Spousal Sponsorship in Canada

If your spousal sponsorship application was refused under the Family Class “outland” category, you have the right to appeal the decision or to 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.

If the visa officer refuses your spousal sponsorship application, 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 to clarify or correct 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.

Yes, you can withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada.

You submit your spousal sponsorship application through the IRCC Permanent Residence Portal. If you are unable to apply online and require accommodations, such as a disability-related accommodation, 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.

Yes, your spouse or common-law partner may include any dependent children on their application. The dependent must be under 22, unmarried, and not in a common-law relationship. In certain circumstances, dependents over 22 years may qualify.

It’s unlikely, but possible. 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 light and address any concerns or doubts about the genuineness of your relationship.

Likely yes. 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.

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 partner does not require social assistance 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. Your financial obligation will stay in effect even if: Your partner becomes a Canadian citizen; Your relationship ends; Your partner moves to another country or province; You experience financial problems.

Yes, if they are granted authorization. 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 that they will leave at the end of the visa’s validity. Having an application for permanent residence can raise a visa officer’s doubts about whether the applicant intends to leave at the end of their visa.

Yes, you do not need a job to sponsor your 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 partner in Canada.

No.

You do not need to demonstrate a minimum income to sponsor a 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 undertaking lasts three years from the day the sponsored individual becomes a Canadian permanent resident.

Yes, but it’s risky. Since residing in Canada is a requirement for Inland sponsorship, leaving the country could jeopardize your application if you are not permitted to re-enter. A Canada Border Services Agency (CBSA) officer has the 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 border officer makes the final decision at the port of entry. Another consideration is whether 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 should wait for their work permit application to be approved. If you are a Canadian permanent resident sponsoring your spouse, you must be and remain in Canada while a spousal sponsorship application is being processed.

No, your sponsored spouse, conjugal partner, or common-law partner is not required to demonstrate their proficiency in English or French.

Yes, there is an annual immigration quota that Canada must respect. For 2026, this number is 69,000; for 2027 and 2028, it is 66,000 per year. It is important to note that if you are considering settling in the province of Quebec, there is a limited quota on the number of sponsorship applications they will accept.

No. Marrying a Canadian does not automatically grant 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.

Yes, in some circumstances, but you will need to provide additional documentation. 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 the beginning of a common-law relationship; An official separation agreement; A court order in respect to the custody of children (if applicable); Documents showing the removal of the legally married spouse from insurance policies or wills.

Yes, provided you meet certain conditions. A common-law couple living separately due to extenuating circumstances, such as a family emergency, hostile country conditions, or employment or education-related reasons, may still be eligible for sponsorship. 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.

Yes. Canada recognizes same-sex marriages and relationships, and you can submit a sponsorship application as long as you meet the eligibility criteria. Please note that for immigration Canada to recognize a foreign marriage, the country where it took place must also recognize it.

There is no required length of time you must have been married before submitting the application. As soon as you have obtained the marriage certificate and meet the eligibility requirements, you can submit the application.

Yes, if you are a Canadian citizen. A 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 sponsor a family member.

Yes, but additional documentation will likely be required. There is a specific list of documents that you must submit 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.

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 immigration authorities may accept.

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, typically considered the first stage of sponsorship approval. The second stage begins when the principal applicant meets the eligibility requirements, and an Approval in Principle is issued. However, criminal and medical checks still need to be completed at this stage.

No, you do not need to retain a lawyer to apply for spousal sponsorship. However, there are key benefits of working with a lawyer for your case, including: expert guidance, increased chances of success, time and stress savings, personalized attention and peace of mind.

You must contact the IRCC of any change in circumstances, such as: Birth or adoption of children; Marriage, divorce, or separation; Death of an applicant or dependent.

It depends on the seriousness of the criminality. If your conviction is for an offence of a sexual or violent nature, you may not be eligible to sponsor. A full list of offences that could lead to a sponsorship bar is available on the IRCC website here.

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

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.

Yes. When planning to sponsor your spouse to join you in Quebec, it’s crucial to note that the sponsorship process differs from the rest of the country. We invite you to explore our page on Quebec spousal sponsorship, which provides valuable insights to help you be well-prepared and informed for a seamless sponsorship process.