As a Canadian citizen or permanent resident, you possess the legal right to sponsor your spouse, common-law partner, or conjugal partner for permanent residency in Canada. Spousal sponsorship remains one of the most straightforward and dependable pathways to acquiring Canadian PR, provided both partners fulfill the eligibility criteria stipulated by Immigration, Refugees and Citizenship Canada (IRCC). Moreover, dependent children of your partner may also be included in the sponsorship application.
If your partner is already residing in Canada, they might qualify for a Spousal Open Work Permit (SOWP), allowing them to seek employment while awaiting PR approval.
Eligibility Criteria for Sponsoring a Partner
To qualify as a sponsor, you must meet the following prerequisites:
- Be at least 18 years of age.
- Hold Canadian citizenship, permanent residency, or be a registered Indian under the Canadian Indian Act.
- Demonstrate financial capability to provide for your partner’s essential needs.
- Not be receiving social assistance, except for disability benefits.
- If a permanent resident, physically reside in Canada.
- If a Canadian citizen living abroad, provide proof of intent to relocate to Canada once PR is granted to your partner.
Circumstances that Disqualify You from Sponsorship
You may be deemed ineligible to sponsor your partner if you:
- Obtained permanent residency through sponsorship within the past five years.
- Are bound by an ongoing financial undertaking to a previously sponsored partner.
- Have an existing spousal sponsorship application under review.
- Have unresolved bankruptcy proceedings.
- Defaulted on an immigration loan, performance bond, or family support payments.
- Failed to meet financial obligations in a previous sponsorship agreement.
- Have been convicted of or attempted a violent crime or sexual offense.
- Are subject to a removal order.
- Are currently incarcerated.
Sponsorship Requirements for Quebec Residents
Quebec enforces additional regulations for spousal sponsorship, including:
- A distinct application process through the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).
- A separate financial undertaking agreement with the Quebec government.
- An income assessment conducted by MIFI.
Important: Quebec has implemented a cap of 13,000 family sponsorship applications, effective from June 26, 2024, to June 25, 2026. Applications exceeding this cap will be returned unprocessed. Processing times for Quebec-based sponsorships currently range from 34 to 36 months.
Who Can Be Sponsored?
Eligible sponsors may submit applications for their:
- Spouse (legally married partner).
- Common-law partner (partners cohabiting for at least 12 consecutive months).
- Conjugal partner (partners in a committed relationship for at least one year but unable to cohabitate due to legal, religious, or immigration barriers).
- Dependent children (if applicable).
Relationship Validation Requirements
IRCC mandates documentary evidence to establish the authenticity of each relationship category, such as:
- Spouses: Legal marriage certificate recognized in the jurisdiction where it was issued and in Canada.
- Common-law partners: Proof of continuous cohabitation (e.g., shared lease agreements, joint bank accounts, or affidavits from third parties).
- Conjugal partners: Demonstration of significant commitment, coupled with proof of obstacles preventing cohabitation or marriage.
Types of Spousal Sponsorship
Sponsorship applications fall under two primary categories:
Inland Sponsorship (Spouse or Common-Law Partner in Canada Class)
- The sponsored partner must already be residing in Canada.
- Applicants must maintain valid temporary resident status (visitor, worker, or student visa), though exceptions exist for overstays.
- The sponsored individual may apply for an Open Work Permit (OWP) alongside their PR application.
- Appeals for refusals are not permitted under this category.
- Current processing time: 28 months.
Outland Sponsorship (Family Class)
- The sponsored partner typically resides outside Canada at the time of application.
- Canadian citizens living abroad may apply under this category.
- Sponsored partners can travel in and out of Canada during application processing if they hold the requisite visa.
- Unlike inland sponsorship, refusals under this category can be appealed.
- Current processing time: 10 months.
Financial Undertaking Obligations
Sponsors are legally bound to provide financial support to their partners for the duration of the sponsorship period:
- Spouse/Common-law/Conjugal Partner: 3 years from the date PR is granted.
- Dependent children (under 22 years of age): 10 years or until the child turns 22 (whichever comes first).
- Dependent children (22 years or older): 3 years.
Sponsorship Interview and Application Costs
IRCC may request a sponsorship interview to assess the legitimacy of the relationship. Common interview topics include:
- The history of your relationship (first meeting, significant milestones, etc.).
- Daily routines and shared responsibilities.
- Knowledge of each other’s families, habits, and aspirations.
Cost Breakdown:
- Sponsorship application processing fee: $75
- Principal applicant fee: $490
- Right of permanent residence fee (if applicable): $515
- Biometrics fee: $85 per person
- Dependent child fee: $150 per child
- Spousal Open Work Permit (if applicable): $255
Final Thoughts
Navigating Canada’s spousal sponsorship process requires diligence, accurate documentation, and adherence to eligibility requirements. Whether applying via inland or outland sponsorship, ensuring compliance with IRCC’s policies will facilitate a smoother immigration journey for you and your loved one. Staying informed about policy changes, processing times, and sponsorship obligations will enhance your chances of a successful application.
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Disclaimer: This is for informational purposes only and not legal advice. Always consult experts like us or the official IRCC website for up-to-date details.