SPOUSAL SPONSORSHIP

Sponsor Your Spouse or Partner to Canada: A Complete Guide to Spousal Sponsorship

Are you a Canadian citizen or permanent resident wanting to bring your loved one to Canada? The Spousal Sponsorship program allows you to sponsor your spouse, common-law partner, or conjugal partner for permanent residency in Canada. This page provides a comprehensive guide to understanding the requirements, application process, and everything you need to know to successfully sponsor your loved one.

Understanding Relationship Types for Canadian Spousal Sponsorship

To be eligible for spousal sponsorship, your relationship must fall under one of the following categories. It’s crucial to understand the specific definitions and requirements for each:

1. Spouse

  • Definition: You are legally married to your sponsor. Your marriage must be legally valid both in the place where it occurred and under Canadian law.
  • Key Requirements:
    • Valid Marriage Certificate: You must possess a valid marriage certificate as proof of your legal union.
    • Genuine Relationship: Beyond the legal certificate, you must demonstrate that your relationship is genuine and not solely for the purpose of immigration.

2. Common-law Partner

  • Definition: You are not legally married but have been living with your sponsor in a conjugal relationship for at least one continuous year.
  • Key Requirements:
    • Cohabitation for One Year: You must provide evidence that you have lived together for at least 12 consecutive months. This doesn’t mean temporary separations for business trips or family visits disqualify you, but your primary residence must have been shared.
    • Evidence of Cohabitation: This can include joint bank accounts, leases or property ownership documents, utility bills in both names at the same address, and other shared documents.
    • Genuine Relationship: Similar to spousal relationships, you must prove your relationship is genuine and not solely for immigration purposes.

3. Conjugal Partner

  • Definition: You are in a marriage-like relationship with your sponsor but have been unable to live together continuously for at least one year due to circumstances beyond your control (e.g., immigration barriers, legal restrictions in their country, sexual orientation preventing marriage).
  • Key Requirements:
    • Significant Obstacles to Cohabitation: You must demonstrate legitimate reasons preventing you from living together for a year. This is a higher threshold than spouse or common-law partner.
    • Genuine and Dependent Relationship: You must prove that your relationship is genuine, committed, and similar to a marriage or common-law partnership, despite the inability to cohabit.
    • Evidence of a Conjugal Relationship: This can include communication records (letters, emails, chat logs), evidence of emotional and financial support, travel documents showing visits (if possible), and statements from friends or family who are aware of your relationship.

Sponsor Requirements: Are You Eligible to Sponsor?

To be eligible to sponsor your spouse or partner, you must meet specific requirements set by Immigration, Refugees and Citizenship Canada (IRCC).

Basic Sponsor Eligibility:

  • Age: You must be at least 18 years old.
  • Status in Canada: You must be a:
    • Canadian citizen, or
    • Permanent resident of Canada, or
    • Person registered in Canada as an Indian under the Canadian Indian Act.
  • Residency: You must be residing in Canada when you apply. If you are a Canadian citizen living abroad, you must demonstrate that you will reside in Canada when your sponsored spouse or partner becomes a permanent resident. [Read Location-Specific Guidance Consideration: below].
  • Not in Receipt of Social Assistance: You cannot be receiving social assistance for reasons other than disability.

Financial Capacity: Meeting Your Undertaking

  • No Income Requirement (Generally): For spousal sponsorship, there is generally no minimum income requirement to sponsor your spouse or partner. [Important Clarification: This is a significant point and should be emphasized but with a caveat. While there isn’t a specific income threshold, you must demonstrate you can financially support your spouse or partner and their dependent children (if applicable) without needing social assistance.]
  • Financial Responsibility Undertaking: You must sign an undertaking, promising to financially support your sponsored spouse or partner for a specific period, even if the relationship breaks down. This is known as a contingent sponsorship undertaking.
    • Duration of Undertaking: Typically 3 years from the date your spouse/partner becomes a permanent resident. [Explain Contingent Sponsorship Undertaking: Briefly explain that this undertaking is legally binding and you are responsible for their basic needs during this period, even if you separate.]
    • Expenses Covered: This includes basic needs like food, clothing, shelter, utilities, healthcare not covered by public health insurance, and other essential daily living expenses.

