Canadian Immigration Guide for Couples: Spousal Sponsorship Process and Requirements
As a Canadian citizen or permanent resident, one of the most straightforward and reliable routes to permanent residency (PR) is through spousal sponsorship. This process allows you to sponsor your spouse, common-law, or conjugal partner, as well as their dependent children, for Canadian permanent residency. If you and your partner meet the necessary requirements, your partner can apply directly to the federal government, making the process relatively direct.
For those whose partners are already in Canada, they may even be eligible for a spousal open work permit (SOWP) during the processing of their PR application.
Key Topics Covered:
- Eligibility to Sponsor
- Who You Can Sponsor
- Types of Sponsorship: Inland vs. Outland
- Undertaking Obligations
- Sponsorship Interviews
- Associated Costs and Fees
Eligibility to Sponsor
To qualify as a sponsor under Canada’s spousal sponsorship program, the sponsor (you) must meet the following criteria:
- Age Requirement: You must be at least 18 years old.
- Canadian Status: You must be a Canadian citizen, permanent resident, or a person registered under the Canadian Indian Act.
- Financial Responsibility: You must be able to support the basic needs of your partner and any dependents without relying on social assistance (unless due to a disability).
- Location: If you’re a Canadian citizen living outside Canada, you must demonstrate the intention to move back to Canada to live with your partner once they receive PR status. If you are a permanent resident, you must be residing in Canada to sponsor your partner.
Disqualifying Situations
Certain situations will prevent you from being eligible to sponsor a partner:
- Recent Sponsorship: If you were sponsored yourself and obtained PR less than five years ago, you cannot sponsor another person.
- Outstanding Financial Obligations: If you are still bound by a three-year financial undertaking for a previous partner.
- Bankruptcy or Immigration Loans: If you have declared bankruptcy, or have defaulted on an immigration loan or court-ordered family support payments.
- Criminal Convictions: If you have been convicted of violent crimes or sexual offences, or if you are under a removal order or currently incarcerated.
Special Case for Quebec Residents:
Residents of Quebec must meet the province’s unique requirements for spousal sponsorship. This includes submitting an application both to the Immigration, Refugees and Citizenship Canada (IRCC) and the Ministère de l’immigration, de la francisation et de l’intégration (MIFI). Quebec imposes a 13,000 cap on family sponsorship applications from June 2024 to June 2026, and processing times can range from 34 to 36 months.
Who Can You Sponsor?
As a Canadian citizen or permanent resident, you can sponsor the following:
- Spouse: Legally married partner.
- Common-Law Partner: A partner living with you in a conjugal relationship for at least one year without significant separation.
- Conjugal Partner: A partner who has maintained a conjugal relationship with you for at least one year but cannot marry or live with you due to legal, religious, or immigration barriers (usually from outside Canada).
Eligibility Criteria for Each Relationship Type:
| Relationship Type | Definition | Key Requirements |
|---|---|---|
| Spouse | Legally married partner | Marriage must be recognized both in the country it took place and in Canada. |
| Common-Law Partner | Living together continuously for at least one year | Must demonstrate emotional, financial, and public commitment. |
| Conjugal Partner | Partner unable to live together or marry | Must be from outside Canada and face significant barriers to cohabitation or marriage. |
Two Routes for Spousal Sponsorship: Inland vs. Outland
Inland Sponsorship (Spouse or Common-Law Partner in Canada Class)
If your spouse or partner is already residing in Canada, you may apply for Inland Sponsorship. However, conjugal partners are not eligible for this option.
Key Features:
- Applicant Location: Both sponsor and partner must be in Canada during application processing.
- Temporary Status Requirement: The sponsored partner must maintain valid temporary resident status in Canada, such as visitor status, work permit, or study permit.
- Work Permit Eligibility: The sponsored individual may be eligible to apply for an Open Work Permit (OWP) while awaiting their PR approval.
- Processing Time: Typically 28 months.
- No Appeal Rights: If the application is refused, there is no option to appeal the decision.
Outland Sponsorship (Family Class)
This option is typically used when the sponsored partner resides outside Canada, although Canadian citizens living abroad can also sponsor their partner.
Key Features:
- Applicant Location: The sponsored partner may be living outside Canada.
- Travel Flexibility: Both sponsor and applicant can travel in and out of Canada during the application process.
- Work Permit Eligibility: If the applicant is in Canada, they may also apply for an Open Work Permit (OWP) while their PR application is processed.
- Processing Time: Typically 10 months.
- Appeal Rights: You have the right to appeal if the application is refused.
Sponsorship Undertaking Obligations
When you sponsor your partner, you are legally required to provide for their basic needs (e.g., housing, food, and medical needs) for a certain period.
You must ensure that the person you are sponsoring will not need financial assistance from the Canadian government. If they do, you will be responsible for reimbursing the government.
Length of the Sponsorship Obligation:
| Sponsored Individual | Length of Undertaking |
|---|---|
| Spouse/Common-Law/Conjugal Partner | 3 years from the day they become a permanent resident. |
| Dependent Child (Under 22) | 10 years or until the child turns 25, whichever is first. |
| Dependent Child (Over 22) | 3 years from the day they become a permanent resident. |
Sponsorship Interview
Not every spousal sponsorship application will require an interview. However, you may be asked to attend an interview if the immigration authorities have concerns about the legitimacy of your relationship.
What to Expect at the Interview:
- You and your partner will be interviewed separately, and you must provide consistent and truthful answers about your relationship.
- Common questions may include:
- How did you meet, and what attracted you to each other?
- How do you communicate (email, calls, in-person)?
- Describe the wedding, family events, or shared experiences.
- How do you manage household chores?
- What are your future plans together?
Bring documents such as:
- Marriage certificate
- Communication logs (emails, texts, call histories)
- Photos and videos together
- Proof of cohabitation (if applicable)
Costs and Fees
The total cost to submit a spousal sponsorship application varies based on your unique situation. Below are the key fees involved:
| Fee Type | Amount |
|---|---|
| Sponsorship Fee (spouse, common-law, or conjugal partner) | $85 |
| Principal Applicant Processing Fee | $545 |
| Right of Permanent Residence Fee | $575 |
| Biometrics | $85 |
| Total | $1,290 |
If you’re sponsoring dependent children, an additional $170 is required per child.
Additional costs may include:
- Medical exams
- Police certificates
- Fees for paid representatives (if applicable)
- Quebec residents must pay an extra processing fee to the province.
Navigating the Canadian spousal sponsorship process can be complex, but by understanding the requirements and preparing thoroughly, you can ensure a smoother application experience. Whether you’re applying inland or outland, make sure to carefully follow all steps and provide all necessary documentation to support the validity of your relationship.
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
