Spousal Sponsorship in Canada
Everything you need to know about sponsoring your spouse or partner for permanent residence in Canada.
Spousal Sponsorship in Canada Breakdown
Whether you would like to sponsor your spouse, common-law partner, conjugal partner, or dependent, you will have to follow 6 steps:
Step 1: Verify if you meet the eligibility criteria
Step 2: Gather the necessary documents for your spousal sponsorship in Canada application.
Step 3: Fill out the application forms online and other required PDF forms.
Step 4: Pay the required fees for spousal sponsorship.
Step 5: Submit your application and wait for your Acknowledgement of Receipt (AOR).
Step 6: Link your application to your IRCC secure account to see the progress of your application.
Step 7: Monitor your application for communication in regards to your application.
Spousal Sponsorship in Canada Program Overview
The Spousal Sponsorship Program in Canada is a one of Canada’s many immigration programs that helps unite couples and families by giving the opportunity to Canadian citizens and permanent residents to sponsor their spouses, common-law partners, conjugal partners, or dependents to become a permanent resident of Canada. It’s important to note that Spousal Sponsorship in Canada is available to all genders.
Before we get into the details, let’s define the difference between the different types of relationships mentioned above:
Spouse (Spousal Sponsorship): Your marriage is a legally valid civil marriage: was legally performed in Canada, or if performed outside of Canada, the marriage must be legally recognized both in the country where it took place and in Canada.
Common-law (Common-law Sponsorship): You’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.
Conjugal Partner: You’re in a relationship with a person who is living outside of Canada. To be eligible to sponsor a conjugal partner, you must be able to prove that you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible for any reason.
Dependent (Dependent-Child Sponsorship): Your child or the child of your spouse or common-law partner if they are under 22 years old and they don’t have a spouse or common-law partner themselves. For a dependent to be recognized over the age of 22, they must be unable to financially support themselves due to a mental or physical condition.
Each of these relationship types have their own eligibility criteria and documentation requirements.
Family Class ("Outland") Sponsorship vs. In Canada ("Inland") Sponsorship Overview
When considering sponsoring a spouse, common-law partner, or dependent, applicants can choose between two pathways: the Family Class (Outland) Sponsorship and the In Canada (Inland) Sponsorship. Both pathways offer a way for families to reunite, but they have different procedures and eligibility requirements. Understanding the distinctions between them is essential for choosing the right route based on your unique circumstances.
Family Class (Outland) Sponsorship
Outland Sponsorship is a process where a Canadian citizen or permanent resident sponsors their spouse, common-law partner, or dependent child who is living outside of Canada. In this case, the applicant is not inside Canada when the application is made.
- Who Can Apply: A person typically residing outside Canada. However, they may also live in Canada with their sponsor and apply through the Outland process, which allows for travel flexibility during the application process.
- Travel: If the person you are sponsoring needs to travel during the process, they can leave their home country or Canada.
- No Work Permit
In Canada (Inland) Sponsorship
The Inland sponsorship pathway is meant for individuals already living in Canada with their spouse, common-law partner, or dependent child. This route is for those who are already residing in Canada on a temporary visa or status and want to apply for permanent residency while remaining in the country.
- Who Can Apply: A person residing in Canada.
- Work Permit:If the person you are sponsoring is inside Canada, they can apply for a work permit while waiting for their permanent residency to be approved. This allows them to work during the processing time.
- Processing Time: Inland applications can take up to 28 months as of March 2025.
- Travel Restrictions: If the person leaves Canada while the application is being processed, it may impact an application, which is something to keep in mind.
- Living Together: The sponsor (the Canadian citizen or permanent resident) and the person being sponsored need to be living together in Canada during the application process.
How To Become a Sponsor
You can become a sponsor for a sponsorship application if you meet the following eligibility requirements:
- You’re at least 18 years of age
- You’re a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident
- You’re living in Canada (if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident). You can’t sponsor someone if you’re a permanent resident living outside of Canada.
- You’re able to prove that you are not receiving social assistance for reasons other than a disability, and;
- You must also be able to show that you can provide basic needs for yourself, your spouse or partner, your spouse or partner’s dependent child(ren), and your dependent child(ren) (if you’re sponsoring only your dependent child).
It’s important to note that if you’re sponsoring a spouse, partner or dependent child, there is no minimum income requirement (or minimum necessary income – MNI).
However, you will still need to meet your financial obligations as a sponsor by signing what is called an undertaking. Let’s get into this in detail.
Your Obligations As a Sponsor
- food, clothing, shelter and other needs for everyday living,
- dental care, eye care and other health needs that aren’t covered by public health services.
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How long is the undertaking agreement?
- the person you sponsor becomes a Canadian citizen
- you become divorced, separated or your relationship with the sponsored person breaks down
- you or the person you sponsor move to another province or country
- you experience financial problems
- be in a genuine relationship with you, the sponsor
- be included in a permanent residence application and have an Acknowledgement of Receipt (AOR) confirming that their permanent residence application is being processed
- be living in Canada with you, the sponsor
Will Your Partner Need to Take a Language Proficiency Test?
