Canada Spouse Visa
How a Canadian citizen or permanent resident can sponsor their spouse or partner to come to Canada?
If you’re a Canadian citizen or permanent resident with a spouse, common-law partner, or conjugal partner outside Canada, spousal sponsorship Canada could be an option for you to sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class .
Who Can You Sponsor? (Eligibility for the Sponsored Person)
While the eligibility of the sponsor (the Canadian citizen or permanent resident) is crucial, the person being sponsored (the spouse, common-law partner, or conjugal partner) must also meet specific requirements to be approved for permanent residence in Canada.
Key Eligibility Requirements for the Sponsored Person:
Age: The sponsored person must be at least 16 years old. While IRCC doesn’t explicitly state an upper age limit, it’s important to be aware that very young applicants (under 18) may face additional scrutiny to ensure the relationship is genuine and not a case of exploitation.
Admissibility to Canada: The sponsored person must be admissible to Canada. This is a critical requirement and means they cannot have:
A Criminal Record: Past criminal activity, both inside and outside Canada, can render someone inadmissible. Certain offences may be waivable with a Temporary Resident Permit (TRP), but this is not guaranteed.
Security Concerns: Involvement in organized crime, terrorism, or other activities that pose a threat to Canadian security will result in inadmissibility.
Medical Inadmissibility: Certain medical conditions can make someone inadmissible to Canada if they pose a danger to public health or safety, or if their medical treatment would place excessive demand on Canadian healthcare resources. IRCC assesses medical inadmissibility on a case-by-case basis. A medical exam by a panel physician is required.
Genuine Relationship: The relationship between the sponsor and the sponsored person must be genuine and not entered into primarily for the purpose of gaining Canadian immigration status. IRCC takes this requirement very seriously and will carefully scrutinize the relationship to ensure it is authentic.
Intent to Reside in Canada: The sponsored person must have a genuine intention to live in Canada permanently if their application is approved. They cannot use the spousal sponsorship program as a means to gain permanent residence and then live elsewhere.
Not Inadmissible for Other Reasons: The sponsored person cannot be inadmissible to Canada for any other reason under the Immigration and Refugee Protection Act (IRPA). This could include misrepresentation (providing false information on their application) or previous immigration violations.
Important Considerations:
Dependent Children: If the sponsored person has dependent children, those children can also be included on the sponsorship application, provided they meet the definition of “dependent child” under Canadian immigration law.
Previous Sponsorships: If the sponsored person was previously sponsored to come to Canada as a spouse or partner, there may be restrictions on their ability to sponsor someone else in the future.
One of the most critical aspects of a spousal sponsorship application is proving to Immigration, Refugees and Citizenship Canada (IRCC) that your relationship is genuine and not solely for the purpose of gaining Canadian immigration status. IRCC takes this requirement extremely seriously, and applications are often refused if the officer is not convinced that the relationship is authentic.
Why Does IRCC Care So Much About Genuine Relationships?
IRCC’s focus on genuine relationships stems from the need to prevent marriage fraud. Marriage fraud occurs when someone enters into a marriage or common-law partnership primarily for the purpose of gaining Canadian immigration status, with no real intention of building a life together. Marriage fraud undermines the integrity of the Canadian immigration system and can have serious consequences for both the individuals involved and the Canadian public.
What is a “Genuine” Relationship?
A genuine relationship is one that is based on love, affection, commitment, and a shared intention to build a life together as a couple. It is a relationship where both partners are emotionally invested in each other’s well-being and are committed to a long-term future together.
What Evidence You Can Provide To Prove Your Relationship is Real?
To convince IRCC that your relationship is genuine, you will need to provide a wide range of evidence demonstrating the authenticity of your relationship. The more evidence you can provide, the stronger your application will be. Here are some examples of evidence you can include:
Photos Together: Photos showing you and your partner together over time, in different locations, and with family and friends. The photos should show the evolution of your relationship and demonstrate that you are a couple.
Communication Records: Copies of emails, text messages, letters, and social media messages exchanged between you and your partner. These records should show the nature of your communication and the depth of your connection.
Travel Records: Copies of plane tickets, hotel reservations, and other travel documents showing that you have traveled together.
Joint Financial Accounts: Statements from joint bank accounts, credit cards, or other financial accounts that you share with your partner.
Joint Ownership of Property: Documents showing that you jointly own property, such as a house or a car.
