Canada Spousal Sponsorship Guide 2024

A foreign national seeking spousal sponsorship to Canada faces a highly complex legal process, regardless of whether the application is submitted domestically or at a Canadian embassy or consulate abroad. The spouse, common-law partner or conjugal partner seeking to immigrate to Canada must be sponsored by a Canadian citizen or permanent resident, who must also submit a sponsorship application in support of the foreign spouse.

Spouse Visa Canada

If the spousal sponsorship application is successful, Immigration Canada will approve a change in the partner's immigration status to permanent resident of Canada. If the partner resides abroad at the time the application is submitted, Canadian immigration authorities will issue a Canada Spouse Visa (Confirmation of Permanent Residence) to the partner, and he or she will become a permanent resident of Canada only upon entering the country.

Immigration Canada Spouse Sponsorship Terminology

The term "partner" used alone refers to someone seeking immigration to Canada as the spouse, common-law partner or conjugal partner of a citizen or permanent resident of Canada, depending on context.

The term "sponsor" refers to the Canadian citizen or permanent resident seeking immigration benefits on behalf of his or her partner.

The Canadian Federal Government department that handles all immigration matters is Immigration, Refugees and Citizenship Canada (IRCC). It was previously called Citizenship and Immigration Canada (CIC). Both terms for "Immigration Canada" are used interchangeably on this website.

Eligible Relationships

The following relationships with a Canadian citizen or permanent resident are considered functionally equivalent under Canadian law for the purposes of immigration to Canada.

Spouse: To qualify as a spouse, you must be legally married to the sponsor. The marriage must have been considered valid when it was entered into under the law of the jurisdiction where you were married and under Canadian law, regardless of where you lived after you were married. An example of a marriage that might be recognized abroad but not in Canada would be a marriage in which one of the partners was legally married to two or more partners at the same time under the law of a foreign country.

Common-Law Partner: You are considered a common-law partner under Canadian law if you have cohabited with your partner in a conjugal relationship for at least one year (12 consecutive months, not necessarily an entire calendar year). This 12-month period does not have to be absolutely continuous; short absences for business or family reasons are acceptable. Since you will not be able to provide a marriage certificate, Canadian immigration authorities may require additional evidence of the authenticity of your relationship. Keep in mind that "cohabitation" means more than simply living in the same dwelling; you must have combined your affairs, including your financial affairs.

Conjugal Partner: The conjugal partner category is designed for partners who would have qualified under the spouse or common-law partner categories but were prevented from doing so by local law or other factors beyond their control such as an immigration barrier or marital status. For example, if you were married to another person and were not permitted to divorce under local law. Failure to cohabit due to unwillingness by one or both partners to quit school or quit a job to be with the other partner does not qualify as an acceptable reason for not living together. Moreover, you cannot qualify as a conjugal partner if you have lived apart from your partner for a year or more and either one of you is the conjugal partner or common-law partner of someone else.

Fiance Visa Canada

A fiance relationship will not independently qualify you for sponsorship. This being said, many couples in such relationships already qualify for Canadian immigration under another eligible category, such as common-law partner sponsorship. Couples that are intended, engaged, betrothed, or affianced to be married, but are not considered common-law according to Canadian immigration law, may need to wait until they are officially married in order to be eligible for Canadian sponsorship.

Questions about obtaining a Spouse Visa for Canada? Phone our Canadian immigration legal team today for a FREE comprehensive consultation.

General Spousal Sponsorship Canada Eligibility

The basic requirements for immigration to Canada as the partner of a Canadian citizen or permanent resident sponsor are as follows.

Spousal Sponsorship Requirements:

• The sponsor must be able to prove Canadian citizenship or legal permanent residence
• The sponsor must be willing to file a sponsorship application on behalf of the partner
• Both the sponsor and the partner must be at least 18 years old at the time of application (but not necessarily at the time of the marriage, if local law permits minors to marry)
• The partner must fall within the appropriate family category: spouse, common-law partner or conjugal partner
• The sponsor must prove his or her ability to support both parties financially and must sign a Sponsorship Agreement guaranteeing financial support to the partner for three years after permanent residence is approved

Spousal Sponsorship Canada Exclusions

Certain permanent residents and citizens of Canada are ineligible to serve as immigration sponsors under Canadian law.