Inadmissibility

You are not eligible to sponsor if you:

  • Were previously sponsored as a spouse or partner and became a permanent resident less than 5 years ago.
  • Are still financially responsible for a previously sponsored spouse or partner (the undertaking period hasn’t ended).
  • Have sponsored a previous spouse or partner and it has been less than 3 years since they became a permanent resident.
  • Are in default of an immigration loan, performance bond, or family support payments.
  • Are in prison or bankrupt.
  • Have been convicted of:
    • A violent crime
    • Any offense against a relative
    • Any sexual offense
    • Certain other serious crimes, depending on the details of the conviction. [Internal Link: Link to a page or section detailing inadmissibility and criminal history.]
  • Are under a removal order.

Sponsored Person Requirements: Who Can You Sponsor?

The person you are sponsoring (your spouse or partner) must also meet certain requirements to be eligible for permanent residency.

Basic Eligibility for the Sponsored Person:

  • Age: There is no minimum age limit to be sponsored as a spouse or partner.
  • Relationship to Sponsor: They must meet the definition of spouse, common-law partner, or conjugal partner as outlined above.
  • Admissibility to Canada: They must be admissible to Canada. This means they must not be inadmissible for reasons such as:
    • Security: Involvement in espionage, subversion, violence, or terrorism.
    • Criminality: Having committed a crime, especially serious offenses. [Internal Link: Link to a page or section detailing inadmissibility and criminal history.]
    • Organized Crime: Involvement in organized crime.
    • Health: Having a medical condition that poses a danger to public health or safety, or that might cause excessive demand on health or social services (though this is assessed very carefully and is less common in spousal sponsorship cases)
    • Financial Reasons: While the sponsor undertakes financial responsibility, the sponsored person still needs to prove their financial sufficiency.
    • Misrepresentation: Providing false information or withholding information during the application process. 
    • Family Member Inadmissibility: If a family member of the sponsored person is inadmissible, it may also impact the sponsored person’s application

Genuine Relationship Requirement:

  • Bona Fide Relationship: The most critical requirement for the sponsored person is to demonstrate to IRCC that their relationship with the sponsor is genuine and is not primarily for the purpose of gaining immigration to Canada.
  • Evidence of Genuine Relationship: You will need to provide substantial evidence to support the genuineness of your relationship. This can include:
    • Relationship History: How, when, and where you met; development of your relationship.
    • Communication: Letters, emails, chat logs, phone records (showing ongoing communication).
    • Social Media: Photos together, social media posts (being mindful of privacy).
    • Financial Support: Evidence of financial support provided to each other.
    • Travel History: Passport stamps, flight tickets, boarding passes showing visits to each other.
    • Joint Accounts/Finances: Joint bank accounts, shared expenses.
    • Affidavits/Letters from Friends and Family: Letters from people who know your relationship.
    • Future Plans Together: Details about your plans for the future in Canada.
    • Photos Together: Photos from different stages of your relationship, with family and friends.

Financial Obligations: The Sponsorship Undertaking Explained

As a sponsor, you are legally obligated to financially support your spouse or partner once they become a permanent resident. This commitment is formalized through the Sponsorship Undertaking.

  • Legally Binding Agreement: The undertaking is a legally binding agreement between you (the sponsor) and the Government of Canada.
  • Duration of Undertaking: The undertaking period is typically 3 years from the date your spouse or partner becomes a permanent resident.
  • Contingent Sponsorship Undertaking: This means you are responsible for providing for their basic needs for the entire undertaking period, even if your relationship ends. This is a crucial aspect to understand.
  • What is Covered: The undertaking covers basic requirements for daily living, including:
    • Food
    • Clothing
    • Shelter
    • Utilities (electricity, gas, water, etc.)
    • Household supplies
    • Personal care items
    • Local transportation
    • Healthcare not covered by public health insurance (e.g., dental care, vision care in some provinces)
    • Other essential needs.
  • Purpose of Undertaking: The undertaking is designed to ensure that sponsored immigrants do not become a burden on Canadian social assistance programs during their initial settlement period.

Application Process: Inland vs. Outland Sponsorship

There are two main ways to apply for spousal sponsorship: Inland Sponsorship and Outland Sponsorship. The best option for you will depend on your and your spouse/partner’s current location and circumstances.

