Spousal Sponsorship Canada

Canadian spousal sponsorship is how a Canadian citizen or permanent resident can sponsor their partner to come to Canada and live permanently. In Canada, we know how important it is for families to be together. For this reason, applications for spousal sponsorship are considered a top priority.

Here is everything you need to know 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 in Canada is a component of Canada’s immigration system, enabling Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency in Canada. 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.

First it is important to understand the distinctions between spouse, common-law, and conjugal partner relationships.

Spouse: The sponsored person is legally married to the sponsor.
Common-law Partner: The sponsored person and the sponsor have been living together in a conjugal relationship for at least one year continuously.
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.

All of them have distinct eligibility criteria and documentation requirements for immigration purposes. To delve deeper into the intricacies of these relationship types and gain comprehensive insights into how to apply depending of your relationship type, we invite you to read the full blog article, available here: Difference Between Spouse, Common-Law and Conjugal Partner.

Family Class (Outland) Vs. In Canada Sponsorship Class

The Spousal Sponsorship program comprises two main classes:

1. Family Class (Outland) Sponsorship Class

You should apply under the Family Class (Outland) sponsorship option if:

Your spouse/common-law partner (i.e. “the principal applicant”) lives outside of Canada
You are currently living in Canada with the sponsor but do not plan to stay in Canada for the duration of the application process

A downside to using this stream is that, until your application has been approved, living with your spouse may be difficult. However, your spouse can apply for a temporary visa to come to Canada while their outland sponsorship application is being processed.

2. In Canada Sponsorship Class

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

You live with the sponsor in Canada
You hold a valid immigration status in Canada
You would like to apply for an open work permit in order to work in Canada while the application is in process

If your spouse or common-law partner is out of status in Canada, they may be able to submit under this stream as well while being protected under a public policy that allows them to stay in Canada until the application has been fully processed. The disadvantage to this particular stream, however, is that the applicant should refrain from travel outside of Canada while the application is in process.

Understanding the Process: Spousal Sponsorship in Canada

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

Sponsorship applications take approximately 12 months to process from start to finish. They are typically not processed much faster than 12 months, but they can take longer, depending on the nature of your case.

If you have a complicated case, or the visa office requires additional proof of your relationship, this will delay the processing of your case and it will take longer.

The best way to ensure your 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 helped thousands of spousal sponsorship applications. Find out how Canadim can help bring your loved ones to Canada by taking our free online assessment.

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

Applications for spousal sponsorship may be submitted via mail or by IRCC’s new permanent residence application portal.

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

Your spouse, conjugal partner, or common-law partner may include any accompanying dependent children on their application for permanent residence.

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 listed below. If you are sponsoring your spouse, conjugal partner, or common-law partner and they have dependent children, then an additional $150 payment will be required for each child included in the application.

Sponsorship fee $85

Principal applicant processing fee $545

Right of permanent residence fee $575

Biometrics: $85

Total: $1205

When seeking sponsorship to reside in the province of Quebec, prospective applicants must be aware of the additional documents and fees necessary for the comprehensive review of their applications. Quebec imposes specific requirements beyond the standard sponsorship process, necessitating a thorough understanding of the supplementary documentation and associated fees. To gain insight into the various fees related to spousal sponsorship in Quebec, it is highly recommended to refer to our detailed article, “Spousal Sponsorship in Quebec ” This resource provides comprehensive information, ensuring applicants are well-informed and equipped to navigate the specific obligations and financial considerations associated with the sponsorship process in the province.

Is an interview required for spousal sponsorship?

Immigration interviews are rare for spousal sponsorship cases and are the exception rather than the rule. That said, spousal sponsorship immigration interviews usually occur when there are lack of documents supporting the relationships, contradicting information on the forms vs. documents, age and religious difference, a short period of time between meeting your spouse and marriage, or little 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 prepare your application in the best possible light and minimize any questions they have about the validity of your relationship.

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

As long as 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.

Spousal Sponsorship Process with Canadim

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 agreement will mark the initiation of our collaboration. As a new client, you will receive guidance through the required documentation for the initial stage. Subsequently, CANADIM will prepare your application, handle all essential forms, and manage your submission to Immigration, Refugees, and Citizenship Canada (IRCC).

Finally, we will await IRCC’s decision, determining the approval or denial of your Permanent Residency.

While no consultant or immigration lawyer can guarantee the acquisition of Canadian Permanent Residency through the sponsorship program, choosing CANADIM assures you that you have the support of an experienced, dedicated team that will guide you through every step. We will assist you in building a robust profile and ensure a seamless journey through your spousal sponsorship application process.

start my free sponsorship assessment here

Requirements for Spousal Sponsorship Application

Who can sponsor their spouse, conjugal partner, or common-law partner under the spousal sponsorship program?

