Canadian spousal sponsorship

Canadian spousal sponsorship is one of the ways non-Canadians can enter and reside in the country. The guiding law is the Immigration and Refugee Protection Act (IRPA) as well as certain provincial laws.  

If you’re considering sponsoring a spouse, this guide should offer a clearer look at how the Family Reunification process works. 

Brief overview of Canadian spousal sponsorship 

There are three main parties in a Canadian spousal sponsorship:  

• the sponsor 
• the recipient or person getting sponsored 
• the Canadian government 

The government sets the rights and obligations of the parties before the recipient may enter or stay in Canada. 

Through the spousal sponsorship, Canadian citizens, permanent residents, or persons registered under the Canadian Indian Act can sponsor their partners. An approved sponsorship lets the recipient become a permanent resident.  

Sponsorship is approached through these factors: 

• Location of the recipient – whether the recipient is already in Canada or not 
• Location of the sponsor – whether provincial laws apply or not 
• Status of the sponsor – whether the sponsor is a Citizen or permanent resident 
• Status of the spouse – whether the recipient is a spouse, partner, or other 

Even after marriage, there is no instant way of immigrating to Canada. The applicable laws depend on where you stand in any of these categories. In all cases, however, the law requires proof of commitment between the couple.  

Who can sponsor under Canadian spouse sponsorship? 

Canadian spousal sponsorship requires that the sponsor possess all the qualifications and none of the disqualifications set by law. Here’s a table of the qualifications and disqualifications under the law: 

Family sponsorships may extend these requirements. Also, sponsors in Québec must consider different or additional rules for sponsorship.  

For Québec-based sponsors, the following disqualifications do NOT apply: 

• Behind on payments for an immigration loan, performance bonds, or court-ordered family support payment 

• Did not provide financial support even after an undertaking during a previous sponsorship agreement 

• Declared bankruptcy and not yet discharged 

The differences between Québec provincial laws and federal laws mean you will need immigration lawyers expert in Québec regulations. In all cases however, failure to meet requirements prevents a sponsor from sponsoring a spouse.  

If a sponsor passes through all these requirements, the following distinctions are important to remember: 

Spouse vs. partner recipient 

The sponsor doesn’t always have to be married to the recipient. For purposes of Canadian spousal sponsorship, the following persons may be considered the spouse: 

• A person of the opposite or similar gender who is married to the sponsor. The marriage must be legally recognized in Canada and in the country where it took place. Religious marriages do not qualify. 

• The common-law partner of the same or opposite gender. The two must continuously live together in a conjugal relationship for 12 months or more. Legal marriage is not necessary. 

• The conjugal partner of a similar or opposite sex. The conjugal partner is someone with whom the sponsor has a conjugal relationship for 12 months or more. Marriage is not necessary. 

Conjugal relationships mean that there is a significant degree of commitment between the two people who have had marital relations. But what’s the difference between a common-law and a conjugal partner? A common-law partner is living with the sponsor while the conjugal partner cannot live with the sponsor due to certain obstacles. 

This distinction becomes important when applying for Canadian spousal sponsorship. 

Inland vs. outland sponsorship 

Inland sponsorship applies if the sponsor and the recipient are both residing in Canada. Both parties must stay in Canada while the application is being processed. In contrast, outland sponsorships happen when only the sponsored recipient is living abroad. 

The rules are slightly different for Canadian citizens. A citizen sponsor and recipient both residing in Canada can apply for outland sponsorship. This lets them travel outside of Canda during the application process. However, permanent residents must stay in Canada whether they use inland or outland sponsorship. 

Conjugal partnerships must apply through outland sponsorship regardless of the citizenship of the sponsor. 

Here's a video to give you a better idea of how this works: 

What is the new rule for spouse visa in Canada? 

As of January 1, 2025, new rules have been introduced in Canadian spousal sponsorship affecting temporary residents. This could impact the sponsorship of temporary residents. 

Until recently, temporary residents did not qualify for Canadian spousal sponsorship. Their spouses could come to the country as visitors and get Open Work Permits (OWP). Before 2025, the rules for the grant of OWPs were lax. 

Now, temporary residents must meet specific rules before their spouses are granted OWPs. This is done to protect and prioritize certain aspects of the labor market.  

If you are a temporary resident, an OWP for your spouse will only be possible if you meet any of the following criteria: 

Certain exceptions apply. For example, workers covered by free-trade agreements like the Canada-United States-Mexico Agreement (CUSMA) are exempt from these new laws. Temporary residents who are already transitioning to permanent status are also exempt from these requirements. 

