If you recently
discovered that you are a Canadian citizen by descent, you may now have access
to important rights and benefits, including the ability to live, work, and
travel freely in Canada.
But if you are
married or in a committed relationship, you may also be wondering whether your
Canadian citizenship automatically gives your spouse or partner any immigration
status in Canada.
The short
answer is no. Canadian citizenship by descent does not automatically extend to
a spouse or partner.
However, as a
Canadian citizen, you may be eligible to sponsor your spouse or partner for
Canadian permanent residence.
Does
Canadian Citizenship by Descent Apply to Your Spouse?
Canadian
citizenship by descent generally passes through qualifying family relationships
based on citizenship rules. Marriage itself does not automatically make someone
a Canadian citizen.
This means that
if you receive proof of Canadian citizenship by descent, your spouse's
immigration or citizenship status does not automatically change.
However,
becoming recognized as a Canadian citizen gives you the right to sponsor an
eligible spouse or partner for permanent residence in Canada.
Can Your
Children Also Be Canadian Citizens by Descent?
Depending on
the circumstances, your biological children may also qualify for Canadian
citizenship through the same family connection that allowed you to obtain
citizenship.
Adopted
children may also qualify, although additional steps can apply.
For children
born or adopted on or after December 15, 2025, additional rules may apply. In
certain situations, the Canadian citizen parent must show at least 1,095 days
of physical presence in Canada before the child's birth or adoption in order to
pass citizenship to the child.
Because
citizenship-by-descent rules can depend on the date of birth, generation, and
family circumstances, each case should be reviewed individually.
Spousal
Sponsorship Leads to Permanent Residence, Not Immediate Citizenship
Sponsoring your
spouse does not make them a Canadian citizen immediately.
Instead,
spousal sponsorship is a pathway to Canadian permanent residence.
Canadian
permanent residents generally have the right to live, work, and study anywhere
in Canada, subject to the conditions that apply to permanent resident status.
After becoming
a permanent resident and meeting the applicable citizenship requirements,
including physical presence requirements, your spouse may later become eligible
to apply for Canadian citizenship.
In general, an
applicant for Canadian citizenship must accumulate at least 1,095 days of
physical presence in Canada during the applicable five-year eligibility period
before applying.
Who Can Be
Sponsored?
Canadian
citizens may be able to sponsor an eligible:
A spouse is
someone who is legally married to you.
A common-law
partner is generally someone with whom you have lived continuously in a
marriage-like relationship for at least 12 months.
A conjugal
partner category may apply in certain situations where a couple has been in a
genuine relationship for at least one year but has been unable to marry or live
together because of serious legal, immigration, religious, social, or other
barriers beyond their control.
The correct
sponsorship category depends on the couple's individual circumstances.
Requirements
to Sponsor Your Spouse or Partner
To sponsor your
spouse or partner, you must meet certain eligibility requirements.
Generally, you
must:
Canadian
citizens may sponsor a spouse while living outside Canada, but they generally
need to demonstrate that they intend to return to Canada and live in Canada
when their sponsored spouse becomes a permanent resident.
Certain
circumstances may make a person ineligible to sponsor, including some criminal
convictions, previous sponsorship issues, or other legal restrictions.
Inland and
Outland Spousal Sponsorship
The sponsorship
process may be different depending on where you and your spouse are living.
Outland
Sponsorship
If your spouse
or partner lives outside Canada, the application will generally be processed
under the Family Class, often referred to as outland sponsorship.
Canadian
citizens may also use the Family Class while living outside Canada, provided
they can show their intention to return to Canada once their spouse or partner
becomes a permanent resident.
Canadian
citizens living in Canada may also choose outland sponsorship in some
situations.
Conjugal
partner sponsorship applications are processed through the Family Class.
Inland
Sponsorship
If you and your
spouse or common-law partner are living together in Canada, you may be able to
apply under the Spouse or Common-Law Partner in Canada Class, commonly known as
inland sponsorship.
Depending on
eligibility and the stage of the application, a sponsored spouse or partner
living in Canada may also be eligible for an open work permit while the
permanent residence application is being processed.
Your
Marriage Must Be Legally Recognized
If you are
sponsoring a spouse, your marriage must generally be legally valid.
The marriage
must be recognized under the law of the country where it took place and must
also be recognized for Canadian immigration purposes.
For example, if
a Canadian citizen by descent was married in the United States, IRCC may
require the official marriage certificate issued by the relevant state or local
authority as proof of the legal marriage.
Applicants
should ensure that all marriage documents are complete and properly included in
the sponsorship application.
What If Your
Spouse Has a Criminal Record?
Criminal
history can affect a person's ability to enter or immigrate to Canada.
Certain
convictions may make a spouse or partner criminally inadmissible to Canada.
This can include offences such as impaired driving or DUI, depending on the
circumstances.
However,
criminal inadmissibility does not always mean that immigration to Canada is
permanently impossible.
Depending on
factors such as the type of offence, sentence, and how much time has passed, a
person may be able to address inadmissibility through options such as criminal
rehabilitation.
These cases can
be complex and should be reviewed carefully before submitting a sponsorship
application.
Quebec Has a
Separate Spousal Sponsorship Process
If you plan to
live in Quebec, additional provincial requirements apply.
The sponsorship
process generally begins with the federal government. Once Immigration,
Refugees and Citizenship Canada confirms the sponsor's eligibility, additional
steps may be required through Quebec's immigration authorities.
Quebec has its
own sponsorship undertaking requirements and eligibility conditions.
As a result,
applicants planning to settle in Quebec should be prepared for additional
documentation and processing steps.
What
Documents Are Required for Spousal Sponsorship?
Both the
sponsor and the sponsored spouse or partner must provide forms and supporting
documents.
Depending on
the circumstances, documents may include:
Applicants must
also provide evidence showing that the relationship is genuine and was not
entered into primarily for immigration purposes.
The exact
documents required depend on the sponsorship category and the applicant's
individual circumstances.
Medical
Examination Requirements
Family members
included in a permanent residence application who are not already Canadian
citizens or permanent residents may be required to complete an immigration
medical examination.
IRCC normally
provides instructions regarding the medical examination during the application
process.
Applicants
should follow the instructions provided by IRCC and complete the examination
with an approved panel physician when required.
Do You Need
an Immigration Representative?
Hiring an
immigration representative is not mandatory.
Applicants can
prepare and submit a spousal sponsorship application themselves. However, some
applicants choose to work with an authorized immigration consultant or lawyer,
especially where there are complications involving previous refusals, criminal
history, relationship evidence, immigration violations, or other concerns.
Whether an
applicant uses a representative or applies independently, it is important to
provide complete, accurate, and consistent information throughout the
application.