Affidavits from Friends and Family: Letters from friends and family members who can attest to the genuineness of your relationship. The affidavits should provide specific details about how they know you as a couple and what they have observed about your relationship.
Evidence of Shared Responsibilities: Documents showing that you share responsibilities, such as household chores, childcare, or caring for pets.
Detailed Relationship Timeline: A detailed timeline outlining the key events in your relationship, from when you first met to the present day. This timeline should include dates, locations, and specific details about your relationship.
Evidence of Support During Difficult Times: Evidence that you have supported each other through difficult times, such as illness, job loss, or family emergencies.
Social Media Presence: While not determinative, a shared social media presence (e.g., couple photos, relationship status updates) can provide additional supporting evidence.
Gifts and Cards: Photos or copies of cards and gifts exchanged between you and your partner.
Phone Records: Detailed phone records showing frequent communication between you and your partner.
Common Address: Proof that you live at the same address (lease agreement, utility bills, etc.).
Red Flags: What IRCC Looks For
IRCC officers are trained to identify potential red flags that may indicate a marriage of convenience. Some common red flags include:
Large Age Gaps: Significant age differences between the sponsor and the sponsored person can raise suspicion.
Short Relationships: Relationships that are very short in duration may be viewed with skepticism.
Lack of Shared History: A lack of shared experiences, memories, and photos can suggest that the relationship is not genuine.
Cultural or Language Barriers: Significant cultural or language barriers can make it difficult to establish a genuine relationship.
Inconsistent Information: Inconsistencies in the information provided by the sponsor and the sponsored person can raise red flags.
Lack of Knowledge About Each Other: A lack of basic knowledge about each other’s lives, families, and backgrounds can suggest that the relationship is not genuine.
Previous Immigration Violations: If either the sponsor or the sponsored person has a history of immigration violations, it can raise concerns about their intentions.
Sponsor Receiving Social Assistance: While not an automatic bar, it raises concerns about the sponsor’s ability to financially support their spouse.
Overcoming Red Flags:
If your relationship has any of these red flags, it is important to address them proactively in your application. Provide a clear and compelling explanation for the red flag and provide as much supporting evidence as possible to demonstrate that your relationship is genuine. Get in touch with our Spouse visa experts in Canada to help you out.
What Is Spousal Sponsorship Agreement
The Canada Spousal Sponsorship agreement is an agreement signed by the sponsor and the person being sponsored. It’s an agreement that:
- The sponsor will cater to the basic needs of the sponsored person
- The spouse or partner you sponsor will do their best to provide for themselves and their family members
- If you reside in Quebec, there are Quebec’s immigration and sponsorship requirements that you must meet to become a sponsor. The province of Quebec also assesses your finances and requires you to sign an additional undertaking with the province.
- Prove that the relationship you’re having with the person you want to sponsor is real:
- Spouse: Prove you’re legally married and be at least 18 years of age
- Common-law partner: must be at least 18 years of age and have lived together continuously for at least one year – provide proof of your common-law relationship
- Conjugal partner: at least 18 years of age and have been in a relationship for at least 1yr. You have to prove that you couldn’t live together as common-law partners or get married.
Duration of the Undertaking:
The undertaking period for spousal sponsorship is three (3) years from the date your sponsored spouse/partner becomes a permanent resident of Canada. This means that you are financially responsible for them for three years, regardless of any changes in your relationship status.
Inland vs. Outland Sponsorship: Which is Right for You?
When applying for spousal sponsorship, one of the first decisions you'll need to make is whether to apply through the Inland Sponsorship process or the Outland Sponsorship process. The best option for you will depend on your individual circumstances and priorities.
What is Inland Sponsorship?
Definition: Inland Sponsorship is when the person being sponsored (the spouse, common-law partner, or conjugal partner) is already living in Canada and applies for permanent residence from within Canada. They are typically in Canada on a visitor visa, work permit, or study permit.
What is Outland Sponsorship:
Definition: Outland Sponsorship is when the person being sponsored is living outside of Canada and applies for permanent residence from outside of Canada.
Which Option is Right for You?