You will be ineligible to sponsor a partner for immigration to Canada if:

• You receive any type of social assistance excluding disability related
• You were sponsored yourself, and you have become a Canadian permanent resident within the last five years. If you immigrated to Canada as a sponsored spouse or partner, you will have to wait until the five-year anniversary of your award of Canadian permanent residence status before you can sponsor a new spouse or partner to Canada.
• You have previously sponsored a spouse to Canada and three years have not yet passed since they became a Canadian permanent resident.
• You have ever failed to comply with a Sponsorship Agreement in the past. Canadian citizens and permanent residents who have failed to provide financial support required on behalf of someone he or she previously sponsored to Canada are no longer eligible to sponsor a spouse to Canada.
• You have ever violated a court order to pay alimony or child support, even if the intended recipient of these funds was a Canadian citizen
• You were married to someone else at the time you submitted your Canada sponsorship application, regardless of whether or not plural marriage is legal in the country where the marriage took place or where the application was submitted.
• You have ever been convicted of a crime of a violent or sexual nature. In some cases, even a conviction for threatening or attempting to commit such a crime will disqualify you from Canadian sponsorship.
• You have ever failed to repay an immigration loan in strict accordance with the terms of the loan. Even a single late payment on an immigration assistance, transportation or Right of Permanent Residence Fee loan can disqualify a person from being able to sponsor a husband or wife to Canada.
• You are in prison
• You are under a Canada Removal Order
• You have declared bankruptcy, unless the bankruptcy has already been fully discharged by the time you filed the spousal sponsorship Canada application

Financial Support

As sponsor, you must sign a three-year Sponsorship Agreement that obligates you to provide full financial support to your partner for three years beginning on the date that permanent residence is granted. This obligation remains valid even if you divorce or separate from your partner.

Unlike most other forms of family sponsorship, you typically do not need to prove a minimum income to sponsor a spouse to Canada. In some cases, however, a sponsor may need to show they have enough financial resources to provide financial support for themselves, their family, as well as their partner's family. This includes room, board, clothing, utilities, personal items such as shampoo and toothpaste, fuel, household goods, dental care, and any medical care not already provided by the public health system. For example: if a partner has a dependent child that has a dependent child, the sponsor must demonstrate they have enough income to provide for all their basic needs.

If you have a questionable credit history, high debts, or a low income, it may be more difficult for you to qualify to sponsor your partner and their family. It is not possible for your partner to co-sign the Sponsorship Agreement in order to pool resources for the purposes of meeting income requirements if he or she is the one getting sponsored. Consequently, pooling resources to meet the minimum necessary income (MNI) requirements is not an option for spousal sponsorship like it is for other types of family sponsorship to Canada.

How Much Does a Canada Spouse Visa Cost?

There are several Government processing fees that must be paid in order to successfully sponsor someone for Canadian Permanent Residency (PR).

Spousal Sponsorship Fees:

• Sponsorship Fee - $85
• Principal Applicant Processing Fee - $545
• Right of Permanent Resident Fee (RPRF) - $575
• Total - $1205
• Dependent Children - $175/child

These spouse sponsorship Canada fees can be paid online, and a copy of the payment receipt should be included with the sponsorship application.

April 2024 Fee Increase

On April 30th 2024, IRCC increased their family sponsorship fees. The right of permanent residence fee was increased to $575 (from $515). The principal applicant processing fee was increased to $545 (from $490). The sponsorship fee was increased to $85 (from $75). So total review fees for Canadian spousal sponsorship are now about $1205 instead of $1080.

Spouse Immigration Canada 2024 Changes

The Government of Canada has implemented or announced a number of major changes to the family sponsorship immigration process.

Spouse Visa Changes:

• Faster processing times
• One application for all candidates inside or outside Canada
• Simplified relationship questionnaire (fewer questions)
• Medical exam no longer required up front
• Police certificates now only required from current country of residence and country in which you spent most of your adult life (if different than current country)
• Access real-time information related to your Spouse Visa Canada application online

These changes make the process of sponsoring a spouse to Canada more efficient than ever, but do not affect substantive regulatory or legislative family sponsorship requirements. Although it is now possible to sponsor a husband or wife to Canada faster than ever before, applicants will still need to demonstrate to IRCC that all requirements for Canadian permanent residence sponsorship have been satisfied. The forms required to sponsor a spouse for PR have also changed, so be careful not to use an outdated document checklist.

