponsored person showing the same address, whether the accounts are held jointly or not

Note: common-law partners must provide proof that they have lived together for at least one year. For most documents, 12 months of joint bank statements could be used to prove this, in addition to other joint bills that carry the same billing address to prove your common-law relationship.

If the sponsor and sponsored person are not living together, you must provide:

  • Proof of contact (letters, text messages, emails, social media conversations etc) and;
  • Proof of sponsor’s visits (airline tickets, boarding passes etc)
  • Depending on the reason you are not living together, additional documentation will be required to explain this with your application

In most cases, the sponsor and sponsored person must provide at least two of the following sets of documents:

  • Documents that indicate that you are recognized as each other’s spouse or common-law partner, such as employment or insurance benefits
  • Evidence of financial support or shared expenses between you and your partner
  • Proof that your relationship is recognized by family and friends (letters, emails, social media)

If you are in a conjugal relationship and looking into sponsoring your partner, immigration officers will expect to see the following evidence:

  • A written statement explaining why you can’t live together or marry
  • Photos to demonstrate genuine relationship for a period of at least 12 months
  • Proof of contact (letters, text messages, social media conversations etc)
  • Proof of visit if applicable
  • Evidence that your friends and family recognize that the two of you are in a relationship
  • Proof of financial support and/or dependency

If you can’t provide all the documents outlined above, find ways that demonstrate your relationship and provide them. Provide letters of explanation or sworn declarations from family or friends that can attest to your common-law status. The final decision regarding your common-law documents will be at the discretion of the visa officer but the more proof you can provide, the better your chances of being accepted.

At Canadim, we can help you find creative ways to demonstrate your relationship, suggesting other forms of evidence that may be accepted by the immigration authorities.

What are the reasons a spousal sponsorship application is refused

A spousal sponsorship application can be refused for various reasons, including but not limited to:

  • Incomplete or incorrect documentation
  • Failure to meet eligibility requirements
  • Misrepresentation or fraud
  • Failure to demonstrate sufficient financial resources to support the sponsored person or sponsor is receiving social assistance
  • Failure to prove that the relationship is genuine

The best way to ensure your spousal sponsorship application is processed as quickly as possible is to make sure it is done right the first time. The lawyers and legal professionals at Canadim have successfully helped clients with their spousal sponsorship applications.

Read our full article here: 6 Reasons Your Sponsorship Application Could Be Denied

Find out how Canadim can help bring your loved ones to Canada by taking our Family free online assessment.

What is the Spousal Sponsorship Process with Canadim

canadim.com

With Canadim, the application process is seamlessly guided by our experienced team. Once you complete your free online assessment, an Immigration Attorney will meticulously evaluate your profile and contact you to assess your eligibility.

A formal immigration legal services agreement will mark the start of our collaboration and mandate. As a client, you will receive guidance through the required documentation for the initial stage. Subsequently, Canadim will complete and prepare the application forms for you, collect and review the necessary documents and submit the application to Immigration, Refugees, and Citizenship Canada (IRCC).

Finally, we will monitor your application until a decision is rendered on your Permanent Residency.

While no consultant or immigration lawyer can guarantee the approval of Canadian permanent residency through the sponsorship program, choosing Canadim ensures that you have the support of an experienced and dedicated team that will guide you through every step.

start my free sponsorship assessment here

CANADA SPOUSAL SPONSORSHIP FAQ

What happens if my spousal sponsorship application is refused?

If your spousal sponsorship application was submitted and refused under the Family Class “outland” category, you have the right to appeal the decision or submit a new sponsorship application. We recommend consulting with our attorneys to understand the reasons for the refusal and determine the best strategy for submitting a second application to IRCC.

Can I reapply if my spousal sponsorship application is refused?

If your spousal sponsorship application is refused, you can reapply. However, it’s crucial to address the reasons for the refusal in your new application. This may involve providing new or additional information or documentation that clarifies or corrects the issues identified in the refusal. It’s highly recommended to thoroughly review the refusal letter, obtain the GCMS notes, seek professional advice from a lawyer and ensure that the new application meets all requirements and addresses any concerns raised by IRCC.