1. Inland Sponsorship: Applying from within Canada

  • Eligibility: This option is for couples where the sponsored spouse or partner is already living in Canada and has valid temporary resident status (e.g., visitor visa, student visa, work permit).
  • Key Features:
    • Apply from within Canada: The sponsored person can remain in Canada throughout the application processing.
    • Potential for Open Work Permit (OWP): In many cases, the sponsored person may be eligible to apply for an Open Work Permit while their application is being processed, allowing them to work in Canada.
    • Processing Times: Inland applications can sometimes have longer processing times compared to outland. [
  • Step-by-Step Inland Application Process:
    1. Gather Application Package: Obtain all required forms and documents (see Document Checklist section).
    2. Pay Application Fees: Pay the required processing fees online.
    3. Submit Application: Submit the complete application package to the IRCC processing center designated for inland applications.
    4. Acknowledgement of Receipt (AOR): You will receive an AOR confirming IRCC has received your application.
    5. Biometrics: The sponsored person will likely be required to provide biometrics (fingerprints and photo).
    6. Medical Exam and Background Checks: The sponsored person will undergo a medical exam and background checks.
    7. Interview (Potentially): In some cases, IRCC may request an interview.
    8. Decision: IRCC will make a decision on the application. If approved, the sponsored person will be granted permanent resident status within Canada.

2. Outland Sponsorship: Applying from outside Canada

  • Eligibility: This option is for couples where the sponsored spouse or partner is living outside of Canada.
  • Key Features:
    • Apply from outside Canada: The sponsored person must remain outside of Canada while the application is being processed.
    • Faster Processing Times (Potentially): Outland applications can sometimes be processed faster than inland applications, depending on the processing center and visa office workload. [Processing Times Consideration: Be transparent about potential processing times.]
    • Temporary Resident Visa (TRV) or Electronic Travel Authorization (eTA): The sponsored person will need to apply for a TRV or eTA to enter Canada as a permanent resident once the application is approved. [Location-Specific Guidance Consideration: Relates directly to the “Canada Sponsor, Overseas Spouse” scenario.]
  • Step-by-Step Outland Application Process:
    1. Determine the Correct Visa Office: Identify the appropriate visa office based on the sponsored person’s country of citizenship or current residence. [Location-Specific Guidance Consideration: Emphasize importance of correct visa office.]
    2. Gather Application Package: Obtain all required forms and documents (see Document Checklist section).
    3. Pay Application Fees: Pay the required processing fees online.
    4. Submit Application: Submit the complete application package to the designated visa office.
    5. Acknowledgement of Receipt (AOR): You will receive an AOR confirming IRCC has received your application.
    6. Biometrics: The sponsored person will likely be required to provide biometrics.
    7. Medical Exam and Background Checks: The sponsored person will undergo a medical exam and background checks.
    8. Interview (Potentially): An interview may be required at the visa office.
    9. Visa Issuance: If approved, the visa office will issue a permanent resident visa (and potentially a Temporary Resident Visa to enter Canada while waiting for the PR visa, depending on nationality).
    10. Entry to Canada and Permanent Residence Confirmation: The sponsored person travels to Canada and officially becomes a permanent resident upon entry.

Document Checklist: Gather Your Required Documents

Preparing a complete and well-organized application package is crucial. Here is a general document checklist. Always refer to the official IRCC document checklist for the most up-to-date and specific requirements.

Disclaimer: This is a general checklist and applicants must refer to the official IRCC website for the most accurate and current checklist.

Documents Typically Required from the Sponsor:

  • [ ] Application Forms 
    • Sponsorship Application Form
    • Generic Application Form for Canada (IMM 0008)
    • Relationship Information and Sponsorship Evaluation (IMM 5532)
  • [ ] Proof of Status in Canada (Canadian birth certificate, Canadian passport, permanent resident card, Canadian Citizenship card or certificate, or Certificate of Indian Status)
  • [ ] Proof of Residence in Canada (Utility bills, lease agreement, etc.)
  • [ ] Financial Information (Notice of Assessment from Canada Revenue Agency – although income is not strictly required, providing it can be beneficial to demonstrate financial stability)
  • [ ] Marriage Certificate (if sponsoring a spouse) or Proof of Common-law Relationship or Conjugal Partnership
  • [ ] Photos of Sponsor (Passport size photos meeting IRCC specifications)
  • [ ] Photocopy of Passport or other Travel Document

