A Complete Guide to Spousal Sponsorship for Canadian Immigration

If you are a Canadian citizen or permanent resident, you may be eligible to sponsor your spouse, common-law partner, or conjugal partner for Canadian permanent residency. This process is a direct route to obtaining permanent residency (PR) for your partner, and it may also extend to their dependent children.

In some cases, if your partner is already in Canada, they might be eligible for a spousal open work permit (SOWP) while their PR application is processed. This guide will walk you through the key steps, eligibility criteria, and costs associated with spousal sponsorship.

Who Can You Sponsor?

As a Canadian citizen or permanent resident, you can sponsor:

• Your spouse (legally married partner).
• Your common-law partner (living together for at least one year).
• Your conjugal partner (unable to live together due to legal or immigration restrictions).
• Your partner’s dependent children (under 22 years old or otherwise qualifying based on dependency status).

Your partner must meet certain criteria, including being at least 18 years old and admissible to Canada. They will need to submit the necessary forms, documents, and may have to undergo medical exams or provide biometric data.

Are You Eligible to Be a Sponsor?

To sponsor your partner, you must:

• Be at least 18 years old.
• Be a Canadian citizen, permanent resident, or someone registered under the Canadian Indian Act.
• Be able to financially support your family.
• Not be receiving social assistance (except for disability reasons).

If you're a permanent resident, you must be residing in Canada. If you are a Canadian citizen living abroad, you must show your intent to return to Canada with your partner once they obtain PR.

Disqualifying Situations

You cannot sponsor your partner if:

• You were sponsored yourself and gained permanent residency less than five years ago.
• You are still bound by a financial undertaking from sponsoring a previous partner.
• You are bankrupt or have defaulted on immigration loans.
• You have a criminal record involving violence or sexual offenses.
• You are under a removal order or incarcerated.

Spousal Sponsorship for Quebec Residents

If you live in Quebec, there are additional steps and specific requirements to meet. You will need to submit your application to both Immigration, Refugees, and Citizenship Canada (IRCC) and the Ministère de l'immigration, de la francisation et de l'intégration (MIFI). Quebec has a cap on family sponsorship applications, with a limit of 13,000 for the 2024-2026 period. After reaching this cap, applications will not be processed.

The processing time for Quebec applicants ranges from 34 to 36 months.

Types of Relationships You Can Sponsor

1. Spouse: Legally married to you, with the marriage recognized in both the country where it took place and Canada. Proxy marriages are not accepted.
2. Common-law Partner: Living together continuously for at least one year, sharing financial and emotional support, and presenting as a couple publicly.
3. Conjugal Partner: A couple in a committed relationship for at least one year but unable to marry or live together due to legal, religious, or immigration barriers.

Inland vs. Outland Sponsorship

There are two ways to apply for spousal sponsorship:

• Inland Sponsorship (Spouse or Common-law Partner in Canada): If your partner is already in Canada, you can apply under this class. However, your partner must remain in Canada while the application is processed. Citizens have the option to apply through outland sponsorship even while living together in Canada.
• Outland Sponsorship (Family Class): If your partner lives outside Canada or if you're a Canadian citizen living abroad, you can apply under this category. This allows both partners to travel in and out of Canada while the application is processed. If the application is denied, you can appeal the decision.

Processing Times

• Inland Sponsorship: Approximately 28 months.
• Outland Sponsorship: Around 10 months.

Your Responsibilities as a Sponsor

When you sponsor your partner, you agree to financially support them for a specific period. This obligation remains even if your relationship ends or your partner becomes a Canadian citizen. The length of your undertaking varies:

• Spouse/Common-law partner: 3 years.
• Dependent children: 10 years or until they turn 25, whichever comes first.

If you fail to meet your financial obligations, you may be required to repay any financial assistance your sponsored partner receives from the government.

Spousal Sponsorship Interviews

In some cases, you and your partner may be asked to attend an interview with an immigration officer. This is usually done when there are concerns about the relationship’s validity or if the couple’s history is complex. During the interview, both partners will be asked similar questions about their relationship, such as:

• How you met and your relationship history.
• Family details and communication habits.
• Plans for the future together.

It’s important to bring supporting documents such as your marriage certificate, communication logs, photos, and any other evidence proving the genuineness of your relationship.

Fees for Spousal Sponsorship

Here’s a breakdown of the fees required to submit a spousal sponsorship application:

Additional fees apply if you are sponsoring children, or if third-party services (medical exams, police certificates, etc.) are required. Quebec residents may also have to pay a separate processing fee.

Final Thoughts

Sponsoring your partner for Canadian immigration is a great way to bring your loved ones together. While the process may seem complex, understanding the requirements and steps will help you navigate it smoothly. Be sure to carefully review all documentation, follow the correct application process, and meet all sponsorship obligations to ensure a successful outcome.