Can I cancel my spousal or partner sponsorship application?

You can withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada. However, in certain circumstances, the IRCC agent may refuse the withdrawal and proceed instead with a refusal.

How do I submit a spousal or common-law sponsorship application?

The spousal sponsorship application is submitted through the IRCC Permanent Residence Portal. If you are unable to apply online and require accommodations, such as for a disability, you can request the application in an alternative format.

If you hire a law firm, they will submit your application using the Authorized Representative Portal. All correspondence regarding the application will be sent directly to the lawyer, so the client does not need to communicate with IRCC

Can my spouse or common-law partner include their family members on our spousal sponsorship application?

Your spouse or common-law partner may include any dependent children who are accompanying them on permanent residence application.

The dependent must be under the age of 22, unmarried and not in a common-law relationship. In certain circumstances, dependents over 22 years may qualify.

Is an interview required for spousal sponsorship?

Immigration interviews for spousal sponsorship cases are uncommon and generally occur only in specific situations. These interviews are typically triggered when there is a lack of supporting documents for the relationship, discrepancies between the information provided on forms and documents, significant age or religious differences, a short time between meeting your spouse and getting married, or minimal or no cohabitation.

Although the final decision to interview a couple is at the discretion of the visa officer, using the services of a qualified immigration attorney can help to present your application in the best possible way and address any concerns or doubts about the genuineness of your relationship.

My spouse, conjugal partner, or common-law partner has a serious medical condition, can I still sponsor them?

If your spouse’s medical condition is not a danger to the public health or safety, they will likely not face any issues with their sponsorship application.

There are three kinds of medical inadmissibility: excessive demand on health or social services, danger to public health and danger to public safety. Medical inadmissibility for excessive demand does not apply to sponsored spouses or common-law partners.

What are my ongoing obligations if I sponsor my spouse, conjugal partner, or common-law partner under the spousal sponsorship?

When sponsoring a spouse, conjugal partner, or common-law partner, you are responsible for fulfilling the basic needs of your partner, including their everyday and health needs for three years.

You must make sure that your sponsored spouse, conjugal partner, or common-law partner does not require social assistance from the government before signing the undertaking agreement. If your spouse, conjugal partner, or common-law partner does require financial help from the government, you must pay back the full amount they received while you were legally responsible for them. If you do not pay back the full amount, you will not be permitted to sponsor another eligible family member until you do.

Your financial obligation will stay in effect even if:

  • your sponsored spouse, conjugal partner, or common-law partner becomes a Canadian citizen
  • your relationship ends
  • your spouse, conjugal partner, or common-law partner moves to another country or province
  • you experience financial problems
Find out if you are eligible to sponsor or be sponsored for Canadian Immigration

Can my spouse, common-law partner, or conjugal partner come to Canada while waiting for approval?

Your spouse or partner can apply for a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (ETA)  if they are from a visa-exempt country, allowing them to come to Canada while the spousal sponsorship application is in process.

Applicants applying for a Temporary Resident Visa (TRV) must satisfy the visa officer assigned to their case they will leave at the end of the validity of the visa. Having an application for permanent residence can create doubt in the visa officer’s mind that the applicant intends to leave at the end of their visa.

 

Can I sponsor my spouse, conjugal partner, or common-law partner if I’m unemployed?

You do not need a job to sponsor your spouse, conjugal partner, or common-law partner to come to Canada. Unlike other sponsorship programs, there is no minimum income requirement for spousal sponsorship. However, since you are required to sign an undertaking agreement promising to support your partner’s basic needs, the immigration officer may assess whether you have sufficient funds to sponsor them. As such, you should provide documentary evidence showing how you plan to support your spouse, conjugal partner, or common-law partner in Canada.

 

Does my spouse, conjugal partner, or common-law partner need a job offer to be sponsored under the spousal sponsorship program?