Documents Typically Required from the Sponsored Person:

  • [ ] Application Forms (Same forms as above, but filled out by the sponsored person)
  • [ ] Original Passport or Travel Document (Valid and with sufficient blank pages)
  • [ ] Birth Certificate (and/or other identity documents)
  • [ ] Marriage Certificate (if applicable)
  • [ ] Police Clearance Certificates (from current country of residence and any country lived in for 6+ months since age 18)
  • [ ] Medical Exam (Must be completed by an IRCC-approved panel physician – instructions will be provided by IRCC)
  • [ ] Photos of Sponsored Person (Passport size photos meeting IRCC specifications)
  • [ ] Relationship Evidence (Comprehensive collection of evidence demonstrating a genuine relationship – as detailed in the “Sponsored Person Requirements” section)
  • [ ] Use of Representative Form (IMM 5476) (If using an immigration representative)
  • [ ] Dependent Children Forms and Documents (If applicable)

Spousal Sponsorship Processing Times and Fees: What to Expect

Understanding processing times and costs is essential for planning your sponsorship journey.

Processing Times:

  • Variable Processing Times: Processing times can vary significantly depending on:
    • Application Type: Inland vs. Outland
    • Visa Office (Outland): Some visa offices are faster than others.
    • Application Completeness: Complete and well-prepared applications are processed faster.
    • IRCC Processing Volume: Overall volume of applications at IRCC.
  • Check Current Processing Times: Always check the official IRCC website for the most up-to-date processing times. 
  • General Estimates (Subject to Change): 
    • Inland Sponsorship: 24-36 months
    • Outland Sponsorship: 12-18 months, but can vary significantly by visa office.

Application Fees: (Fees are in Canadian Dollars and subject to change by IRCC)

  • Sponsorship Fee: $85
  • Principal Applicant Processing Fee: $545
  • Right of Permanent Residence Fee (RPRF): $574 (This fee may be paid upfront or before visa issuance)
  • Biometrics Fee (per person, if applicable): $85
  • Include any dependent child: $175

Check official IRCC website for current fee information

Common Mistakes to Avoid: Increase Your Chances of Success

Avoiding common mistakes can significantly improve your application’s chances of approval and prevent unnecessary delays.

  • Incomplete Application: Missing forms, unanswered questions, or insufficient information is a major cause of delays or refusals. Solution: Carefully review the document checklist and instructions. Double-check everything before submission.
  • Insufficient Evidence of Genuine Relationship: Failing to adequately demonstrate a genuine relationship is a primary reason for refusal. Solution: Provide comprehensive and compelling evidence across all categories (relationship history, communication, social aspects, financial aspects, etc.). Quality over quantity is important, but thoroughness is key.
  • Misrepresentation or Withholding Information: Providing false or misleading information or failing to disclose relevant information (e.g., previous visa refusals, criminal history) is a serious offense and can lead to application refusal and even a ban from Canada. Solution: Be completely honest and transparent in your application. Disclose everything, even if you think it’s not important.
  • Incorrect Forms or Outdated Versions: Using outdated forms or the wrong forms for your application type will cause delays. Solution: Always download forms directly from the official IRCC website immediately before preparing your application to ensure you have the latest versions.
  • Not Meeting Sponsor Eligibility Requirements: Applying when the sponsor does not meet the eligibility criteria (e.g., age, residency, inadmissibility reasons). Solution: Carefully review the sponsor eligibility requirements before starting the application process.
  • Not Meeting Sponsored Person Admissibility Requirements: Assuming the sponsored person is admissible to Canada without thorough consideration of potential inadmissibility issues (e.g., criminal history, health concerns). Solution: Thoroughly assess the sponsored person’s admissibility to Canada and address any potential issues proactively.
  • Submitting Application to the Wrong Visa Office (Outland): Sending the application to the incorrect visa office can cause delays. Solution: Carefully determine the correct visa office based on the sponsored person’s country of citizenship or residence and submit your application accordingly.
  • Ignoring Communication from IRCC: Failing to respond promptly to requests for information or interviews from IRCC can negatively impact your application. Solution: Monitor your email and mail regularly and respond to IRCC requests promptly and thoroughly.

