Through the Spouse Sponsorship program, Canadian citizens and permanent residents can bring their common-law partners or spouses to Canada as Permanent Residents. When partners are sponsored, this visa category enables spouses to join, reside, work, and establish their permanent life in Canada.
Eligible Relationships
To immigrate to Canada, the following relationships with a citizen or permanent resident are equivalent:
- Spouse: Legally married with recognized validity, regardless of past locations or multiple marriages elsewhere.
- Common-Law Partner: Cohabitation in a conjugal relationship for a year, including shared finances.
- Conjugal Partner: Eligible if prevented by law or other factors from spouse/common-law partner categories. Not for unwilling separations or concurrent partnerships.
Eligibility Requirements:
- The sponsor must prove Canadian citizenship or permanent residency.
- Willingness to initiate the sponsorship application for the partner is necessary.
- Both sponsor and partner must be at least 18 years old during application (except in cases where local laws permit minors to marry).
- Partners must fall within family categories: spouse, common-law partner, or conjugal partner.
- Financial capability to support both parties is crucial, backed by a Sponsorship Agreement ensuring financial aid for three years after permanent residency approval.
You will not be eligible if:
- Receiving social assistance unrelated to disability.
- If sponsored within the last five years, you must wait for your five-year anniversary of becoming a permanent resident to sponsor a new partner.
- Within three years of sponsoring a previous spouse's permanent residency.
- Past failure to fulfill a Sponsorship Agreement.
- Violation of court orders for alimony or child support.
- Prior marriage at the time of application, even if plural marriage isn't illegal where the marriage occurred.
- Convictions of violent or sexual crimes, or even attempts.
- Defaulting on immigration loan payments.
- Incarceration or Canada Removal Order.
- Recent bankruptcy, unless fully discharged before application.
Financial Responsibilities:
Sponsors sign a three-year Sponsorship Agreement, committing to financially support their partner, which remains even in case of separation. While minimum income requirements generally don't apply, some cases necessitate providing sufficient resources for both families' needs. If a partner has dependent children, additional support must be shown.
There are Two Types of Applications for Spouse & Common-Law Sponsorship
- Outland Spousal Sponsorship: your application will be processed through the visa office in the sponsored spouse's country of citizenship or where they legally reside (if outside Canada). If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category. Applying under this category will make you eligible to Appeal a refusal. You will not have rights to appeal for an Inland Spousal Application.
- Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): your application will be processed in Canada and you and your sponsor MUST live together. The person being sponsored MUST have temporary status in Canada as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit.
Important information on Refused Spousal Sponsorship applications
- Spouse (husband, wife, partner- marriage must be legally recognized)
- Common-law Partner (person you are living with but not married to)
- Conjugal Partner (if your partner does not qualify under the Spouse or Common-Law category but you are in a committed relationship equal to that of a marriage for at least 1 year. There must be extenuating circumstances why you cannot live together- job location, studying abroad, inability to obtain visa to Canada are NOT good enough reasons)
