Spousal Sponsorship

If you are a Canadian Citizen or a Permanent Resident in Canada, you can sponsor your spouse, common-law partner, or conjugal partner for Permanent Residency in Canada.

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Who can be sponsored for PR in Canada?

Your 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 (religious marriages do not suffice), and that is also legally recognized in Canada.

Your Common-law Partner

Common-law partner means a person who has been living in a conjugal relationship* with another person (opposite or same gender), continuously for at least one year.

Your 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 cannot live with the sponsor as a couple because of reasons beyond their control.

* a conjugal relationship exists when there is a significant degree of commitment between two people who have had marital relations.

There are two types of Spousal Sponsorship applications in Canada…

Outland Application

Family Class Application

  • Sponsor can live in Canada or abroad (if a Canadian citizen)

  • Can be used to sponsor your conjugal partner

  • Possibility to appeal (only if opted in)

  • Principal Applicant can not apply for an Open Work Permit

  • Principal Applicant can apply for a Visitor Visa or a Study Permit

Inland Application

Spouse or Common-Law Partner

  • The Sponsor must live in Canada

  • Can’t be used to sponsor your conjugal partner

  • No right of appeal if the application is refused

  • Possibility to apply for the Spousal Open Work Permit

  • The application can be put at risk if the Principal Applicant leaves Canada

Your choice matters!

If you do not qualify for the SCLP or the Family Class, it will take months for IRCC to open your application and return it to you. If you apply for either category, IRCC’s policy is that they will not allow you to switch categories after you submit your application. You will have to start over at the beginning and file a new application under the proper category. Choosing correctly between the SCLP or the Family Class is important.

Spousal Sponsorship process at a glance.

With IRCC’s "One-touch Policy" even a single minor mistake can lead to a refusal and you may lose your precious time and money having to resubmit the whole application from scratch. Even worse, you may lose your chance of immigrating to Canada forever. We are here to help you avoid this risk!

The application process for both Outland and Inland Spousal Sponsorship is almost identical. Whether you’re applying under the Family Class (FC1) or as a Spouse or Common-Law Partner in Canada (SCLP), you’ll 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 who is sponsored to Canada). Immigration, Refugees and Citizenship Canada (IRCC) assesses each person in the application separately and provides a decision for both - the Sponsor and Primary Applicant.

Step 1: Gather Required Documents

Access the country-specific documents checklist from the official IRCC website. The principal applicant should create a PR Portal account to manage and submit the application. Ensure you use the correct checklist to gather all necessary documents specific to your country of residence.

Step 2: Complete Forms and Collect Supporting Documents

Collect the necessary supporting documents and fill out the online immigration forms in the PR Portal. Supporting documents typically include proof of relationship (such as marriage certificates, photos, and communication logs), identification documents (passports, birth certificates), financial documents (proof of income, employment letters), and any additional documents specified in the country-specific checklist. Ensure all forms are accurately completed and signed.

Step 3: Submit the Application

Submit your complete spousal sponsorship application online through the PR Portal. It is now mandatory to file the application online. Double-check that all required documents are included and that the forms are correctly filled out to avoid delays in processing.

Step 4: IRCC Application Screening and Eligibility Verification

IRCC screens the application for completeness and verifies the eligibility of the sponsor. Once the sponsor's eligibility is confirmed, IRCC issues an Acknowledgment of Receipt (AOR) and begins assessing the Principal Applicant’s admissibility to Canada. This includes background checks and medical examinations to ensure compliance with immigration requirements.

Step 5: Relationship Assessment and Decision

IRCC assesses the application to determine the genuineness of the relationship. They may decide to approve the application, request additional information, or schedule an interview to gather more details. If IRCC believes the relationship is genuine, they will approve the application; otherwise, it may be refused.

Why you should hire a lawyer to assist with your Spousal Sponsorship application to Canada?

Our Canadian Immigration Lawyers will work directly with you, one-on-one, to review your immigration application forms, supporting documents and letters of explanation, and to make sure that your application is ready for submission.

With our Direct Lawyer-to-Client collaboration and our unique collaborative review 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 the necessary training and legal support, as well as 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.

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Frequently asked questions

You probably still have many questions about Spousal Sponsorship. We’ve got some answers for you here:

  • 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.

    You, as a Sponsor, also must satisfy the following eligibility requirements:

    Must be at least 18 years old;

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

    Be able to provide for the basic needs of any persons you want to sponsor;

    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 as a sponsor. You also must sign an undertaking with the province of Quebec.

  • The necessary documents include proof of relationship (e.g., marriage certificate, photos, communication logs), identification documents (passports, birth certificates), financial documents (proof of income), and any additional documents specified by the IRCC. Other documents may be required as well to proof the legitimacy of your relations.

  • Yes, if you apply under the Inland sponsorship category (SCLP), your spouse can apply for a Spousal Open Work Permit, allowing them to work in Canada while their application is processed. This is not typically available for Outland applications submitted under Family Class

  • Yes, you can sponsor your spouse if they are in Canada on a temporary visa (visitor, student, or worker). This would fall under the Inland spousal sponsorship category, and your spouse may also apply for an Open Work Permit​

  • To prove your relationship is genuine, provide documents such as marriage certificates, photos of time spent together, communication logs (emails, text messages), joint financial accounts, and affidavits from friends and family. The IRCC is strict in ensuring the relationship is not solely for immigration purposes​, so make sure you seek legal advice to reduce the risk of refusal due to not satisfying the officer on the legitimacy of your relations.

  • Common reasons for refusals include insufficient proof of a genuine relationship, incomplete or inaccurate application forms (even a tiny mistake or one missing signature can be fatal), and inability to meet financial requirements. It is essential to provide thorough and accurate documentation to avoid refusal​.

  • Yes, Canada recognizes same-sex marriages and common-law partnerships for spousal sponsorship applications.

  • Yes, only Canadian citizens living abroad can sponsor their spouse as long as they plan to return to Canada and live there with their spouse once the sponsorship application is approved. Permanent residents must be residing in Canada to sponsor a spouse​.