Location-Specific Guidance: Inland vs. Outland at a Glance

Sponsor Location

Spouse Location

Application Type

Key Considerations & Potential Benefits

Learn More

Canada

Overseas

Outland

Sponsored spouse applies from outside Canada. May have faster processing times in some cases. 

Canada

Canada

Inland

Sponsored spouse applies from within Canada (must have valid temporary status).  Spouse may be eligible for Spousal Open Work Permit (OWP) during processing. Spouse can remain in Canada while waiting.

Overseas

Overseas

Outland

Sponsor (Canadian citizen) must prove intent to reside in Canada with spouse once PR. Application processed outside Canada

Canada

Multiple Overseas Locations (Spouse travels frequently for work)

Outland (Generally Recommended)

Outland often preferred for complex travel situations to avoid potential issues with Inland residency requirements. Consult with an immigration professional to determine the best strategy.

Overseas (Sponsor intends to return to Canada soon)

Canada (Spouse is in Canada on temporary status)

Potentially Inland or Outland – Consult is Key

Sponsor’s return plans are critical. Inland may be possible if sponsor returns quickly and can establish residency. Outland may be simpler to manage sponsor’s return and processing. Seek advice.

Ready to Start Your Spousal Sponsorship Journey?

One on one spousal sponsorship consultations

Do you need help with your inland our overseas spousal sponsorship application? Are you interested in a specific sponsorship matter such as eligibility or any other complexity such as objections from the visa officer regarding genuineness of the relationship, bad faith etc and wish to disabuse those concerns before or after the submission of your application? Amir Ismail & Associates (AIA) assists hundreds of people each week who are content with our in-depth analysis of their spousal sponsorship cases and to the point consultations. This assists them in identifying the issues related to their spousal sponsorship matters to allow them to put their best foot forward. Book your one-on-one consultation with Mr. Amir Ismail for a detailed discussion on your immigration matter.

Canadian Spousal Sponsorship - FAQs

Who can be sponsored under the Family Class?

You can sponsor your spouse (married), common-law partner (living together for at least 12 months), or conjugal partner (in a genuine relationship for at least 12 months where marriage or cohabitation wasn’t possible), or your dependent child. Dependent children are generally those under 22 years old without a spouse or common-law partner. There are exceptions for children over 22 who have been financially dependent on their parents since before the age of 22 and are unable to support themselves due to a medical condition. If you are sponsoring a child to be adopted in Canada and their details are not yet known, there are specific placeholders for unknowns in the forms and you must select “Citizen” as their immigration status in the country where the adoption will take place.

What are the requirements for becoming a sponsor?

To become a sponsor, you must be at least 18 years old, a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident of Canada. You must also reside in Canada, unless you are a Canadian citizen, in which case, you must prove that you plan to live in Canada when the sponsored person becomes a permanent resident. You must be able to provide basic needs (food, clothing, shelter, dental care, eye care, and other health needs not covered by public health services) for yourself and the people you sponsor, and not be receiving social assistance for reasons other than a disability. Additionally, you cannot have been convicted of certain crimes, be subject to a removal order, be in default on any sponsorship undertakings, immigration loans, performance bonds, or court-ordered support payments, or have declared bankruptcy which has not been discharged. You also cannot be currently sponsoring another person and not received a decision yet.

What is an undertaking and how long does it last?

An undertaking is a binding promise to financially support the person(s) you are sponsoring and to ensure they do not need to seek government assistance. It is legally binding for the length of the undertaking period even if the sponsor’s or the sponsored person’s situation changes (e.g., relationship breakdown, divorce, relocation, financial problems). You must make sure the person you are sponsoring will not require social assistance. The length of the undertaking can vary, so it’s crucial to consult the specific guidelines for your situation, particularly if the sponsored individual is a spouse or a child. If the sponsored person receives social assistance while the undertaking is valid, you are in default and must repay the full amount. You won’t be able to sponsor anyone else until the debt is cleared. If you change your mind after submitting the sponsorship and undertaking, you must inform Immigration, Refugees and Citizenship Canada (IRCC) in writing before a final decision is made. You can only withdraw an undertaking if it’s approved.