Here's a table summarizing the key differences:
| Feature | Inland Sponsorship | Outland Sponsorship |
| Location of Applicant | Already in Canada | Outside of Canada |
| Processing Time | Generally Slower | Potentially Faster |
| Travel | Limited - Must Remain in Canada | More Flexible - Can Generally Travel |
| Work Permit | Potential for Open Work Permit | No Open Work Permit |
| Appeal Options | Potential Appeal to IAD (if status is maintained) | Limited Appeal Options |
Consider Inland Sponsorship if:
Your spouse/partner is already legally in Canada and wants to remain here during processing.
You are willing to wait longer for a decision.
Your spouse/partner is eligible for an open work permit.
Consider Outland Sponsorship if:
Your spouse/partner is living outside of Canada.
You want a potentially faster processing time.
Your spouse/partner needs to travel frequently.
Canadian Spousal Sponsorship Requirements
To qualify as a sponsor for your spouse, common-law partner, or conjugal partner, you must meet the following requirements set by the IRCC:
- Prove that you can provide for the basic needs of your partner
- Show that you’re not getting social assistance unless it’s for disability
- Be 18 years and above
- Be a permanent resident, a Canadian citizen, or registered as an Indian under the Canadian Indian Act. Note that:
- You can’t be a sponsor if you’re a permanent resident residing outside Canada
- You can be a sponsor if you’re a Canadian citizen living outside Canada, but you have to prove that you plan to move back to Canada if your partner/spouse is granted permanent residence
- If you’re sponsoring a spouse with a dependent child who has a dependent child or children of their own, you have to meet the minimum LICO requirements to prove that you can support them financially
- When completing your application, you must sign the undertaking and sponsorship agreement. As the sponsor, you sign the undertaking promising that:
- You’ll provide financial assistance to your partner or spouse for three years even if your relationship ends
- You’ll pay back any provisional social aid offered to the sponsored partner/spouse within the undertaking period(3yrs)
Additional Points to Consider
- Waiting Period: If you were sponsored by a spouse or partner, you cannot sponsor someone else until five years have passed since you became a permanent resident.
- Financial Responsibility: The sponsor is financially responsible for the sponsored person for three years after they become a permanent resident.
- Genuine Relationship: You can sponsor your spouse, common-law partner, or conjugal partner if your relationship is genuine and not solely entered into for obtaining immigrant status in Canada.
Defining Spouse, Common-law Partner, and Conjugal Partner for Sponsorship
- Spouse: A spouse refers to a partner with whom you are legally married, encompassing both opposite- and same-sex marriages.
- Common-law Partner: A common-law partner is not legally married to you but has lived with you continuously for at least 12 months.
- This includes both opposite- and same-sex relationships.
- Conjugal Partner: A conjugal partner is someone who has had a binding relationship with you for at least one year, but could not live with you for certain reasons.
- It is essential to note that individuals living in Canada cannot be sponsored as conjugal partners.
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Why Spousal Sponsorship May Not Be Approved
The following might render you ineligible to sponsor your partner or spouse:
- You were convicted of a violent criminal offence, sexual crime, or any offence against your family members within or outside Canada
- If you’ve been a permanent resident for less than five years and you were sponsored by a spouse or partner
- You’re still accountable for another partner or spouse that you sponsored (3-year undertaking agreement)
- Have been issued a Removal Order
- Are currently convicted
- Failed to repay an immigration loan or make legally bound family support payments
- Was unable to provide basic and financial needs when you sponsored someone else
- Declared bankruptcy
How to Apply for Spousal Sponsorship Canada
1) Confirm Eligibility
Check the minimum eligibility requirements for both you and the spouse or partner that you want to sponsor. Make sure you’re eligible to apply for spousal sponsorship before proceeding.
2) Get the Application Package
Acquire the most recent spousal sponsorship package and complete filling the forms. The application package consists of:
- Forms for the sponsor (sponsorship request) and the partner or spouse (permanent residence application) being sponsored to fill out
- A document checklist to ensure that you and the person you want to sponsor attach all the required documents
- An instruction guide to help you and the person you wish to sponsor complete the spousal sponsorship forms
3) Submit Sponsorship Application
After filling the forms, attaching all the required documents, thoroughly reviewing them, and making the necessary payments, submit both the sponsorship request and permanent residence application together through the given mailing instructions or via courier services.
4) Provide Additional Information
Once IRCC receives your sponsorship application, they may request more information from the spouse/partner during processing. This includes medical examinations, police certificates, and biometrics.
