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Spousal and Common-Law Sponsorship

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Definitions of Spouse, Common-Law, and Conjugal Partner

Spouse: Where the two parties are married that is legally valid under the law of the country where it took place and legally valid in Canada.

 

Common-law Partner: A person living with another person in a conjugal relationship, cohabitating continuously for at least one year. A conjugal relationship exists when there is a significant, mutual, and continuing degree of commitment of a shared life between two people. You must submit proof of shared shelter, economic and emotional support, children (if applicable), and societal perception of the two as a couple to demonstrate that you are in a common-law relationship.

 

Conjugal Partner: An individual living outside of Canada and in a conjugal relationship with their sponsor but cannot live together as a couple. The reasons why the couple could not live together must be beyond their control (i.e., immigration barrier, religious reasons or sexual orientation).

How to Sponsor a Spouse, Common-law, or Conjugal Partner to Canada? 

Canadian Citizens and Permanent Residents (PR) of Canada, can sponsor their spouse, common-law partner, or conjugal partner to Canada. Upon the Spousal Sponsorship application being approved, the sponsored person can receive Permanent Residence in Canada.  

 

There are two separate classes for spouse and partner relationships in the family class: 

  • Family Class (Outland); and 

  • Spouse or Common-Law Partner in Canada Class (Inland) 

Who Can Sponsor Their Spouse or Partner to Canada? 

​To apply for Spousal Sponsorship, the sponsor must be:

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  • A Canadian citizen, a Permanent Resident in Canada, or a person registered in Canada as an Indian under the Canadian Indian Act

  • Must be 18 years of age or older

  • You’re able to prove that you’re not receiving social assistance for reasons other than a disability;

  • You can provide for the basic needs of any persons you want to sponsor;

  • You must have the legal capacity to marry;

  • If you were previously married, you must have a finalized divorce;

  • If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents 

  • If you’re a Permanent Resident, you must live inside Canada to be eligible as a sponsor;

 

To qualify for the Spousal Sponsorship, you must meet the following requirements: 

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  • Your relationship is genuine (real) and was not entered into primarily for the purpose of acquiring Permanent Residence

  • If your spouse or common-law partner is applying in the Spouse or Common-law Partner "In Canada class", he or she must cohabit (live) with you in Canada 

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You may not be eligible to sponsor your spouse, common-law, or conjugal partner to Canada if you:

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  • are currently in prison

  • have not paid alimony or child support payments

  • have declared bankruptcy and are not yet released

  • received social assistance for reasons other than a disability

  • failed to pay back an immigration loan, made late payments or missed payments

  • have previously sponsored another relative and failed to meet the terms of the sponsorship agreement

  • have been convicted of a violent crime, any offence against a relative or any sexual offence, depending on details of the case

How Long Does the Sponsorship Process Take? 

For Spousal Sponsorship applications, the IRCC has a processing standard of 12 months. However, processing times can take longer depending on the nature of your case (i.e. whether you’re applying under the Family Class, Under Spouse, or Common-Law Partner in Canada Class). You may also experience delays if your case is complicated or if the visa officer requires more information regarding your relationship. The best way to ensure your sponsorship application is processed as quickly as possible is to do it right the first time. Our firm can help you get it done right the first time.

Minimum Income Requirements to Sponsor:

An individual must demonstrate that are able to financially support their sponsored family member when they become a permanent resident. 

 

There is no low-income-cut-off (LICO) to sponsor a spouse or partner. However, if your spouse or partner has as dependent child who has dependent children of their own (in which, you are sponsoring), then you must meet a minimum LICO score, which is determined by the Canadian government each year.

Sponsorship Application Refusal?

Contact Our Firm for more information about the Spousal Sponsorship application process or for assistance in preparing an application or appealing a refused application.

Inadmissible to Canada?

Are you inadmissible to Canada due to : 

  • Criminality 

  • Medical 

  • Misrepresentation 

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Contact our firm for assistance in overcoming inadmissibility, sponsoring your partner or providing representation at a Sponsorship Appeal.

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