What documents are required for the sponsorship application?

Required documents vary depending on your situation, but generally include: copies of your passport and the person you are sponsoring, birth certificates, marriage or divorce certificates (if applicable), and national identity cards. Specific documentation requirements also differ based on the country of origin or residence for you and the sponsored person and if you or the sponsored person have completed military service. If any child(ren) under 18 will be issued an immigrant visa as part of this application and the sponsor is not the legal parent, you must also include a Declaration from non-accompanying parent/guardian for minors immigrating to Canada, and a copy of the parent’s identity document. If you were married previously, you must include documentation pertaining to the end of that relationship (e.g. divorce certificates, annulment certificates or death certificates). Be sure to review the country-specific requirements on the IRCC website. Some applicants may need to provide an “Authorization to Disclose Information” form. For those from Pakistan over 18 years old, this form is mandatory. Also, some applicants may need to complete a “Details of Military Service” form if they have served in the military, army, defence or police units, and submit copies of their military cards/booklets, even blank pages.

What is the role of police certificates in this process?

Both the sponsor and the person being sponsored are generally required to provide police certificates from every country they have lived in for six months or longer since the age of 18. In Canada, police certificates are not needed at the time of the application, and if necessary IRCC will make the request on your behalf. The applicant must authorize the release of information to IRCC. Some countries need consent from IRCC to issue a police certificate so a consent form is required. If you require fingerprints to obtain a police certificate, IRCC will issue a “Fingerprint Request Letter” which you need to provide to local police along with your identification. The “Request for Police Certificates/Clearances” form must be sent to the applicant’s address, not IRCC directly.

How does previous criminal history impact a sponsorship application?

A criminal record can significantly impact a sponsorship. Sponsors cannot have been convicted of certain offences, particularly those of a sexual nature, or involving violence against family members or a conjugal partner, or relatives including those within their ex-partners’ families. There is a waiting period of 5 years after completing the sentence to apply, and there are some offenses that permanently bar someone from sponsoring. The person you are sponsoring cannot be inadmissible to Canada. If they are outside Canada and have committed or been convicted of a crime, they may be able to apply for rehabilitation or be deemed rehabilitated after a certain period.

How is the financial capacity of a sponsor assessed?

While there is generally no minimum necessary income (MNI) requirement if you are sponsoring a spouse, partner, or dependent child, you must meet a minimum income requirement if the spouse or partner you’re sponsoring has a dependent child with their own dependent children or if the dependent child you are sponsoring has their own dependent children. IRCC will evaluate your financial capacity using a “Financial Evaluation Form” to determine if you are able to support yourself and the people you are sponsoring. This includes reviewing information about your employment history and income for the past 12 months using pay stubs, tax records, and bank statements. It also includes the number of people you are currently sponsoring or have sponsored in the past who are still in their undertaking periods. If your spouse/partner is co-signing the undertaking, their financial information is also assessed. You must not be in default of any sponsorship undertaking, or support payment obligations. If the sponsor lives in Quebec, they must also be able to meet the requirements of that province, and it’s possible that Quebec may deem you ineligible even if you meet federal standards.

What additional important details should I be aware of?

Be prepared to provide detailed personal history information, including your activities, status in various countries, all countries where you have resided for more than 6 months, and relationship history. You will be required to provide additional information on family members, including married children, adopted children, children of your spouse, and any children under the custody of an ex-partner. You must be honest and provide correct information, as misrepresentation will be recorded and can lead to a five-year inadmissibility. Make sure all your forms are complete and signed, and use “N/A” or “Not Applicable” if sections do not apply to you. If you need extra space, include extra pages with the appropriate section. It’s important to respond to any requests from IRCC promptly to avoid delays in processing your application. Also note that medical exams and, if required, biometric appointments, must be completed by you and the person being sponsored, even if they are not coming with you to Canada. If the person you are sponsoring is applying from outside of Canada, they may be eligible for medical insurance while their application is being processed. Check with local provincial authorities. Ensure that any translations are done by a certified translator who is not related to you or the person you are sponsoring. Additionally, understand that once a permanent resident visa has been issued, it cannot be extended, so the sponsored person must use it during its validity.