In addition to shorter processing times, the Government of Canada is now approving more PR sponsorship applications as part of their commitment to family reunification. To reduce the backlog of spousal sponsorship files, Immigration Canada has increased the number of allocated spaces for sponsored immigrants. Spousal sponsorships were more than 15% higher in 2023 compared to 2022, and we expected this number to increase in 2024 and 2025. The Canadian Government also earmarked additional money in their annual budget to support quicker and more predictable family sponsorship processing times.

Outland vs. Inland Spousal Sponsorship

Many couples are not eligible to apply for sponsorship inside Canada ("spouse or common-law partner in Canada class sponsorship," or "in Canada sponsorship" for short). If the partner being sponsored is not legally living in Canada at the time of application submission, outland spousal sponsorship ("family class" sponsorship) is the only option. Conjugal relationships are also not eligible for sponsorship inside Canada.

If both the sponsor and partner are legally residing in Canada, the couple may be eligible for either outland or inland spousal sponsorship. Despite being physically present in Canada when the application is submitted, if the spouse or common-law partner does not plan to remain in Canada the entire time the application is being processed, outland sponsorship may be the best route. The biggest advantage to inland spousal sponsorship is that the spouse or partner may be eligible for a highly coveted Open Work Permit, allowing him or her to be fully employed in Canada while awaiting approval for Permanent Residency. Consulting a qualified Canada sponsorship lawyer can help a couple choose between inland and outland by thoroughly evaluating the many pros and cons.

Sponsoring a Same-Sex Partner

In principle, same-sex partners may immigrate to Canada on the same terms as opposite-sex partners. Exceptions apply, however, due to restrictions of same-sex relationships imposed by foreign countries. Same-sex partners cannot qualify as spouses, for example, if they married abroad and the jurisdiction where they married does not legally recognize same-sex marriage. This being said, a same-sex partner who fails to qualify as a spouse could potentially qualify as a common law partner. A same-sex partnership can even work to your advantage if it is needed to explain why conjugal partners could not qualify as common-law partners or spouses. One such example would be if the gay or lesbian couple could not marry or live together because of legal restrictions in the jurisdiction.

Bringing Partner's Children to Canada

A dependent child of the partner of a Canadian citizen or permanent resident sponsor may accompany the partner to Canada for immigration if:

• The dependent child is under 22 years old and has no spouse or common-law partner; or
• The dependent child is 22 or older and has not been capable of financial self-sufficiency since before the age of 22 due to a physical or mental deficiency

Ages are "locked in" on the day a completed PR application is received by IRCC. Even if the partner has a child who is in the custody of an ex-spouse or a third party, the partner must list the child on his or her application or lose the right to sponsor them as an immigrant to Canada in the future if circumstances change.

If the child's mother or father is not the sponsor, and they are a minor, IRCC Form IMM 5604 "Declaration for Non-Accompanying Parent/Guardian for Minors Immigrating to Canada" must be completed by the non-accompanying parent or guardian and witnessed by a notary public. A copy of the non-accompanying parent's ID must also be included in the application.

Sponsor and Partner Responsibilities

In summary, the sponsor and the partner seeking immigrant status are subject to the following application responsibilities.

Spousal Sponsorship Responsibilities:

• Ensure that the sponsor qualifies under Canadian immigration law
• Ensure that the partner is a legitimate member of the appropriate sponsorship class (spouse, common-law partner or conjugal partner)
• The sponsor must read, understand and sign the Sponsorship Agreement
• The sponsor must truthfully complete self-declaration schedules in which the sponsor discloses information about personal finances to Canadian immigration authorities
• The sponsor must pay the application fee and include an appropriate receipt with the sponsorship application
• The sponsor must notify Canadian immigration authorities to discontinue the sponsorship application if the sponsor discovers that he or she fails to meet any sponsorship criteria (a declaration of bankruptcy while the sponsorship application is pending, for example)
• The parties must submit signed sponsorship and permanent residence application forms with all schedules and supporting documentation to Canadian immigration authorities

Evidence of Your Relationship

Canadian immigration authorities may require evidence of your relationship, especially if the partner is applying as a common-law or conjugal partner.

