Spousal Sponsorship

Spousal Sponsorship allows an eligible Canadian citizen, permanent resident or person registered under the Indian Act to sponsor their legally married spouse for permanent residence in Canada.

A marriage certificate alone does not determine whether a sponsorship application will be approved. Both the sponsor and the sponsored spouse must meet the applicable requirements, the marriage must be legally recognized for Canadian immigration purposes, and the relationship must be genuine rather than entered into only to obtain permanent resident status.

Anka Canada Immigration Consulting assists couples with assessing sponsorship eligibility, determining the appropriate application class, reviewing relationship evidence and preparing the permanent residence application and supporting submissions.

Services are provided by Volkan Sacilik, RCIC-IRB, CICC Licence No. R1042981.

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Who Can Sponsor a Spouse?

A sponsor must generally:

• be at least 18 years old;

• be a Canadian citizen, permanent resident or person registered under the Canadian Indian Act;

• live in Canada, subject to the exception for certain Canadian citizens living abroad;

• sign the required sponsorship undertaking and agreement; and

• meet the other sponsorship requirements under Canadian immigration law.

A Canadian citizen living outside Canada may be able to sponsor a spouse if they demonstrate that they intend to return to Canada when the sponsored person becomes a permanent resident.

A permanent resident living outside Canada cannot sponsor from abroad.

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Who Can Be Sponsored as a Spouse?

For immigration purposes, the sponsored spouse must generally:

• be legally married to the sponsor;

• be at least 18 years old;

• be in a genuine relationship with the sponsor; and

• not be inadmissible to Canada.

If the marriage took place outside Canada, it generally must be legally recognized both in the country where it occurred and under Canadian law.

IRCC also generally does not recognize marriages conducted outside Canada by proxy, telephone, internet or similar arrangements where one or both spouses were not physically present at the ceremony, subject to very limited exceptions

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Spousal Sponsorship or Partner Sponsorship?

The appropriate sponsorship category depends on the legal nature of the relationship.

If the couple is legally married, the application is generally made as spousal sponsorship.

If the couple is not married but has lived together in a conjugal relationship for at least 12 consecutive months, common-law partner sponsorship may instead apply.

A separate conjugal partner category exists in limited circumstances where the couple has been in a committed relationship for at least one year but significant barriers have prevented them from marrying or living together.

Learn more: Common-Law Partner Sponsorship →

Learn more: Conjugal Partner Sponsorship →

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Family Class or Spouse or Common-Law Partner in Canada Class?

A legally married spouse may potentially be sponsored under different application classes depending on the couple's circumstances.

Family Class

Family Class is generally used where the sponsored spouse lives outside Canada.

It may also be used in certain situations where the spouse is in Canada but the couple determines that Family Class is the appropriate processing route. IRCC's guidance also identifies Family Class where the applicant does not plan to remain in Canada during processing or where the sponsor wants to preserve an applicable right of appeal following a refusal.

Spouse or Common-Law Partner in Canada Class

This class may generally be used when the sponsored spouse:

• lives with the sponsor in Canada; and

• has valid temporary resident status or qualifies under the applicable public policy concerning certain spouses without status.

The correct class should be assessed before filing because the two routes are not interchangeable in every situation and can have different practical consequences.

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Do You Need to Meet a Minimum Income Requirement?

In most spousal sponsorship cases, there is no general minimum income threshold.

However, an income requirement can apply in limited circumstances, including where the sponsored spouse has a dependent child who also has one or more dependent children of their own.

Even where there is no minimum income threshold, the sponsor must still sign an undertaking agreeing to support the sponsored person and ensure that their basic needs are met.

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The Sponsorship Undertaking

For a spouse sponsored outside Quebec, the sponsorship undertaking generally lasts for three years from the date the sponsored spouse becomes a permanent resident.

During this period, the sponsor remains financially responsible for the sponsored spouse. The undertaking does not end simply because:

• the couple separates or divorces;

• the sponsored person becomes a Canadian citizen; or

• either person moves to another province or country.

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When Might a Sponsor Be Ineligible?

Certain circumstances may prevent or temporarily restrict a person from sponsoring a spouse.

Examples can include:

• having been sponsored as a spouse or partner and becoming a permanent resident less than five years ago;

• still being within the three-year undertaking period for a previously sponsored spouse or partner;

• receiving social assistance for a reason other than disability;

• being in default of certain previous sponsorship, immigration loan or court-ordered support obligations;

• being an undischarged bankrupt;

• certain criminal convictions; or

• being subject to a removal order.

Sponsor eligibility should therefore be reviewed separately from the sponsored spouse's eligibility.

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Proving That the Relationship Is Genuine

A legally valid marriage must also represent a genuine relationship.

Relationship evidence can vary significantly depending on the couple's history and circumstances. Relevant documentation may relate to areas such as:

• the development and history of the relationship;

• time spent together;

• communication while living apart;

• shared residence;

• financial arrangements;

• travel and visits;

• family and social recognition of the relationship;

• children, where applicable; and

• future plans as a couple.

The appropriate evidence depends on the individual relationship. The objective is not simply to provide a large volume of documents, but to present consistent evidence that accurately reflects the couple's genuine shared relationship.

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Can the Sponsored Spouse Work in Canada While the Application Is Processing?

Certain spouses being sponsored for permanent residence who are living in Canada may qualify for an open work permit.

Eligibility depends on factors including the status of the permanent residence application and the applicant's temporary resident status. In many cases, an Acknowledgement of Receipt (AOR) is required, although IRCC provides a limited exception where temporary status or work authorization will expire within two weeks.

The open work permit is a separate application and should not be assumed to arise automatically from submitting the sponsorship application.

Learn more: Open Work Permit for Sponsored Spouses & Partners in Canada →

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Common Issues in Spousal Sponsorship Applications

Spousal sponsorship applications can become more complicated when:

• the marriage is not legally recognized for Canadian immigration purposes;

• the relationship history is not clearly documented;

• the couple has spent significant periods living apart;

• information about the relationship differs between forms and supporting documents;

• previous marriages or relationships have not been properly documented;

• children or other family members are not correctly declared;

• previous immigration applications contain inconsistent relationship information;

• the wrong sponsorship class is selected;

• the sponsor is subject to a previous sponsorship undertaking or another eligibility restriction.

IRCC requires family members to be declared in the application, including certain non-accompanying family members, and examination requirements can apply even when a family member will not immigrate with the principal applicant.

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How Anka Canada Immigration Consulting Can Assist

Anka can review both the sponsor's eligibility and the sponsored spouse's immigration history, assess whether the marriage meets the applicable requirements and determine which sponsorship class should be considered.

Where retained, we can also review relationship evidence, identify potential inconsistencies or concerns, prepare the application forms and supporting documentation, and provide representative submissions explaining the relevant circumstances of the relationship and application.

The objective is to ensure that the legal relationship, sponsorship eligibility, immigration history and supporting evidence are presented consistently throughout the application.

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Important Information

Spousal sponsorship requirements, public policies and application procedures can change. Eligibility depends on the circumstances of both the sponsor and the sponsored spouse and the rules in force when the application is submitted.

This page provides general information only and does not guarantee sponsorship eligibility or permanent residence approval.