Interview for Canadian spousal sponsorship 

The interview process is when the immigration officer determines if the sponsor and recipient are really in a committed relationship. If there is enough documentary evidence, an interview may not be necessary.  

An interview is not a bad sign for your application. It’s just a simple way of clarifying any questions the officers might have. 

During the interview, the sponsor and recipient will be taken to separate rooms. This will help prevent coaching from either party. Common questions include: 

• Description of how the relationship started and how long it has been going 
• Questions about your partner such as occupation, work experience, education, family background, etc. 
• Questions about each other’s family and how you’ve met their family 
• Date, time, and description of the wedding 
• Each other’s favorite food, shows, hobbies, and other personality quirks 

The interviewer will get personal with the questions. Here’s a guide that should help with the preparation process:

How long does it take to sponsor a spouse in Canada? 

Canadian spousal sponsorship applications may take up to 12 months until a decision is made by the federal or provincial government. While many cases fall within this timeframe, others tend to take longer.  The timeline would ultimately depend on the nature and circumstances surrounding each case. 

A Canadian spousal sponsorship may be processed faster if all information needed by the government is properly disclosed. Also, being open and not withholding damaging information can help in the process. Coordination from the recipient’s home country could also speed up the process of approval. 

Denials of Canadian spousal sponsorship 

Unfortunately, not all Canadian spousal sponsorship efforts end in approval. Denials can be due to any of the following: 

• The sponsor is ineligible because they are not qualified or possess some of the disqualifications previously discussed. 
• There are lacking or inadequate documents. 
• There is no significant commitment between the two parties. 
• When the recipient is disqualified from Canadian spousal sponsorship. 

Sponsors can withdraw their application for sponsorship while it is pending. Once it is granted, however, the application cannot be withdrawn.  

If the government issues a denial, the remedy depends on the manner of application or the reason for denial: 

• denial of inland sponsorship: re-apply 
• denial of outland sponsorship: you can file an appeal, but this is possible only if there is new evidence or if there was a mistake in the initial process 

An appeal is a continuation of the initial application and would primarily depend on the evidence already submitted. 

If there are significant changes to your Canadian spousal sponsorship, then a re-application is better. The right move is often a strategic decision of the lawyer involved in the process.  

Reasons for disqualification 

Recipients of Canadian spousal sponsorship may be disqualified for several reasons, such as: 

• security issues 
• medical conditions 
• financial conditions 
• having an inadmissible family member 
• misrepresentations on the application 

They can also be denied if found in violation of human or international rights. Denial is also likely if the person committed or organized a crime or even became a member of organizations conducting criminal activities. 

Perhaps the most prominent reason for denial is that the relationship is fake. Relationships entered for the sole purpose of bringing a person in Canada will automatically be rejected. 

How much it will cost to sponsor a spouse in Canada? 

The cost of Canadian spousal sponsorship goes beyond the fees required during the initial application. The sponsor will also be taking responsibility for the recipient for a number of years.  

Payment of administrative fees 

Here’s a breakdown of the fees associated with Canadian spousal sponsorship: 

Additional provincial fees may apply, depending on where the sponsor is located. 

Income requirements 

There is no minimum income required from the sponsor. An exception is when the recipient has a dependent child and the said dependent has one or more children of their own. In this case, the sponsoring spouse must prove that they are able to provide for these members of their new family. 

Rights and obligations of the sponsor and recipient 

Despite the lack of a minimum income requirement, the sponsor needs to sign an undertaking. In this undertaking, the sponsor promises to be financially responsible for the recipient for three years. The period is counted from the moment the recipient’s application is granted. 

The undertaking is a continuing obligation of the sponsor. In fact, sponsors must still follow the terms of the undertaking even if any of the following happens: 

• the relationship ends by way of divorce, separation, or some other means 
• the sponsor’s financial capacity decreases 
• the recipient becomes a Canadian citizen 
• sponsor withdraws the application for sponsorship after approval 

A way to void the undertaking is to withdraw the application. This is only possible if there is no decision on your Canadian spousal sponsorship yet. 

Permanent residency to citizenship in Canada 

Canadian spousal sponsorship grants the recipient permanent residency. However, it does not grant the recipient citizenship, which is a completely different process. After successfully obtaining permanent residence, applying for citizenship is possible with the help of a good immigration lawyer. 

Contact a lawyer for detailed advice on Canadian spousal sponsorship. Look through our directory of the best Immigration lawyers in Canada.