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 planning to return to Canada once your spouse or partner becomes a permanent resident of Canada
Are able and willing to provide for the basic financial needs of your spouse or partner for three years (Provide financial support)

What are my ongoing obligations if I sponsor my spouse, conjugal partner, or common-law partner under 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 he 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

Do I need a job to sponsor my spouse, conjugal partner, or common-law partner in Canada?

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, as you are required to sign an undertaking agreement, promising to fulfil the basic financial needs of your partner, the immigration officer may assess whether you have sufficient funds to sponsor. As such, you should provide some proof of how you will support your spouse, conjugal partner, or common-law partner in Canada.

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

Your spouse or partner can come to Canada while you are waiting for approval but there is no special visa for applicants awaiting a decision on their sponsorship application. Some spousal sponsorship applicants may encounter difficulties applying for a temporary visa if they have an application for permanent residence already in process.

Applicants applying for a temporary residence visa 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.

For this reason, applicants may want to apply for a temporary visa and then once together in Canada, submit under the inland sponsorship category. The spouse being sponsored can then transition from their temporary status in Canada to an open work permit that would allow them to work for any employer while their application is processing.

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

Unlike most other forms of Canadian sponsorship, you do not need to demonstrate a minimum amount of 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 processing?

The person being sponsored may leave Canada for short periods of time while awaiting a decision on their In Canada Sponsorship application. However, as residing in Canada in the requirement for In Canada Sponsorship Class, it is risky to leave the country in the case that you are not able to re-enter. This has increasingly become a concern since the COVID-19 pandemic with the frequent implementation of travel restrictions.

Another consideration is if the sponsored spouse has applied for an open work permit and is currently on maintained status in Canada. If this is the case, they will lose their maintained status once they leave Canada and must wait until their work permit application is approved to return.

If you are a permanent resident, you must stay in Canada during the processing of a common-law sponsorship application.

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.

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.

However, your spouse, conjugal partner, or common-law partner will likely need to take a language proficiency exam when later applying for Canadian citizenship.

What documents do I need to submit a spousal, conjugal, or common-law sponsorship application?

When applying to sponsor a spouse, you can expect to submit the following:

Completed application forms;
Proof of status in Canada;
Identity documents;
Marriage certificate;
Police Certificate 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;
Marriage certificate (see common-law if you are not married);
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, you should provide at least two of the following documents:

Proof that you and your spouse own property together
Shared bank accounts,
Utility bills with both of your names,
Copies of government-issued IDs,
Car insurance,
Pay stubs or tax forms that show that you live at the same address

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

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 that demonstrate that you are in a conjugal relationship
Proof that you have lived together for at least one year

And at least two of the following documents:

Documents that indicate 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)

If you can’t provide all the documents outlined above, get creative. 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.

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

Shared residence
Economic support, including joint financial arrangements, shared bank accounts, etc.
Evidence that your friends and family recognize that the two of you are in a relationship

For both conjugal and common-law relationships, there is no legal documentation or a specific point in time that solidifies your commitment to one another. Instead, immigration officers will expect to see evidence of significant emotional and interpersonal ties that demonstrates that you are in a serious, committed relationship with the intention to remain in that relationship long-term.

Reasons a sponsorship application is refused

In order to be eligible for spousal sponsorship of any kind, you need to prove that your relationship is legitimate. There are several factors that are taken into consideration by immigration officers, depending on the nature of your relationship.

Visa officers will consider a range of elements to determine if your relationship is genuine. Some of the elements they will consider are more traditional, like photos of your wedding that show members of your family in attendance. Others can be more unique to the cultural practices of the region.

If your relationship is unconventional, providing additional evidence of the genuineness of your relationship is recommended. Letters of explanation can also help a visa officer understand why your relationship might not have all the same indicators as a more traditional marriage from your cultural background. Be advised that marriage ceremonies that are conducted over the internet are not accepted for Canadian immigration purposes.

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

Can I re-apply if my spousal sponsorship application is refused?

If your spousal sponsorship application was refused, you have the option to re-apply. However, it is very important to address the reason for the refusal in your application with new information or documentation.

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

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.

FAQ

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

Unlike Parent and Grandparent sponsorship, there is no intake cap for spousal sponsorship. Canada continues to accept spousal sponsorship applications throughout the year.

Do I get permanent residence if I marry a Canadian?

No. Simply marrying a Canadian does not automatically give the spouse Canadian permanent residence. Once you are married or in a common-law relationship, you can then apply for a spousal sponsorship. Only after the application for spousal sponsorship is approved, will the married spouse become a Canadian permanent resident.

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

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.

As each application is as unique as the relationship itself, an experienced representative can assist you in preparing the strongest application possible.

If you would like to know more about your options for spousal sponsorship, please contact us.

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Family Sponsorship Assessment

If you want to sponsor your spouse or children, or if you want to be sponsored, we can help! Simply complete our free sponsorship assessment and a member of the Canadim Team will contact you to discuss your options!

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