Canadian spousal sponsorship allows a Canadian citizen or permanent resident to sponsor their partner to come to Canada and live permanently. Understanding the process and requirements is crucial for a successful application.

What is the Spousal Sponsorship Program?

The Spousal Sponsorship Program is part of Canada’s immigration system, enabling Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency. This program aims to facilitate family reunification.

Types of Relationships:

• Spouse: Legally married to the sponsor.
• Common-law Partner: Living together in a conjugal relationship for at least one continuous year.
• Conjugal Partner: In a genuine relationship for at least one year but unable to live together or marry due to extenuating circumstances.

Each relationship type has specific eligibility criteria and documentation requirements. For detailed information, read our full blog article on the differences between these relationships.

Family Class (Outland) Vs. In Canada Sponsorship Class

The Spousal Sponsorship program has two main classes:

1. Family Class (Outland) Sponsorship:

• For spouses/common-law partners living outside of Canada.
• Can apply even if living in Canada temporarily.
• Spouses can apply for a temporary visa to visit Canada while the sponsorship application is processed.

2. In Canada Sponsorship Class:

• For spouses/common-law partners living in Canada with valid immigration status.
• Allows for the application of an open work permit during processing.
• Applicants should avoid travel outside Canada while the application is in process.

Understanding the Process: Spousal Sponsorship in Canada

Processing Time:

• Typically takes about 12 months. Complex cases or requests for additional documentation can extend this timeline.

Submitting an Application:

• Applications can be submitted by mail or through IRCC’s new permanent residence application portal.

Including Family Members:

• Dependent children can be included in the sponsorship application.

Costs:

• Sponsorship fee: $75
• Principal applicant processing fee: $490
• Right of permanent residence fee: $515
• Biometrics fee: $85
• Total: $1165
• Additional $150 for each dependent child included in the application.

For applications in Quebec, additional documents and fees are required. Refer to our detailed article, “Spousal Sponsorship in Quebec,” for more information.

Is an Interview Required?

Immigration interviews are rare but may occur if there are inconsistencies in documents, contradictions in forms, significant age or religious differences, a short period between meeting and marriage, or little cohabitation. Using a qualified immigration attorney can help minimize the need for an interview.

Medical Conditions

Sponsorship is generally possible unless the spouse’s medical condition poses a danger to public health or safety. Medical inadmissibility for excessive demand on health or social services does not apply to sponsored spouses or common-law partners.

Requirements for Spousal Sponsorship Application

Who Can Sponsor Their Spouse, Conjugal Partner, or Common-Law Partner?

You may be eligible to sponsor your spouse, conjugal partner, or common-law partner if you are a Canadian citizen or permanent resident and meet the following conditions:

• Are at least 18 years old.
• Live in Canada or plan to return to Canada once your spouse or partner becomes a permanent resident.
• Are able and willing to provide for the basic financial needs of your spouse or partner for three years (provide financial support).

Ongoing Obligations as a Sponsor

When sponsoring a spouse, conjugal partner, or common-law partner, you must fulfill their basic needs, including everyday and health needs, for three years. You must ensure your sponsored partner does not require social assistance from the government. If they do, you must repay the full amount received while you were legally responsible for them. Failure to do so will prevent you from sponsoring another eligible family member until the debt is cleared.

Your financial obligation remains even if:

• Your sponsored partner becomes a Canadian citizen.
• Your relationship ends.
• Your partner moves to another country or province.
• You experience financial problems.

Job Requirements for Sponsorship

You do not need a job to sponsor your spouse, conjugal partner, or common-law partner. There is no minimum income requirement for spousal sponsorship. However, you must provide proof of how you will support your partner financially, as the immigration officer may assess your financial capacity.

Temporary Visas While Awaiting Approval

Your spouse or partner can come to Canada while waiting for approval, but there is no special visa for applicants awaiting a decision on their sponsorship application. Applying for a temporary residence visa may be challenging if there is an ongoing permanent residence application. Applicants must prove to the visa officer that they will leave Canada at the end of the visa validity.

Some applicants may prefer to apply for a temporary visa first and then submit an inland sponsorship application once in Canada. The sponsored spouse can then transition to an open work permit, allowing them to work while the application is processing.

Financial Requirements for Sponsorship

There is no minimum income requirement for spousal sponsorship. However, you must sign an undertaking to provide financial support for the basic needs of your sponsored partner for three years from the day they become a permanent resident.

Leaving Canada During Application Processing

The sponsored person can leave Canada for short periods while their In Canada Sponsorship application is processing. However, it is risky as re-entry may not be guaranteed, especially with potential travel restrictions. Permanent residents must stay in Canada during the processing of a common-law sponsorship application.

Job Offers and Language Proficiency

Your sponsored partner does not need a job offer or demonstrate language proficiency in English or French for the spousal sponsorship application. However, they may need to take a language proficiency exam when applying for Canadian citizenship later.

Required Documents for Sponsorship Application

When applying to sponsor a spouse, you need to submit:

• Completed application forms.
• Proof of status in Canada.
• Identity documents.
• Marriage certificate.
• Police certificates and clearances from all countries your spouse has lived in for six months or longer past the age of 18.
• Medical certificate for your spouse.
• Proof of payment for applicable government fees.
• Digital photo.
• 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 registration of marriage with a government authority.

To demonstrate your relationship, provide at least two of the following:

• Proof of jointly owned property.
• Shared bank accounts.
• Utility bills with both names.
• Copies of government-issued IDs.
• Car insurance.
• Pay stubs or tax forms showing the same address.

Common-Law Relationship Documentation

For common-law sponsorship, provide:

• Relationship Information and Sponsorship Evaluation questionnaire.
• Birth certificates or adoption records for any children.
• Photos showing a conjugal relationship.
• Proof of cohabitation for at least one year.
• At least two of the following:
  • Documents recognizing each other as common-law partners (employment or insurance benefits).
  • Evidence of financial support or shared expenses.
  • Proof that your relationship is recognized by family and friends (letters, emails, social media).

If documents are missing, provide alternative proof and letters of explanation or sworn declarations from family or friends.

Conjugal Relationship Documentation

For conjugal sponsorship, provide evidence of:

• Shared residence.
• Economic support, including joint financial arrangements.
• Recognition by friends and family of the relationship.

Immigration officers will expect to see significant emotional and interpersonal ties demonstrating a serious, committed relationship intended to be long-term.

Reasons a Sponsorship Application is Refused

To be eligible for spousal sponsorship, you need to prove that your relationship is legitimate. Immigration officers will consider various factors based on the nature of your relationship. Some factors include traditional elements, like wedding photos with family members present, while others may be unique to your cultural practices.

Key Considerations:

• Photos of your wedding showing family members in attendance.
• Cultural practices specific to your region.

If your relationship is unconventional, provide additional evidence to prove its genuineness. Letters of explanation can help a visa officer understand why your relationship might not have the same indicators as a more traditional marriage. Note that internet-conducted marriage ceremonies are not accepted for Canadian immigration purposes.

Can I Re-apply if My Spousal Sponsorship Application is Refused?

Yes, you can re-apply if your spousal sponsorship application was refused. Ensure that you address the reasons for refusal by providing new information or documentation in your re-application.

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.

Spousal Sponsorship in Quebec

Sponsoring your spouse to join you in Quebec involves a different process compared to the rest of Canada. Quebec has additional documents and fees required for a thorough review of your sponsorship application.

Understanding the Quebec Sponsorship Process:

• Unique requirements and procedures.
• Additional documentation and fees.