Useful documentation attesting to a legitimate relationship:

• Evidence of joint bank account or other financial accounts
• Evidence of joint residential lease
• Real estate mortgage or purchase agreement
• Affidavits from people with personal knowledge that your relationship is genuine
• Any other evidence that can prove the authenticity of your relationship

Wondering if you are eligible for Canada spousal sponsorship? Phone our legal team today for a free no-commitment evaluation.

Can I Sponsor a Spouse While Living Outside Canada?

If you are a Canadian permanent resident living outside of Canada, you are not eligible to sponsor a partner to Canada. Only permanent residents living in Canada can sponsor a spouse to Canada. If you are a Canadian citizen living outside of Canada, spouse sponsorship is possible but you must establish the intention to live in Canada once your partner becomes a Canadian resident.

Working in Canada While Spousal Sponsorship Application is Pending

If you are applying for PR from inside Canada, also called inland sponsorship or "spouse in Canada class," you may apply for an Open Work Permit at the same time as you apply for immigration, or you can even apply online. Once you receive a Canadian Open Work Permit, you may work in the country while your application is pending; however, you may not work in Canada until you actually receive it. Although there is no guarantee that your application will be approved, work permit approvals are quite common, and it is one of the primary advantageous of applying for spousal sponsorship inside Canada.

Partner Leaving Canada While Permanent Residence Application is Pending

If you apply for permanent residence as a spouse or partner while in Canada (inland spousal sponsorship) and you leave Canada while your permanent residence application is pending, there is no guarantee that you will be able to re-enter Canada, even if you attempt re-entry while your permanent residence application is still pending. If your application is denied, you will have to submit an entirely new immigration application in order to return.

It is possible to apply for outland spouse sponsorship despite living in Canada, which can allow the sponsored partner to enter and exit Canada while the application is pending. If you apply for outland instead of inland spouse sponsorship, however, the partner may not be eligible for an Open Work Permit allowing him or her to legally work in Canada while waiting to be approved for Canada PR.

2024 Spousal Sponsorship Canada Processing Times

Spousal sponsorship inside Canada - 11 months

Spousal sponsorship outside Canada - 10 months

As of July 2024, estimated IRCC spousal sponsorship wait times are slightly faster for applications submitted outside Canada compared to applications filed inside Canada. This is a reversal of the historical trend, as applications submitted overseas have historically taken longer to process. The Government was originally aiming to process 80% of new spouse sponsorship applications within a 12-month timeline. The pandemic slowed things down, however, and for a couple years it was taking much longer to get sponsored for PR than in the past. Thankfully, 2024 processing times are much improved, but 2025 processing times might be slower.

In early 2023, sponsorship was taking about 15 months inside Canada and 23 months outside Canada. In March 2024, processing times were 9 months inside Canada and 12 months outside Canada, so a drastic improvement! By Summer 2024, inland processing had slowed down a bit and was taking about 11 months. Outland processing has continued to get faster and as of July 2024 is only taking about 10 months. Consequently, most spousal sponsorship applications submitted in 2024 should be processed before the same month in 2025.

A long time ago, outland spousal sponsorship applications were processed much faster than inland spousal sponsorship applications. Since the couple was already living together, applications to sponsor a spouse submitted inside Canada used to be considered "lower priority" and could take 24 months or longer, while sponsorship applications submitted outside Canada were typically adjudicated within 18 months. The Government of Canada is committing millions of dollars to bringing down the Canada sponsorship immigration wait times, with a target to admit more than 65,000 sponsored foreign nationals in 2024 as opposed to only 48,000 in 2015. As part of this massive plan to improve Canadian immigration wait times, the IRCC processing centre in Vegreville, Alberta will be closed and inland applications will now be evaluated in Edmonton.

