Spouse Visa

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Canadian spousal sponsorship is how a Canadian citizen or permanent resident can sponsor their partner to come to Canada and live permanently. In Canada, we know how important it is for families to be together. For this reason, applications for spousal sponsorship are considered a top priority.

Here is everything you need to know about sponsoring your spouse, common-law partner, or conjugal partner to Canada.

Who can sponsor their spouse, conjugal partner, or common-law partner under the spousal sponsorship program?

You may be eligible to sponsor your spouse, conjugal partner, or common-law partner if you are a Canadian citizen or permanent resident and meet the following conditions:

• Are at least 18 years old
• Live in Canada, or planning to return to Canada once your spouse or partner becomes a permanent resident of Canada
• Are able and willing to provide for the basic financial needs of your spouse or partner for three years

In Canada Sponsorship Class

You should apply under the Spouse or Common-Law Partner in Canada Class (Inland) if:

• You live with the sponsor in Canada
• You hold a valid immigration status in Canada
• You would like to apply for an open work permit in order to work in Canada while the application is in process

If your spouse or common-law partner is out of status in Canada, they may be able to submit under this stream as well while being protected under a public policy that allows them to stay in Canada until the application has been fully processed. The disadvantage to this particular stream, however, is that the applicant should refrain from travel outside of Canada while the application is in process.

Family Class (Outland) Sponsorship Class

You should apply under the Family Class (Outland) sponsorship option if:

• Your spouse/common-law partner (i.e. “the applicant”) lives outside of Canada
• You are currently living in Canada with the sponsor but do not plan to stay in Canada for the duration of the application process

A downside to using this stream is that, until your application has been approved, living with your spouse may be difficult. However, your spouse can apply for a temporary visa to come to Canada while their outland sponsorship application is being processed.

How long does it take to sponsor your spouse or partner to Canada?

Sponsorship applications take approximately 12 months to process from start to finish. They are typically not processed much faster than 12 months, but they can take longer, depending on the nature of your case.

If you have a complicated case, or the visa office requires additional proof of your relationship, this will delay the processing of your case and it will take longer.

The best way to ensure your sponsorship application is processed as quickly as possible is to make sure it is done right the first time. The lawyers and legal professionals at Canadim have helped thousands of spousal sponsorship applications. Find out how Canadim can help bring your loved ones to Canada by taking our free online assessment.

How much does It cost to sponsor your spouse, conjugal partner, or common-law partner to Canada?

The government processing fees to sponsor your spouse, conjugal partner, or common-law partner in Canada are listed below. If you are sponsoring your spouse, conjugal partner, or common-law partner and they have dependent children, then an additional $150 payment will be required for each child included in the application.

Sponsorship fee $75

Principal applicant processing fee $475

Right of permanent residence fee $500

Biometrics: $85

Total: $1135

If the sponsor resides in Quebec or intends to reside in Quebec upon the issuance of permanent residence, an additional fee of $289 CAD will need to be paid in addition to the fees mentioned above.

What is common-law sponsorship?

Under Canadian immigration law, common-law relationships are viewed as the same as conventional marriages. In order for your relationship to be eligible for common-law sponsorship, you must prove that as a couple, you have lived together for a year or longer in a marriage-like relationship.

What is conjugal sponsorship?

Under certain circumstances where you are unable to marry or live with your partner as common-law, you may be eligible to sponsor a conjugal partner. In order to sponsor a partner, you must have been in a conjugal relationship for at least one year but were unable to live together or get married for reasons beyond your control.

What are my ongoing obligations if I sponsor my spouse, conjugal partner, or common-law partner under spousal sponsorship?

When sponsoring a spouse, conjugal partner, or common-law partner, you are responsible for fulfilling the basic needs of your partner, including their everyday and health needs for three years.

 

You must make sure that your sponsored spouse, conjugal partner, or common-law partner does not require social assistance from the government before signing the undertaking agreement. If your spouse, conjugal partner, or common-law partner does require financial help from the government, you must pay back he full amount they received while you were legally responsible for them. If you do not pay back the full amount, you will not be permitted to sponsor another eligible family member until you do.

 

Your financial obligation will stay in effect even if:

• your sponsored spouse, conjugal partner, or common-law partner becomes a Canadian citizen
• your relationship ends
• your spouse, conjugal partner, or common-law partner moves to another country or province
• you experience financial problems

Do I need a job to sponsor my spouse, conjugal partner, or common-law partner in Canada?

You do not need a job to sponsor your spouse, conjugal partner, or common-law partner to come to Canada. Unlike other sponsorship programs, there is no minimum income requirement for spousal sponsorship. However, as you are required to sign an undertaking agreement, promising to fulfil the basic financial needs of your partner, the immigration officer may assess whether you have sufficient funds to sponsor. As such, you should provide some proof of how you will support your spouse, conjugal partner, or common-law partner in Canada.

