Spousal sponsorship for immigration to Canada
Spousal sponsorship is an important part of Canada’s immigration system.
Where a candidate is a Canadian citizen or permanent resident, they may sponsor their spouse, common-law partner or conjugal partner to become a Canadian permanent resident.
The Canadian government aims to decide spousal sponsorship applications within 12 months.
Contents
Overview of spousal sponsorship
The Canadian government allows Canadian citizens and permanent residents in a relationship with a foreign national to sponsor that person to live with them and become a Canadian permanent resident.
You may sponsor your spouse, common-law partner or conjugal partner. There are 2 main options when sponsoring:
Theo Immigration Levels Plan, Canada aims to welcome more than 400,000 new immigrants each year. Around 60% of that target is for skilled workers in the economic class, followed by family class immigrants and refugees. Among family class immigrants, Canada aims to welcome around 80,000 people a year under the spouse and children category.
Considering a residency programme? The Prosperous Living Investment team assesses your profile free of charge and advises on the pathway that fits your goals.
Sponsorship conditions
You may be a sponsor if:
- You are aged 18 or over.
- You are a Canadian citizen, a permanent resident living in Canada, or a person registered under Canada’s Indian Act.
- You live in Canada, or are a Canadian citizen intending to return to the country.
- You are not receiving social assistance for any reason other than disability.
- You can provide the basic needs of yourself, your spouse or partner and, where applicable, your dependent children.
As a sponsor, you must:
- Be able to support your spouse financially.
- Ensure that they will not need social assistance from the government.
Sponsorship requirements
Spousal sponsorship in Canada involves an undertaking to provide financial support to the sponsored person, including any dependent children. As a sponsor, you must sign an undertaking to provide the sponsored person’s basic needs.
These basic needs include:
- Housing, including utility bills.
- Food and personal hygiene products.
- Clothing and other items needed for daily life.
- Medical costs not covered by public health insurance, such as dental and eye care.
Your obligations as a sponsor begin when the undertaking takes effect. The undertaking runs for 3 years from the date your spouse, common-law partner or conjugal partner becomes a permanent resident.
You cannot cancel or withdraw the undertaking, even where your personal or financial circumstances change, once the sponsorship Application for Permanent Residence (APR) has beenImmigration, Refugees and Citizenship Canada (IRCC)approved.
Income for sponsorship
There is no specific minimum income requirement in order to sponsor a spouse to Canada.
The financial requirements for spousal sponsorship are, however, as follows:
- You must demonstrate that you have sufficient income or assets to support your spouse or partner when they arrive in Canada.
- You must not be receiving income support from any province or be going through bankruptcy.
If you are receiving Employment Insurance benefits or disability benefits, you may still sponsor your spouse, common-law partner or conjugal partner.
The cost of spousal sponsorship
| Fee | Amount (CAD) |
|---|---|
| The sponsorship fee | $85 |
| The principal applicant’s processing fee | $545 |
| The Right of Permanent Residence Fee | $575 |
| Biometrics (fingerprints and photograph) | $85 |
| Total | $1,290 |
Where you sponsor a spouse or common-law partner who has dependent children, a further $150 is payable for each child included in the application.
Where the sponsor resides in Quebec, or intends to reside in Quebec when permanent residence is granted, a further fee of CAD 289 applies.
Who may be sponsored
To obtain a visa under this immigration programme, you and your foreign spouse or common-law partner must demonstrate that you are in a genuine relationship falling within 1 of the following 3 categories:
- Spouse:You are lawfully married.
- Common-law partner:You live, or have lived, with your partner for at least 12 continuous months in a marriage-like relationship.
- Conjugal partner:You must have maintained a continuous and committed relationship for at least 12 months but face significant obstacles preventing you from living together (such as cultural, religious or immigration barriers).
The sponsored person must:
- Be aged 18 or over.
- Pass all background, security and medical checks.
Both the Canadian citizen or permanent resident and the foreign national must be approved by Immigration, Refugees and Citizenship Canada (IRCC) before the sponsored person can receive a visa.
Canada recognises same-sex marriages and relationships, and your spouse or partner may be eligible to apply under one of the three categories above, provided both parties meet all the eligibility criteria. Where you are married and the ceremony took place outside Canada, it must be lawfully recognised in the country where it took place.
Evidencing the relationship
To evidence the duration and nature of the relationship, you will need to submit documents such as:
- The relationship information and sponsorship evaluation questionnaire.
- Birth certificates, a marriage certificate, or adoption records for any children you and your common-law partner have together.
- Photographs of you and your common-law partner showing your relationship.
- Documents showing that you are recognised as one another’s common-law partner, such as employment benefits or insurance.
- Evidence of shared expenses between you and your partner.
- Evidence of your relationship (letters, emails, social media).
Where there is any indication that your relationship is not genuine, the sponsorship Application for Permanent Residence (APR) will not be accepted.
The process
Before beginning the application process, make sure you and your loved one meet all the required criteria.
The application process requires you to submit the following 2 applications at the same time:
- The application to sponsor your spouse or partner.
