Family Sponsorship

If you are a Canadian citizen or permanent resident, you may sponsor your spouse, common-law partner, or conjugal partner to obtain permanent resident status in Canada.

Who is Spouse, Common-Law Partner, or Conjugal Partner?

These are distinct legal terms used in Canadian immigration to describe different types of relationships. Here’s the breakdown:

1. Spouse:A spouse is someone who is legally married to another person. This relationship is validated through a marriage certificate or equivalent documentation issued in the country where the marriage occurred. In immigration, the term "spouse" applies to both opposite-sex and same-sex marriages that are legally recognized.
2. Common-Law Partner:A common-law partner is a person who is in a committed, exclusive relationship but not legally married. The requirements vary by jurisdiction, but in Canada, individuals qualify as common-law partners if they have lived together in a marriage-like relationship for at least one year.
3. Conjugal Partner:A conjugal partner is someone in a committed, exclusive relationship who cannot marry or live with their partner due to circumstances such as immigration barriers or legal restrictions. This category is recognized when genuine couples face significant barriers to living together or marrying.

Who is Eligible to Sponsor a Spouse, Common-Law Partner, or Conjugal Partner?

To qualify as a sponsor, you must meet the following requirements:

• Be at least 18 years old.
• Be a Canadian citizen, permanent resident living in Canada, or a person registered under the Canadian Indian Act.
• Reside in Canada, or if you are a Canadian citizen living abroad, show proof of intent to return to Canada.
• Not receiving social assistance (except for disability reasons).
• Demonstrate the financial ability to meet your own basic needs, as well as those of your spouse/partner and any dependent children.

General Requirements for the Sponsored Person (Applicant)

• Age:Must be at least 18 years old.
• Relationship:Must be the spouse, common-law partner, or conjugal partner of the sponsor. The relationship must be genuine and not entered primarily for immigration purposes.
• Legal Status:Must have legal status in their current country of residence.
• Medical & Criminal Checks:Must complete a medical exam and provide police certificates to show no criminal history.
• Admissibility:Must be admissible to Canada (no serious criminal record, security issues, or certain medical conditions).
• Dependent Children:If included in the application, dependent children must also meet sponsorship eligibility criteria.

Who can not be a sponsor?

You may not be able to sponsor if you…

• have signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,
• are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,
• previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
• are in default on an immigration loan or a performance bond
• did not pay court-ordered alimony or child support
• receive social assistance for a reason other than a disability.
• have declared bankruptcy which has not been discharged
• were convicted of

• an offence of a sexual nature,
• a violent crime,
• an offence against a relative that caused bodily harm or
• threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
  • are under a removal order,
  • are in a penitentiary, jail, reformatory or prison,
  • have already applied to sponsor your current spouse or partner and haven’t received a decision

Who Can You Sponsor?

1. Spouse, Common-Law Partner, or Conjugal Partner
2. Dependent Child– A child qualifies as dependent if:

• They are under 22 years old and unmarried/not in a common-law relationship.
• If 22 or older, they may still qualify if:
  • They were financially dependent on their parents before turning 22, and
  • They cannot financially support themselves due to physical or mental condition.

Class of Application

If you are sponsoring your spouse, common-law partner, conjugal partner, or dependent child, you must apply under the Family Class. There are two main options:

1. Inland Sponsorship

Inland sponsorship applies when both the sponsor and the person being sponsored are already living in Canada.

Advantages:

• The sponsored person may be eligible for an open work permitwhile the application is being processed, allowing them to live and work in Canada during the waiting period.

Considerations:

• If the sponsored person leaves Canada during processing, re-entry may be difficult until the application is approved.

2. Outland Sponsorship

Outland sponsorship is used when the sponsored person resides outside of Canada, while the sponsor lives in Canada.

Advantages:

• The sponsored person can usually travel freelyduring the application process, unlike inland applicants.
• Applications are processed by the visa office responsible for the applicant’s country of origin or legal residence for at least one year.

Additional Note: Applicants awaiting the final decision on their permanent residence may apply for a Temporary Resident Visa (TRV) to visit or stay with their spouse in Canada.

If applying under the conjugal partner category, the sponsored person cannot be living in Canada.

Other Considerations

• Same-Sex Partnerships:Canada recognizes same-sex marriages and partnerships. Couples in same-sex relationships can apply if they meet all eligibility requirements.
• Quebec Applicants:The province of Quebec has its own sponsorship rules. Once IRCC receives your application, you will receive instructions on how to apply to the Quebec government for approval.
• Financial Requirements:In most cases, there is no minimum income requirement (LICO) for sponsoring a spouse, partner, or dependent child. However, LICO applies if:

• The sponsored spouse/partner has a dependent child who also has dependent children, or
• The dependent child being sponsored has their own dependent child.
  • Ineligibility Situations:Your application cannot be processed until a final decision is made if:
• Your Canadian citizenship is under revocation,
• You have not met your residency obligations, or

You are facing charges for an offence punishable by up to 10 years in prison.