Your sponsored spouse, conjugal partner, or common-law partner does not require a job offer in Canada to be eligible under the spousal sponsorship program.

 

How much money do you need to sponsor your spouse, conjugal partner, or common-law partner to Canada?

You do not need to demonstrate a minimum income to sponsor a spouse, conjugal partner, or common-law partner. However, whenever you sponsor a family member to Canada, you must sign an undertaking, in which you promise to provide financial support for the basic needs of your sponsored family member.

The length of the undertaking depends on the category of sponsorship. For spousal sponsorship (including spouses and common-law or conjugal partners), the length of the undertaking is 3 years from the day the sponsored individual becomes a Canadian permanent resident.

 

Can I leave Canada while my spousal sponsorship application is in process?

Since residing in Canada is not a requirement for In Canada Sponsorship Class, leaving the country could be risky in case the sponsored person is unable to re-enter. Indeed, a Canadian Border Services Agency (CBSA) officer has discretionary power to allow or deny entry to a foreign national. Having a permanent residence application in process or holding a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (ETA)  does not guarantee entry into Canada. The final decision is made by the border officer at the port of entry.

Another consideration is if the sponsored spouse has applied for an open work permit and is currently on maintained status in Canada. In this case, they should not leave Canada and wait until their work permit application is approved.

If you are a Canadian permanent resident, you must be and remain in Canada during the processing of a spousal sponsorship application.

 

Does my spouse, conjugal partner, or common-law partner need to demonstrate English or French language proficiency?

Your sponsored spouse, conjugal partner, or common-law partner is not required to demonstrate their proficiency in English or French.

 

Is there a limit to the number of spousal sponsorship applications accepted by Canada?

Canada continues to accept spousal sponsorship applications throughout the year. However, there is an annual immigration quota that Canada must respect.

It is important to note that if you are considering settling in the province of Quebec, there is a quota on the number of CSQs that will be issued between June 2024 and June 2026. You can read more about this here.

 

Do I get permanent residence if I marry a Canadian citizen?

No. Marrying a Canadian does not automatically give the spouse Canadian permanent residence. Once you are married you can apply for spousal sponsorship. The spouse will become a Canadian permanent resident only after the spousal sponsorship application is approved.

 

Can I sponsor my conjugal or common-law partner if I am legally married to someone else?

If you wish to sponsor your common-law partner but are legally married to another person, you must provide proof that your marriage has broken down and that you have lived apart from your spouse for at least one year. You can only count time physically separated from your spouse toward time cohabitating with the common-law partner you wish to sponsor. To demonstrate the end of your spousal relationship, you should provide additional documentation, such as:

  • a formal declaration regarding the end of the marriage and beginning of a common-law relationship
  • an official separation agreement
  • a court order in respect of custody of children, or
  • documents showing the removal of the legally married spouse from insurance policies or wills

Can I sponsor my common-law partner if we are not currently living together?

A common-law couple may be separated due to extenuating circumstances such as a family emergency, hostile country conditions, or employment or education-related reasons. To sponsor your common-law partner, you must have been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship. If you are not currently living with your partner at the time of applying, you must provide sufficient evidence that you have previously lived together and intend to live together in Canada upon being sponsored. You will also need to provide convincing evidence to show that while living apart, you have continued to maintain your common-law relationship.

 

Can I use a cohabitation letter as proof for common-law sponsorship?

There is a specific list of documents that must be submitted to IRCC to prove your common-law relationship. Our immigration attorneys can provide guidance on the necessary documents and any additional evidence that may strengthen your application.

 

Can I sponsor my same-sex spouse or partner?

Canada acknowledges same-sex marriages and relationships and you can submit a sponsorship application as long as the eligibility criteria are met. A marriage that occurred outside of Canada must be legally recognized in the country where it took place.

 

Is an interview required as part of a spousal sponsorship application?

Interviews are only necessary if the information provided is deemed not credible, if there are discrepancies between the documents and information provided on the forms and/or if an officer believes it to be a marriage of convenience. It is the officer’s discretion to request an interview.