- The Application for Permanent Residence (APR) for your spouse or partner.
Submitting a spousal sponsorship application is a 4-step process:
- Step 1:Downloadthe application package from the government website; it contains the guide and forms that will help you complete the process correctly.
- Step 2:Pay the application fees online, including:
- The processing fee for everyone included in the application.
- The right of permanent residence fee.
- The biometrics fee.
- Any other third-party fees (where applicable).
- Step 3:Submit your application following the submission instructions given in the guide you downloaded.
- Step 4:Submit the required supporting documents when requested.
Where to submit the application
In general, spousal or partner sponsorship Applications for Permanent Residence (APR) may be submitted outside Canada at a visa office abroad, or in Canada at a local immigration office.
A sponsorship Application for Permanent Residence (APR) for a conjugal partner may be submitted only through the outside-Canada process.
An interview with the sponsor and the sponsored person is necessary only where the information is considered unreliable, and is at the discretion of the visa officer assessing your application.
Processing times
The standard processing time for a sponsorship Application for Permanent Residence (APR) is 12 months.
What is the difference between applying inside and outside Canada?
Couples have 2 options when applying:
Outland Sponsorship
A detailed article aboutSpousal sponsorship from outside Canada.
In general, sponsorship Applications for Permanent Residence (APR) for a foreign spouse or partner are submitted where the sponsored person lives abroad and the Canadian sponsor resides in Canada.
The foreign spouse or partner may be permitted to enter and leave Canada throughout the processing of the application, provided they come from a visa-exempt country or hold an appropriate Canadian visa. The Canadian spouse or partner, for their part, must remain in Canada while the application is being processed.
Applications from outside Canada are processed by the visa office serving the applicant’s country of origin, or the country in which the applicant has lawfully resided for at least 1 year.
Inland Sponsorship
A detailed article aboutSpousal sponsorship within Canada.
To submit a sponsorship Application for Permanent Residence (APR) under this category, both spouses need to be living together in Canada, and the foreign spouse or partner must hold temporary status in Canada as a worker, international student or visitor.
The sponsor and the sponsored person must live together in Canada throughout the processing of the application. This type of sponsorship Application for Permanent Residence (APR) is submitted in Canada.
A foreign spouse who is in Canada with valid temporary status may apply for anOpen Work Permit (OWP)while their Inland sponsorship Application for Permanent Residence (APR) is being processed, allowing them to work for any Canadian employer. This measure is intended to ease the financial hardship that may arise because processing times can be lengthy.
Reasons for refusal
Below are some of the main reasons your Application for Permanent Residence (APR) under the spousal sponsorship programme may be refused:
- You did not provide sufficient evidence of the relationship to demonstrate that it is genuine.
- There are errors in the Canadian spousal sponsorship forms.
- There is a misrepresentation in your Application for Permanent Residence (APR).
- You cannot meet the basic requirements for spousal sponsorship.
- You or your partner are inadmissible to Canada because of a criminal record or because you pose a risk to Canadian society.
Frequently asked questions (FAQ)
Yes — a foreign national may come and stay with their Canadian spouse or partner while their application is being processed. There is, however, no special visa or status for spouses with an application in process.
In addition, having a pending permanent residence (PR) application may complicate the process of obtaining aTemporary Resident Visa (TRV)because an officer may take the view that the applicant intends to remain in Canada permanently before the immigration process is complete.
For this reason, it may be advisable to obtain a temporary visa first and then submit an Inland spousal sponsorship application once the applicant is in Canada. By following this route, the applicant may also move from temporary status in Canada to an open work permit, allowing them to work for any employer while their application is being processed.
Canada has a programme allowing the spouses and common-law partners of Canadian citizens or permanent residents to receive anOpen Work Permitwhile their Inland permanent residence (PR) sponsorship application is being processed. To be issued an open work permit, the applicant must:
- Meet all the eligibility requirements for spousal or common-law partner sponsorship; the applicant’s spouse must also meet all the eligibility requirements.
- Have applied under the Spousal/Common-Law Partner Sponsorship Programme.
- Live at the same address as the sponsor (the spouse/common-law partner).
- Hold valid temporary resident status (as a visitor, student or worker).
Yes, provided they maintain their lawful status. Temporary resident status is valid for a specified period, and the applicant must ensure their temporary resident status remains valid while in Canada.
Where the applicant wishes to remain in Canada longer, they must apply for a Visitor Record, a document granting visitor status and allowing the applicant to remain longer. The applicant must apply for a Visitor Record before their current status expires.
It is possible to leave Canada while the applicant’s application is being processed by IRCC. Where the applicant wishes to return to Canada, however, they will need to comply with the admissibility rules and provide:
- A valid visa orElectronic Travel Authorisation (eTA)(where applicable).
- A valid passport and travel documents.
- A valid work permit or study permit (where applicable).
Both options usually take around a year to process, but there are some important differences:
- Trong Canada (Inland): one of the advantages of applying Inland is that the applicant’s spouse may apply for an open work permit while the applications are still being processed. It takes around 4 months to receive an open work permit. This permit allows them to work and be employed in almost any field in Canada during that waiting period.