Spousal Sponsorship Application Help
Spouse Visa Canada Processing Time
The current processing time of the Canadian spousal sponsorship application is 12 months.
Spousal Sponsorship Checklist
- Make sure you are eligible to be a sponsor and the person you want to sponsor is also eligible
- Ensure you have the necessary documents and any other proof required to prove your relationship
- Make sure you pay the right fees and through the correct channels
- Complete the sponsorship forms as stipulated and send them to IRCC together
Canadian Spousal Sponsorship Costs
| Type of Fee | Amount in $CAN |
| Spouse/Partner Sponsorship Fee | 75 |
| Applicant’s Processing Fee | 475 |
| Spouse/Partner Right of Permanent Residence | 490 |
| Include a spouse’s/Partner’s Dependent Child | 150 per child |
| Biometrics(When requested) | 85 |
How We Can Help With Spousal Sponsorship Canada
Knowledge and experience with the IRCC Spousal Sponsorship is the key to success, and we can proudly say that we possess both. If you’re looking to reunite with your spouse, common-law partner, or conjugal partner, we will be happy to offer our expert services. We will help you through the whole process, starting from determining your eligibility to handling all your sponsorship and permanent residency paperwork.
Jane Katkova & Associates – Canadian Immigration, Global Mobility Experts for more details about the spousal sponsorship program and how we can be of assistance.
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Canada Spousal Sponsorship FAQs
Here are some frequently asked questions about the spousal sponsorship process:
What if my spouse is refused?
If your spousal sponsorship application is refused, you will receive a letter from IRCC outlining the reasons for the refusal. The options available to you depend on the specific circumstances:
Inland Sponsorship (Spouse in Canada with Valid Status): You may have the right to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). The IAD will review the decision and provide you with an opportunity to present your case.
Outland Sponsorship (Spouse Outside Canada) or Inland Sponsorship (Spouse Without Valid Status): Appeal options are limited. You may be able to apply for judicial review to the Federal Court of Canada, but this is a complex and expensive process.
In either case, it's crucial to carefully review the refusal letter, understand the reasons for the refusal, and seek legal advice from an experienced immigration lawyer or consultant to determine the best course of action. Addressing the concerns raised by IRCC and re-applying may be an option in some cases.
What if we get divorced during the sponsorship process?
If you get divorced before your spouse becomes a permanent resident, the sponsorship application will likely be refused. You are no longer considered a spouse, and the basis for the sponsorship no longer exists. If you get divorced after your spouse becomes a permanent resident, the sponsor is still obligated to fulfill the terms of the sponsorship undertaking (typically 3 years).
Can I sponsor my same-sex spouse?
Yes, Canada recognizes same-sex marriages and common-law partnerships for immigration purposes. The spousal sponsorship process is the same for same-sex couples as it is for opposite-sex couples. You will need to provide the same evidence to demonstrate the genuineness of your relationship.
What if my spouse has children from a previous relationship?
You can include your spouse's dependent children on the sponsorship application. The children must meet the definition of "dependent child" under Canadian immigration law. You will need to provide additional information and documentation for each child, including birth certificates, custody documents, and adoption papers (if applicable). You will also need to demonstrate that you have sufficient financial resources to support your spouse and their dependent children.
Can I sponsor my spouse if I am living outside of Canada?
Yes, Canadian citizens living outside of Canada can sponsor their spouse, common-law partner, or conjugal partner, but you must demonstrate that you plan to return to Canada to live with your spouse once they become a permanent resident. You will need to provide evidence of your intention to return to Canada, such as a job offer, proof of property ownership, or evidence of family ties in Canada. Permanent residents of Canada cannot sponsor their spouse if they are living outside of Canada.
What if I have a criminal record?
Having a criminal record does not automatically disqualify you from sponsoring your spouse, but it can significantly impact your eligibility. IRCC will assess the nature and severity of the offence, the length of time that has passed since the offence was committed, and your rehabilitation. If you have been convicted of a violent or sexual offence, or an offence against a family member, you will likely be deemed ineligible to sponsor your spouse. It is essential to be honest about your criminal record and provide any relevant documentation, such as court records or rehabilitation certificates. Consulting with an immigration lawyer in toronto is highly recommended.
This message is for informational purposes only. If you have any questions, please contact the immigration case manager with whom you work at Jane Katkova and Associates or send an email to support@katkova.com.
Jane Katkova – Brown
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