sponsoring a spouse or partner

Find out about common-Law and sponsoring a spouse or partner for immigration to Canada in this canadaprconsultants.com guide. Includes contacts you can speak to for help.

Canadian citizens and permanent residents may sponsor their sponsoring a spouse or partner for immigration to Canada. If successful, the sponsored person obtains permanent resident status, allowing the couple (or family, if applicable) to build their lives in Canada.

September, 2020 update: Immigration, Refugees and Citizenship Canada (IRCC) has increased the number of decision makers on spousal applications in Canada by 66%, to process spousal applications more quickly and reduce couples’ wait times. The common-law / spousal sponsorship Canada immigration program is a part of the Family Class category, through which Canada welcomes a substantial number of new permanent residents annually.

If you are interested in this pathway to permanent residence, either as the sponsor or sponsored person, there is much to consider. Important considerations include:

What is your civil status?
Are you living in the same location at the time of the application?
Is the sponsor a Canadian citizen, or is the sponsor a permanent resident?

Both the sponsor and sponsored person must be approved by Immigration, Refugees and Citizenship Canada (IRCC) in order for the sponsored person to receive Canadian permanent residence.

Please note that if you reside in the province of Quebec, you must also satisfy .

CANADA PR CONSULTANTS

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Who can sponsor their spouse in Canada?

You can sponsor your sponsoring a spouse or partner for Canadian immigration if you are:

at least 18 years old;
a Canadian citizen, a permanent resident living in Canada, or a person registered in Canada as an Indian under the Canadian Indian Act;
able to prove that you are not receiving social assistance for reasons other than a disability; and
have enough income to provide for basic needs of any grandchildren (dependent children of a dependent child) of the principal applicant.

If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your spouse or partner becomes a permanent resident. You can’t sponsor someone if you are a permanent resident living outside Canada.

Some other things to note:

If you reside in the province of Quebec, you must also satisfy Quebec’s additional requirements.
If you were sponsored by a spouse or partner, you may not be a sponsor yourself until five years have passed since you became a permanent resident.
The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
You can sponsor your spouse, common-law partner or conjugal partner if he or she is at least 18 years old and your relationship is genuine (real) and wasn’t entered into for the purpose of obtaining immigrant status in Canada.

Who counts as a spouse for spousal sponsorship in Canada?

For spousal sponsorship in Canada, a spouse is a partner with whom you are legally married. This includes both opposite- and same-sex relationships.

Who counts as a common-law partner for common-law sponsorship in Canada?

For common-law sponsorship in Canada, a common-law partner isn’t legally married to you, but has been living with you for at least 12 consecutive months, meaning:

you have been living together continuously for one year, without any long periods apart;
if either of you left your home it was for family obligations or work or business travel; and
any time spent away from each other must have been short and temporary.

The definition of common-law partner includes both opposite- and same-sex relationships.

Who counts as a conjugal sponsoring a spouse or partner in Canada?

For spousal sponsorship in Canada, a conjugal partner is a person outside Canada who has had a binding relationship with you for at least one year, but could not, for some reason(s), live with you. Individuals living in Canada are not eligible to be sponsored as conjugal partners.

Spousal Sponsorship Canada: Understanding Inland and Outland

Two terms are commonly used to describe the types of application that may be submitted: Outland sponsorship, and Inland sponsorship. Though these terms are rarely, if ever, used by IRCC, they are nonetheless terms that applicants, representatives, and other stakeholders often use.

If the sponsored person resides outside Canada, the application for permanent residence must be submitted to IRCC’s Case Processing Centre in Sydney, Nova Scotia. This is referred to as Outland sponsorship.

Inland sponsorship may be pursued when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. Inland applications must be submitted to IRCC’s Case Processing Centre in Mississauga, Ontario.

Under Inland sponsorship, the sponsored person may be eligible for an open work permit, allowing him or her to work in Canada while the application is being processed. This open work permit initiative first began as a pilot program in 2014, and has then been extended every year since after it became clear that it helped families across Canada. In July, 2020 IRCC announced the extension of this open work permit program with a view to making it a permanent policy, meaning that Inland applicants can continue to benefit from this work permit.

Find out more about work permits for sponsored spouses and partners, including how and where to apply for a work permit.

Applicants residing in Canada may choose to pursue Outland sponsorship, even though they reside in Canada (therefore also making Inland sponsorship an option). A potential advantage to the Outland pathway is that in some cases the processing time may be shorter. However, IRCC has taken steps to reduce processing times in the spousal/common-law sponsorship program, particularly Inland sponsorship applications, thereby making Inland sponsorship more attractive than before, particularly as this pathway includes the possibility of the sponsored person being allowed to work in Canada before processing of the sponsorship application has been completed.

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How long does it take for spousal sponsorship in Canada?

The spouse or partner sponsorship process usually takes approximately one year to gain final approval. The processing time is dependent on the workload that the visa or immigration office is experiencing, as well as how complete the application is. Learn More

SPONSOR REQUIREMENTS

In order to sponsor a partner, you:

●Must be at least 18 years old.

●Must be a permanent resident of Canada.

●Cannot have sponsored a spouse within the last five years.

●Must sign a financial agreement stating that you will be financially responsible for your spouse for a period of three years.

●Must not be under a removal order.

●Must not be in prison.

●Must not have been convicted of any sexual crime.