- Outland: the applicant may apply Outland even where their partner is in Canada. This option may be best where the applicant’s partner can come to Canada but cannot remain in the country throughout the processing of the application for work or personal reasons.
The province of Quebec has its own criteria for spousal sponsorship and its own undertaking application. Where an applicant applies from Quebec, they will need to apply both to Immigration, Refugees and Citizenship Canada (IRCC) and to Quebec’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).
MIFI considers the following factors:
- The financial criteria for sponsoring an immigrant intending to live in Quebec.
- Whether the sponsor is receiving social assistance.
- Whether the sponsor has failed to meet a previous Quebec undertaking or support payments.
- The length of the undertaking.
- An undischarged bankruptcy.
MIFI then refuses or approves the applicant’s undertaking application.
Where the applicant’s sponsorship application is approved in Quebec, the sponsored person receives aThe Quebec Selection Certificate (CSQ)and IRCC then makes a decision on the permanent residence (PR) application.
Where an applicant is a temporary resident — that is, visiting, studying or working in Canada on a visa or permit — they cannot sponsor their spouse or partner to Canada. Only permanent residents and Canadian citizens are eligible to apply under Canada’s sponsorship programmes.
Below are some of the topics and possible questions an applicant may be asked at the interview:
- How will the applicant divide household chores?
- Describe the applicant’s relationship and how the two of them met (for example, where they met, how long they have been together and so on).
- Describe the occupation, education, professional qualifications and work experience of the applicant’s spouse.
- Describe the applicant’s proposal and engagement ring, and where it was bought.
- Describe the financial situation of the applicant’s partner (income, savings).
- What are the applicant’s personal interests, future plans and daily activities?
- What is the applicant’s partner’s favourite food?
- Does the applicant’s partner have any medical conditions?
- How will the applicant divide household chores?
The applicant’s spouse or partner must be at least 18 to be eligible under spousal sponsorship.
Yes. The applicant may add a request to include dependent children in their application. This will, however, mean the application takes longer to process.
There is a 5-year sponsorship bar for anyone who has been sponsored as a spouse, conjugal partner or common-law partner. This means the applicant cannot sponsor a new spouse or common-law partner within the first 5 years of becoming a permanent resident, even where the applicant has left their sponsor and has since remarried.
For an applicant to sponsor another spouse — after a separation or divorce, for example — they must wait until the end of the 3-year undertaking period. Once that period has passed, the applicant will be able to sponsor a new spouse.
No. To obtain permanent residence (PR) or hold aCanadian citizenship, the applicant must go through the formal immigration process and follow the same steps and meet the same eligibility requirements as everyone else.
Where an applicant is now a Canadian permanent resident through sponsorship by a spouse or common-law partner and is no longer with their sponsor, they do not necessarily have to leave Canada. Once an applicant has been granted permanent resident status, they cannot be removed or stripped of that status on the ground that the relationship did not last. Their status may, however, be investigated.
On the other hand, where the applicant and their spouse separate or divorce before the end of the 3-year undertaking period, the applicant’s spouse remains bound by the undertaking they signed when sponsoring the applicant. This includes having to repay the Canadian government any social assistance benefits the applicant may receive during the undertaking period.
Below are some documents that may be presented as evidence of a common-law relationship:
- Letters, emails and the like.
- Joint ownership of residential property.
- A tenancy agreement or joint rental agreement.
- Bills for joint utility accounts (for example, gas, electricity, telephone).
- Insurance policies in both names.
- Photo.
Canada treats family reunification as a top priority, particularly applications under the spousal sponsorship programme. The Canadian government continues to take steps to help reduce the backlog and processing times for spousal sponsorship applications.
An immigration applicant convicted in their own country of an offence that is also punishable in Canada will not be permitted lawful immigration status.
Inadmissibility to Canadamay result from what appear to be minor offences, such as theft or drink-driving. In Canada, however, a convicted person may have their conviction expunged or be deemed rehabilitated where the offence was committed long ago.
To change the applicant’s application, whether from Inland to Outland or the other way round, the applicant will need to withdraw the application submitted and resubmit a new one in the other form.
No. IRCC does not recognise marriages conducted abroad by proxy, by telephone, over the internet, or other forms of marriage in which both people were not physically present at the ceremony.
Spousal sponsorship applications may be appealed to the Immigration Appeal Division (IAD).
The applicant has 30 days after receiving the refusal letter to appeal to the IAD.
The applicant should be prepared to attend a hearing, at which they will be able to present new evidence in support of their case, call witnesses to support their position, and be legally represented. The IAD decides whether the refusal was lawfully made and whether that decision should be overturned.
Where the refusal is overturned, the applicant’s case is sent back for reconsideration with reference to the new decision. Where the refusal is upheld, the applicant may appeal the IAD’s decision to the federal court, which may take 6–12 months.
The applicant may withdraw their sponsorship application provided the sponsored person has not yet become a Canadian permanent resident. The applicant may also be refunded the application fee where IRCC has not yet begun processing their application.
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