As a Canadian citizen or permanent resident, you can sponsor your spouse, common-law, or conjugal partner (“partner”) for Canadian permanent residency. Provided that you and your partner meet the requirements, your partner can apply directly to the federal government for permanent residency, making spousal sponsorship one of the more direct and sure-fire routes to PR. You can also sponsor your partner’s dependent children.
If your partner is in Canada, they may be eligible for a spousal open work permit (SOWP) while their PR application is being processed.
Who is eligible to be a sponsor
To qualify as a sponsor for your partner under Canada’s spousal sponsorship program, you must:
- Be at least 18 years old
- Be a Canadian citizen, permanent resident, or person registered under the Canadian Indian Act
- Be able to provide for the basic needs of your family
- Not be receiving social assistance for reasons other than a disability
If you’re a permanent resident, you must also be within Canada. If you’re a Canadian citizen living outside Canada, you must demonstrate that you’ll move to Canada to live with your partner once they get PR.
In addition to meeting the above criteria, you must also not be in any disqualifying situations.
Disqualifying situations
You may be barred from sponsoring your spouse, partner, and any dependents if you:
- Were sponsored by a partner and gained permanent resident status less than five years ago
- Are still bound by a three-year financial undertaking to support a previous partner
- Have defaulted on an immigration loan, court-ordered family support payments, or other financial obligations outlined in a previous sponsorship agreement
- Have been convicted of a violent crime or sexual offence
- Are under a removal order
- Are currently in jail or prison
Residents of Quebec
Residents of Quebec must meet the province’s specific sponsorship requirements, including submitting an application to both IRCC and the Ministère de l’immigration, de la francisation et de l’intégration (MIFI). Quebec also imposes a distinct income assessment and undertaking commitments for sponsors.
Note: As of June 26, 2024, the MIFI has imposed a 13,000 cap on family sponsorship applications, which remains in effect until June 25, 2026.
Whom you are allowed to sponsor
As a Canadian citizen or permanent resident, you can sponsor your spouse, common-law partner, conjugal partner, and their dependent children (if applicable). Your partner must be at least 18 years of age and admissible to Canada.
Spouses
Your marriage must be legally recognized in both the country where it took place and in Canada. Proxy, telephone, email, internet, or self-uniting marriages are not valid for immigration purposes.
Common-law relationships
To sponsor a common-law partner, you must demonstrate a significant degree of commitment and show that you have lived together for at least 12 consecutive months.
Conjugal partners
Conjugal partners are those unable to live together or marry due to legal, cultural, or religious barriers. This category is typically used for couples who face immigration or social obstacles that prevent them from living together.
The two forms of spousal sponsorship
Spousal sponsorship can be pursued through two routes:
- Inland sponsorship: For couples already living together in Canada. The sponsored partner may apply for an open work permit while awaiting the PR decision.
- Outland sponsorship: For partners living outside Canada. Outland sponsorship allows for travel in and out of Canada during processing.
Your undertaking obligation
Sponsors commit to financially supporting their partner for three years after they obtain PR. If you sponsor your partner, you are responsible for their basic needs (e.g., food, shelter, clothing) during this time.
What to expect during the sponsorship interview
In some cases, IRCC may require you and your partner to attend a sponsorship interview. The interview is designed to verify the authenticity of your relationship and ensure the application is not fraudulent.
Costs associated with spousal sponsorship
The costs to sponsor your partner include application fees, medical exams, and biometrics. As of the time of writing, the basic application fee for spousal sponsorship is CAD 1,080. Additional fees may apply for dependent children and other requirements like the open work permit.
The processing time for inland sponsorship applications is approximately 28 months, while outland sponsorship typically takes around 12 months.
Ready to reunite with your loved one? Contact us at Kingsbridge Immigration to get started on your spousal sponsorship application today!