 

How long do you have to be married to sponsor a spouse in Canada?

For spousal sponsorship in Canada, there is no required length of time that you must be married before submitting the application. As soon as you have obtained the marriage certificate and meet the eligibility requirements, you can submit the application.

However, it’s important to ensure the marriage is genuine and a legally recognized relationship.

 

Can you sponsor a spouse or common-law partner if you are living outside Canada?

A Canadian citizen living abroad can sponsor a spouse or common-law partner provided they can demonstrate an intent to reside in Canada once their sponsored relative becomes a permanent resident.

A permanent resident of Canada residing abroad is not eligible to submit a family class sponsorship.

 

What happens if I don’t have all the required documents for sponsorship?

If you can’t provide all the documents outlined above, our lawyers can help you find creative ways to demonstrate your relationship, suggesting other forms of evidence that may be accepted by immigration authorities.

 

What happens after I submit the spousal sponsorship application?

After you submit the sponsorship application, an officer will review it to ensure that it is complete (including signed forms and translated documents). If everything is in order, IRCC will issue an Acknowledgement of Receipt (AOR).

Once the sponsor’s eligibility is confirmed, an Approval of Sponsor letter is issued, which is typically considered the first stage approval of the sponsorship process.

The second stage begins when the principal applicant meets the eligibility requirements and an Approval in Principle (AIP) is issued. However, criminal and medical checks still need to be completed at this stage.

 

Do I need a lawyer to apply for spousal sponsorship?

It is not required to retain the services of a lawyer to apply for spousal sponsorship. However, there are key benefits of working with a lawyer for your case: expert guidance, increased chances of success, time and stress savings, personalized attention and peace of mind.

 

What happens if I have a child with my partner during the sponsorship process?

You must contact IRCC of any change in circumstances, such as:

  • birth or adoption of children
  • marriage or divorce or separation
  • death of an applicant or dependent

 

Can I sponsor my spouse or common law partner if I have a criminal record?

If you have been convicted of certain offenses, particularly those of a sexual or violent nature, you may not be eligible to sponsor. A full list of offenses that could lead to a sponsorship bar is available on the IRCC website here.

 

What happens after my spousal sponsorship is approved?

Once the spousal sponsorship application is approved, IRCC will send instructions on how to finalize your permanent residence process. This may include steps for confirming your permanent resident status and obtaining your permanent resident card.

 

What if my spousal sponsorship   application for permanent residency is still pending after entering Canada?

It’s important to inform IRCC of any change in residential address to ensure the principal applicant receives the necessary instructions on how to confirm their permanent residence status. In most cases, the sponsored person can apply for an open work permit which allows them to work in Canada while waiting for the decision on the sponsorship application. It’s also crucial to ensure they maintain legal status in Canada throughout the processing period.

 

Can I sponsor my partner if we are not married but in a relationship?

You do not need to be married to sponsor your partner. If you have documentary evidence to prove a common-law or conjugal relationship, you can submit a sponsorship application. However, simply being in a relationship or engaged without meeting the other eligibility requirements is not sufficient. You must demonstrate that your relationship is genuine and meet other criteria set by IRCC.

Spousal Sponsorship in Quebec

When planning to sponsor your spouse to join you in the beautiful province of Quebec, it’s crucial to note that the sponsorship process for residing in Quebec differs from the rest of the country.

Understanding the unique requirements and procedures is vital for a successful application. In Quebec, additional documents and fees are mandated to thoroughly review your sponsorship application.

To navigate through the distinctive stages, documentations, and grasp the essential details about the supplementary fees, we invite you to explore our comprehensive article, “Applying for Spousal Sponsorship in Quebec” This article is designed to provide you with valuable insights, ensuring you are well-prepared and informed for a seamless sponsorship process in the distinctive context of Quebec sponsorship.

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As each application is as unique as the relationship itself, one of our experienced immigration attorneys can assist you in preparing the strongest application possible.

If you would like to know more about your options for spousal sponsorship, please take our Free family online assessment.

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