No. Your partner will not need to prove that they speak English (or French) fluently. However, it will be beneficial for them to learn the local languages to be able to communicate effectively and to find work. In the future, they will need to take the CELPIP LS test for their Canadian citizenship.
Will You Be Interviewed?
Although an interview by the IRCC for Spousal Sponsorship applications is very rare, the best way to avoid one is by having accurate and consistent documents sent with your application. Reasons why you might be called for an interview are if your officer finds contradicting information on your forms or if your relationship is not deemed genuine.
Spousal Sponsorship Application with Livin Immigration
- Completed application forms
- Proof of payment for applicable government fees
- Country-specific documents (if applicable)
- Proof of status in Canada (Sponsor and Spouse)
- Identity documents
- Marriage certificate
- Divorce certificates (if applicable)
- Birth certificate
- Sponsor’s source of income documents
- Certified and translated police certificates and clearances from all countries your spouse has lived in for six months or longer since the age of 18
- Digital photos
- Relationship Information and Sponsorship Evaluation questionnaire
- Wedding invitations and photos
- Birth certificates or adoption records for any children you and your spouse have together
- Proof of relationship documents depending on the type of relationship
- Relationship Information and Sponsorship Evaluation questionnaire
- Birth certificates or adoption records for any children you and your common-law partner have together
- Photos of you and your common-law partner demonstrating your conjugal relationship
- Proof that you have lived together for at least one year
- Documents showing that you are recognized as each other’s 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)
- Proof of contact
- Proof of visits
- Evidence of financial support, such as joint bank accounts
- Letters from friends and family supporting your relationship
Spousal Sponsorship Application Fees in Canada
Applying for spousal sponsorship in Canada comes with certain government fees that must be paid to process your application. These fees vary depending on the specific circumstances of your case, such as whether you’re sponsoring a spouse, common-law partner, conjugal partner, or dependent child.
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Why might a spousal sponsorship application be rejected?
A spousal sponsorship application can be refused for several reasons, often relating to issues with the application itself or the eligibility of the applicants. Some common reasons for refusal include:
- Incomplete or Incorrect Documentation: If documents are missing or filled out incorrectly, the application may be delayed or rejected. It’s important to provide all required documents and ensure they are accurate.
- Ineligibility of the Sponsor or Applicant: Both the sponsor and the applicant must meet specific eligibility criteria. For example, the sponsor must be a Canadian citizen or permanent resident, and both must be able to demonstrate they meet the relationship and financial requirements.
- Misrepresentation or Fraud: If the applicant or sponsor provides false information or documents, the application can be refused, and serious penalties may apply.
- Non-Genuine Relationship: The relationship between the sponsor and the applicant must be genuine. If immigration officials believe the relationship is not real, or was created for immigration purposes, the application can be rejected.
- Criminal Record or Health Issues: If the sponsored person has a criminal background or significant health issues that pose a risk to public safety or place undue strain on Canada’s healthcare system, the application could be denied.
- Failure to Meet Financial Requirements: While there is no minimum income requirement, the sponsor must prove they can support the applicant without relying on social assistance. If the sponsor fails to meet these financial obligations, the application can be refused.
Non-compliance with Sponsorship Undertaking: The sponsor agrees to financially support the applicant for a specific period after their arrival. If the sponsor doesn’t fulfill this commitment, the application may be rejected.
We hope this guide has been helpful in supporting your loved one in becoming a permanent resident of Canada too.
Frequently Asked Questions
Can I sponsor my spouse if we have been married for a short time?
Yes, you can sponsor your spouse even if you’ve been married for a short time. However, immigration officials will carefully assess the relationship to ensure it’s genuine and not entered into solely for immigration purposes. Evidence of the relationship’s authenticity, such as communication records and photos, will be important.
Do I need to be financially stable to sponsor my spouse?
While there is no minimum income requirement for sponsoring a spouse or partner, you must prove that you are able to support your spouse and prevent them from relying on government social assistance.
What is a "genuine" relationship in the eyes of immigration authorities?
Immigration officials look for evidence that your relationship is genuine and not entered into primarily for immigration purposes. This can include shared responsibilities, communication records, joint financial accounts, or family acknowledgment.
Can I sponsor a spouse if I have a criminal record?
If the sponsor has a criminal record, particularly for serious offences, it could impact the ability to sponsor. However, some convictions may not disqualify you. It’s important to get legal advice if you have a criminal background.
Can I sponsor my spouse if they have children?
Yes, you can sponsor your spouse and their dependent children. The children of your spouse can be included as part of the sponsorship application if they meet the definition of a dependent child (under 22 years old, or over 22 and dependent on the parent due to a physical or mental condition).
What happens if my sponsorship application is refused?
If your application is refused, you may be able to appeal the decision or reapply, depending on the reason for refusal. It’s advisable to consult an immigration lawyer to explore your options.