How much money do you need to sponsor your spouse, conjugal partner, or common-law partner to Canada?

Unlike most other forms of Canadian sponsorship, you do not need to demonstrate a minimum amount of income to sponsor a spouse, conjugal partner, or common-law partner. However, whenever you sponsor a family member to Canada, you must sign an undertaking, in which you promise to provide financial support for the basic needs of your sponsored family member.

The length of the undertaking depends on the category of sponsorship. For spousal sponsorship (including spouses and common-law or conjugal partners), the length of the undertaking is 3 years from the day the sponsored individual becomes a Canadian permanent resident.

FIND OUT IF YOU ARE ELIGIBLE TO SPONSOR OR BE SPONSORED FOR CANADIAN IMMIGRATION

Does my spouse, conjugal partner, or common-law partner need a job offer to be sponsored under the spousal sponsorship program?

Your sponsored spouse, conjugal partner, or common-law partner does not require a job offer in Canada to be eligible under the spousal sponsorship program.

Does my spouse, conjugal partner, or common-law partner need to demonstrate English or French language proficiency?

Your sponsored spouse, conjugal partner, or common-law partner is not required to demonstrate their proficiency in English or French.

However, your spouse, conjugal partner, or common-law partner will likely need to take a language proficiency exam when later applying for Canadian citizenship.

My spouse, conjugal partner, or common-law partner has a serious medical condition, can I still sponsor them?

As long as your spouse’s medical condition is not a danger to the public health or safety, they will likely not face any issues with their sponsorship application.

There are three kinds of medical inadmissibility: excessive demand on health or social services, danger to public health, and danger to public safety. Medical inadmissibility for excessive demand does not apply to sponsored spouses or common-law partners.

How do I submit a spousal, conjugal, or common-law sponsorship application?

Applications for spousal sponsorship may be submitted via mail or by IRCC’s new permanent residence application portal.

Can I leave Canada while my spousal sponsorship application is processing?

The person being sponsored may leave Canada for short periods of time while awaiting a decision on their In Canada Sponsorship application. However, as residing in Canada in the requirement for In Canada Sponsorship Class, it is risky to leave the country in the case that you are not able to re-enter. This has increasingly become a concern since the COVID-19 pandemic with the frequent implementation of travel restrictions.

Another consideration is if the sponsored spouse has applied for an open work permit and is currently on maintained status in Canada. If this is the case, they will lose their maintained status once they leave Canada and must wait until their work permit application is approved to return.

If you are a permanent resident, you must stay in Canada during the processing of a common-law sponsorship application.

What documents do I need to submit a spousal, conjugal, or common-law sponsorship application?

When applying to sponsor a spouse, you can expect to submit the following:

• Completed application forms;
• Proof of status in Canada;
• Identity documents;
• Marriage certificate;
• Police Certificate and Clearances from all countries your spouse has lived in for six months or longer past the age of 18;
• Medical certificate for your spouse;
• Proof of payment for applicable government fees;
• Digital photo;
• Relationship Information and Sponsorship Evaluation questionnaire;
• Marriage certificate (see common-law if you are not married);
• Wedding invitations and photos;
• Birth certificates or adoption records for any children you and your spouse have together;
• Proof of registration of marriage with a government authority

To demonstrate your relationship, you should provide at least two of the following documents:

• Proof that you and your spouse own property together
• Shared bank accounts,
• Utility bills with both of your names,
• Copies of government-issued IDs,
• Car insurance,
• Pay stubs or tax forms that show that you live at the same address

If you are in a common-law relationship and looking into sponsoring your partner, immigration officers will expect to see the following evidence:

• Relationship Information and Sponsorship Evaluation questionnaire
• Birth certificates or adoption records for any children you and your common-law partner have together
• Photos of you and your common-law partner that demonstrate that you are in a conjugal relationship
• Proof that you have lived together for at least one year

And at least two of the following documents:

• Documents that indicate that you are recognized as each other’s common-law partner, such as employment or insurance benefits
• Evidence of financial support or shared expenses between you and your partner
• Proof that your relationship is recognized by family and friends (letters, emails, social media)

If you can’t provide all the documents outlined above, get creative. Find ways that demonstrate your relationship and provide them. Provide letters of explanation or sworn declarations from family or friends that can attest to your common-law status. The final decision regarding your common-law documents will be at the discretion of the visa officer but the more proof you can provide, the better your chances of being accepted.

