Spousal Sponsorship

Family Class and Spouse or Common-Law Partner

Table of contents

SPOUSAL SPONSORSHIP COURSE

How to sponsor a spouse, common-law, or conjugal partner to Canada?

If you are a Canadian Citizen or a Permanent Resident (PR), you can sponsor your spouse, common-law partner, or conjugal partner to Canada. Once your Spousal Sponsorship application is approved, the sponsored person can receive Permanent Residence in Canada.

There are two legally distinct types of Spousal Sponsorship applications in Canada:

  • Family Class (Outland); and

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

There are a number of reasons why you would choose one application type over the other. For example, if the sponsored person resides outside Canada you would need to go with the Family Class Spousal Sponsorship application, and not with the SCLP. Also, the type of application determines whether the sponsored person is eligible for an open spousal work permit and whether you have a right of appeal if Immigration refuses your application.

How to choose between Inland and Outland Spousal Sponsorship?

Who can sponsor their spouse or partner to Canada?

To apply for Spousal Sponsorship, the sponsor must be a Canadian citizen, a Permanent Resident in Canada, or a person registered in Canada as an Indian under the Canadian Indian Act.

The sponsor also must satisfy the following eligibility requirements:

  • Must be at least 18 years old;

  • 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 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 (IRPR, s 130(2));

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

  • If you live outside Quebec: You must promise to financially take care of the persons you are sponsoring for a period of time;

  • If you live in Quebec: You must meet Quebec’s immigration sponsorship requirements after you are approved you as a sponsor. You also must sign an undertaking with the province of Quebec.

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

  • You were yourself sponsored less than 5 years ago;

  • You have prior undertakings that are still in effect,

  • You are receiving social assistance for reasons other than for disability,

  • You are in bankruptcy,

  • You failed to repay certain debts or in default of a previous sponsorship undertaking,

  • You are detained in jail or prison,

  • You have criminal convictions for certain types of crimes against relatives or any sexual offence inside or outside of Canada.

Definitions of spouse, common-law, and conjugal partner

Definition of a Spouse:

Spouse means either of the two people (opposite or same gender) in a marriage that is legally recognized in the country where it took place, and that is also legally recognized in Canada.

*IRCC no longer recognizes marriages performed outside of Canada by proxy, telephone, fax, internet and other forms of marriage where one or both persons weren’t physically present at the ceremony.

Definition of a Common-Law Partner:

Common-Law Partner means a person who has been living in a conjugal relationship (a conjugal relationship exists when there is a significant degree of commitment between two people who have had marital relations) with another person (opposite or same gender), continuously for at least one year. To show that you are in a common-law relationship, you must submit proof that you share the same home, support each other financially and emotionally, have children together (if applicable), and present yourselves in public as an exclusive couple.

Definition of a Conjugal Partner:

A conjugal partner is a person who is living outside Canada, is in a conjugal relationship with a sponsor for at least one year, and could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation.). This term applies to both heterosexual and homosexual couples. In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse. Also, a significant degree of attachment and mutual interdependence between both partners must be shown. The couple must submit proof of the obstacles or restrictions that are preventing them from living together or getting married.

Spousal Sponsorship Application Process

The application process for outland and inland spousal sponsorship application is the same. So whether you’re applying under the Family Class (FC1) or under the Spouse or Common-Law Partner in Canada (SCLP) you will be following the same steps.

In a spousal sponsorship application there are always at least two applicants - the Canadian Sponsor, and the Principal Applicant (the person being sponsored to Canada). IRCC will assess each applicant separately and render a decision with respect to both applicants. Below you may find a typical flow of the application process:

STEP 1. Access the Documents checklist from the official IRCC website* and the Principal Applicant will create a PR Portal accouunt

* Documents checklists are country-specific. Make sure you rely on the correct documents checklist.

STEP 2. Collect the necessary supporting documents and fill out the online immigration forms in the PR Portal;

STEP 3. Submit your complete spousal sponsorship application (it is now mandatory to file online in the PR Portal);

STEP 4. IRCC screens the application for completeness and verifies the eligibility of the Sponsor;

STEP 5. Once eligibility is verified, IRCC issues the AOR and assesses the Principal Applicant’s admissibility to Canada.

STEP 6. IRCC will assess the application to determine whether they believe that it is a genuine relationship and will decide whether to refuse the application, ask for further information or request an interview, or approve the application.

How Much Does It Cost to Sponsor a Spouse (or Partner) to Canada?

There are a number of fees you will have to pay with your Spousal Sponsorship application, including the sponsor’s application fee, principal applicant processing fee, and a right of permanent residence fee (RPRF). The Principal applicant will also need to pass the medical exam and submit biometrics:

  • Sponsorship fee ($75);

  • Principal applicant processing fee ($490);

  • Right of permanent residence fee ($515);

  • Medical Exam (approximately $250);

  • Biometrics fee ($85);

  • Dependent child (if applicable) ($150).

On top of these expenses, applicants for Spousal Sponsorship must take into account expenses associated with collecting the supporting documents and police certificates and obtaining certified translations (if applicable). The Sponsor must also be able to show that he/she can provide basic needs for him/herself, his/her spouse or partner, and spouse or partner’s dependent child(ren) (if applicable).

Need help with your Spousal Sponsorship application?

How long does the Spousal Sponsorship process take?

IRCC has a processing standard of 12 months for Spousal Sponsorship applications. However the processing times vary significantly on whether you’re applying under Family Class or under Spouse or Common-Law Partner in Canada Class. Also, the processing times depend on whether you filed your Spousal Sponsorship application online or by mail.

You may check processing times for Spousal Sponsorship applications using the tool on IRCC website.

If you believe you are experiencing unreasonably long processing times with your Spousal Sponsorship application, you can book a consultation with an Immigration Lawyer to see what options might be available to you. For example, depending on your situation and duration of the delay you may:

How Can I Hire a Canadian Spousal Sponsorship Lawyer?

If you need assistance with your Spousal Sponsorship application, you can hire one of our Canadian Immigration Lawyers at Holthe Immigration Law. Our lawyers at Holthe Immigration Law will assist you with identifying and resolving any potential legal challenges, determining if you are eligible to be a sponsor and providing advice if your spouse might be inadmissible to Canada. We’ll also work with you, one on one, to review your supporting documents, immigration forms, letters of explanation, and the way that you are preparing your application.

We work with our Spousal Sponsorship clients through a Collaborative Review Approach, which allows us to reduce our legal fees and keep delivering superb experience. With this representation model, you do the technical work of collecting the documents and entering your information into the forms. At the same time, our law firm does the legal work. We provide you with educational materials, video instructions, training, legal support and assist you throughout the process, addressing any legal challenges you may have. By hiring a Canadian Immigration Lawyer at Holthe Immigration Law you ensure you always have a lawyer working with you collaboratively to review and revise your Spousal Sponsorship application until it is ready for submission.

Before you can retain one of our Canadian Immigration Lawyers to work with you on your application, we require that you book an initial paid consultation. During the consultation the lawyer will identify potential legal issues and determine if we are in a position to help you with your immigration matter.