●Must not have been convicted of a violent crime that carries a punishment of more than 10 years imprisonment.

●Must not have been convicted of a crime that involves bodily harm to a relative or partner.

●Must not have defaulted on a previous sponsorship.

●Must not be in default of any court-ordered support payments.

●Must not have an undischarged bankruptcy.

●Must not be a recipient of social assistance other than for a disability.

CATEGORIES OF SPOUSAL AND PARTNER SPONSORSHIPS

Partner relationships are defined in several ways in relation to the immigration process.

These are:

●A marital relationship.

The marriage will be recognized by Canadian immigration authorities as long as the marriage was legally performed in any country and it is consistent with the laws of Canada. A valid certificate of marriage will need to be supplied for verification.

●Common-law partnership.

A common-law partnership constitutes two adults who have been living together in a marriage-like relationship continuously for one year. This relationship has the same legality as a traditional marriage in terms of immigration. The sponsorship process for a common-law partnership is more complicated because evidence must be provided in the form of shared bills or a lease or rental agreement with the names of both parties.

●Conjugal partner relationship.

A conjugal partnership describes two adults who have been in a marriage-like relationship but whom circumstances have not allowed to live together continuously for one year. In terms of immigration, the difficulty in this type of relationship is proving that the relationship is truly marriage-like. It’s also necessary to give a valid enough reason as to why residing together has not been an option. This will only be considered if there are real reasons the couple cannot live together and is not merely based on convenience. Authorities will need to see proof that the coupling is not a sham for the purpose of Canadian citizenship.

Do you need a job offer to sponsor your spouse in Canada?

No, you do not need a job offer to sponsor your spouse in Canada (or common-law partner, or conjugal partner).

How much does it cost for spousal sponsorship in Canada?

It costs CAD$1,050 to sponsor your spouse for Canadian immigration (the same for common-law partners and conjugal partners). This amount only includes mandatory immigration fees:

CAD$75 – Sponsorship Fee
CAD$475 – Processing Fee
CAD$500 – Right of Permanent Residence Fee

You should expect other costs related to the immigration process, including costs related to obtaining documents, postage, and the services of an immigration representative (if you choose to work with one).

How much income do you need to sponsor your spouse in Canada?

In most cases of spousal sponsorship in Canada, you do not have to meet a minimum level of income in order to sponsor your spouse, common-law partner, or conjugal partner. You do, however, have to sign an undertaking agreeing to provide for the basic financial needs of the person you sponsor, usually for a period of three years.

During this period, you must ensure the person you sponsor has access to the following basic needs:

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.

If the person you are sponsoring receives social assistance from the Canadian government during the period of your undertaking, you will be financially liable for this assistance.

Please note: If you are sponsoring a spouse who has dependent children, and one of those dependent children has dependent children of their own, in this case you must meet a minimum level of income.

What is the process for sponsoring my spouse for Canadian immigration?

In order to sponsor your spouse, common-law partner, or conjugal partner for Canadian immigration, you have to follow a multistep process.

Step One: Determine your eligibility. Check the eligibility of both yourself and your spouse (or common-law partner, or conjugal partner) against the IRCC eligibility requirements.
Step Two: Access your personalized document checklist. Using this IRCC tool, input the details relating to your sponsorship application. This will automatically generate an application kit and document checklist for your situation.
Step Three: Following the instructions in your application guide and using the documents listed on your document checklist, gather and prepare all necessary forms and supporting documents.
Step Four: Double-check everything. Canadian immigration applications are complex and even a single missing document can be grounds for refusal. Ensure that you have included every bit of information required. You may want to consider working with a Regulated Canadian Immigration Consultant at this stage, if you’d like to have a professional look over your application.
Step Five: Submit your application for processing. Canadian spousal sponsorship applications are paper-based applications. This means that you must gather all of your required forms and documents in hard copy and mail them to the appropriate IRCC office. Once you submit, it will take approximately 12 months to receive a decision on your case.

If you would like help with your spousal sponsorship application, we recommend a handful of experienced Canadian immigration consultants.

Which documents are needed for Canadian spousal sponsorship?

In order to sponsor your spouse, common-law partner, or conjugal partner for Canadian immigration, you will have to submit a complex application with documents specific to your situation. Once you have determined you are interested in sponsoring your spouse, you can use this IRCC tool to enter your personal details and receive an application kit and document checklist personalized to fit your details.

Your exact document requirements will depend on your situation. Ensure that you follow the requirements you receive from IRCC. Any deviation from IRCC’s requirements could cause your application to be refused.

Documents you should anticipate submitting as a part of your Canadian spousal sponsorship application include (but are not limited to):

Mandatory immigration forms from IRCC
Proof of identity
Proof of status in Canada
Proof of relationship
Proof of previous relationships
Additional family information and documents
Police certificates
Medical examination (submitted after processing)

Getting help with the common-law / spousal sponsorship Canada immigration process

Even if you are married, there is no guarantee that IRCC will accept your common-law partner / spousal sponsorship Canada immigration application. The application includes various forms and extensive documentation, including material that shows the ongoing strength of the relationship.

If you would like to book a consultation with a qualified, experienced immigration consultant before proceeding with the application, Moving2Canada can facilitate a booking with ease. Visit our Book an Immigration Consultant page for our list of recommended experts.