If you are in a conjugal relationship and looking into sponsoring your partner, immigration officers will expect to see the following evidence:

• Shared residence
• Economic support, including joint financial arrangements, shared bank accounts, etc.
• Evidence that your friends and family recognize that the two of you are in a relationship

For both conjugal and common-law relationships, there is no legal documentation or a specific point in time that solidifies your commitment to one another. Instead, immigration officers will expect to see evidence of significant emotional and interpersonal ties that demonstrates that you are in a serious, committed relationship with the intention to remain in that relationship long-term.

Can my spouse, conjugal partner, or common-law partner include their family members on our spousal sponsorship application?

Your spouse, conjugal partner, or common-law partner may include any accompanying dependent children on their application for permanent residence.

Is an interview required for spousal sponsorship?

Immigration interviews are rare for spousal sponsorship cases and are the exception rather than the rule. That said, spousal sponsorship immigration interviews usually occur when there are lack of documents supporting the relationships, contradicting information on the forms vs. documents, age and religious difference, a short period of time between meeting your spouse and marriage, or little or no cohabitation.

Although the final decision to interview a couple is at the discretion of the visa officer, using the services of a qualified immigration attorney can prepare your application in the best possible light and minimize any questions they have about the validity of your relationship.

Reasons a sponsorship application is refused

In order to be eligible for spousal sponsorship of any kind, you need to prove that your relationship is legitimate. There are several factors that are taken into consideration by immigration officers, depending on the nature of your relationship.

Visa officers will consider a range of elements to determine if your relationship is genuine. Some of the elements they will consider are more traditional, like photos of your wedding that show members of your family in attendance. Others can be more unique to the cultural practices of the region. If your relationship is unconventional, providing additional evidence of the genuineness of your relationship is recommended. Letters of explanation can also help a visa officer understand why your relationship might not have all the same indicators as a more traditional marriage from your cultural background.

Be advised that marriage ceremonies that are conducted over the internet are not accepted for Canadian immigration purposes.

Can I re-apply if my spousal sponsorship application is refused?

If your spousal sponsorship application was refused, you have the option to re-apply. However, it is very important to address the reason for the refusal in your application with new information or documentation.

Can I cancel my spousal or partner sponsorship application?

You can withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada.

Is there a limit to the number of spousal sponsorship applications accepted by Canada?

Unlike Parent and Grandparent sponsorship, there is no intake cap for spousal sponsorship. Canada continues to accept spousal sponsorship applications throughout the year.

Do I get permanent residence if I marry a Canadian?

No. Simply marrying a Canadian does not automatically give the spouse Canadian permanent residence. Once you are married or in a common-law relationship, you can then apply for a spousal sponsorship. Only after the application for spousal sponsorship is approved, will the married spouse become a Canadian permanent resident.

Can my spouse, common-law partner, or conjugal partner come to Canada while waiting for approval?

Your spouse or partner can come to Canada while you are waiting for approval but there is no special visa for applicants awaiting a decision on their sponsorship application. Some spousal sponsorship applicants may encounter difficulties applying for a temporary visa if they have an application for permanent residence already in process.

Applicants applying for a temporary residence visa must satisfy the visa officer assigned to their case they will leave at the end of the validity of the visa. Having an application for permanent residence can create doubt in the visa officer’s mind that the applicant intends to leave at the end of their visa.

For this reason, applicants may want to apply for a temporary visa and then once together in Canada, submit under the inland sponsorship category. The spouse being sponsored can then transition from their temporary status in Canada to an open work permit that would allow them to work for any employer while their application is processing.

Can I sponsor my conjugal or common-law partner If I am legally married to someone else?

If you wish to sponsor your common-law partner but are legally married to another person, you must provide proof that your marriage has broken down and that you have lived apart from your spouse for at least one year. You can only count time physically separated from your spouse toward time cohabitating with the common-law partner you wish to sponsor. To demonstrate the end of your spousal relationship, you should provide additional documentation, such as:

• a formal declaration regarding the end of the marriage and beginning of a common-law relationship
• an official separation agreement
• a court order in respect of custody of children, or
• documents showing the removal of the legally married spouse from insurance policies or wills

Can I sponsor my common-law partner if we are not currently living together?

A common-law couple may be separated due to extenuating circumstances such as a family emergency, hostile country conditions, or employment or education-related reasons. To sponsor your common-law partner, you must have been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship. If you are not currently living with your partner at the time of applying, you must provide sufficient evidence that you have previously lived together and intend to live together in Canada upon being sponsored. You will also need to provide convincing evidence to show that while living apart, you have continued to maintain your common-law relationship.

 

As each application is as unique as the relationship itself, an experienced representative can assist you in preparing the strongest application possible.

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