Sponsoring a Spouse to Canada That Has a Criminal Record

Any foreign national that has been charged or convicted of a crime that could be considered a hybrid or indictable offence in Canada may be criminally inadmissible to the country. Criminal inadmissibility can render a person ineligible for Canada spousal sponsorship, even if he or she is applying for "in Canada spousal sponsorship". It is possible to overcome criminal inadmissibility by filling paperwork to convince that Government of Canada that you are safe. Depending on the criminal offence, a person may automatically become admissible to Canada ten years after they finished all court-ordered sentencing including probation. This is only possible if the individual has a single conviction that does not equate to a serious crime in Canada, and a Spouse Visa lawyer should always be consulted regarding eligiblity. Once considered "deemed rehabilitated by time", the person could become eligible to be sponsored to Canada as a spouse or partner.

Examples of crimes that can result in a spouse being refused Permanent Residency in Canada include impaired driving (DUI or DWI), fraud, theft, assault, domestic violence, and possession of a controlled substance or other drug related convictions. A DUI is a serious crime in Canada, so one DUI conviction can render a foreign national criminally inadmissible to the nation for life. It is possible to petition the Canadian Government to overcome criminal inadmissibility through a process called Criminal Rehabilitation. It is common for someone with a misdemeanor or felony criminal record to hire a Canada spousal sponsorship lawyer to help them apply for Criminal Rehabilitation in order to eliminate their ineligibility for a Spouse Visa. It is also possible for a foreign national to be ineligible for immigration to Canada due to medical reasons.

Can I Sponsor My Boyfriend or Girlfriend?

There is no IRCC program to sponsor your boyfriend or girlfriend to Canada. If you want to sponsor your girlfriend or boyfriend for PR, you must be common-law partners or married. In very specific circumstances, it may be possible to sponsor a conjugal partner.

Canadian Citizenship by Marriage

Once a sponsored spouse or partner becomes a lawful permanent resident of Canada, the clock can begin ticking towards Canadian citizenship eligibility. A permanent resident can qualify for Canadian citizenship if they have been physically present in Canada for a minimum of three years during the five years immediately before their nationality application is submitted to the Government. This means Canadian citizenship by marriage is possible 1095 days after successfully sponsoring spouse to Canada. A sponsored husband or wife has no advantage in regards to becoming a citizen of Canada compared to a sponsored conjugal or common-law partner.

Immigration Canada Spouse Sponsorship Online Account

As of 2024, Immigration, Refugees and Citizenship Canada (IRCC) encourages spousal sponsorship applicants to link their paper-based application to an online account. Creating an online Canadian immigration account is easy, and involves registering a new account using your existing online banking login (Canadian banks) or a Government of Canada login. Once you apply to sponsor a husband or wife to Canada, or a qualified partner, linking the paper application to an online account allows IRCC to communicate with you directly.

Spousal Sponsorship Online Benefits:

• Track the real-time status of your Spouse Visa application
• More efficient for Immigration Canada to request additional documentation related to your sponsorship application (if needed)
• Easily update your contact information (mail address, email, phone number, etc.)
• Notify Canada immigration officials of changes in your application, such as a marriage or birth of a child
• Withdraw your Canadian sponsorship application at any time, provided the sponsored individual has not yet become a Canadian permanent resident

Certifying Translations of Supporting Documentation

All Canadian immigration forms must be completed in either English or French. Although supporting documentation, such as a marriage certificate, may be printed in a third language, it must be accompanied by a certified translation. A certified translation must meet the following requirements.

Certified Translation Requirements:

• The original document that was translated must be in the form of a certified copy
• The translation must include the full document, and the full translation must accompany the document
• If the translator is not a member of a provincial or territorial Canadian translator's organization, the translator must include an affidavit guaranteeing the language proficiency of the translator and the accuracy of the translation. The affidavit must be sworn in the presence of a notary public if outside of Canada, and in the presence of a notary public or other official with the authority to certify if inside of Canada.

Outland Spousal Sponsorship - What to Expect at the Canadian Border

When you are sponsored to Canada as a spouse, and you are living outside the country when the application is submitted (outland sponsorship), you must travel to Canada with a Spouse Visa once approved by IRCC.

Spouse Visa Canada Border Process:

• The officer will ask for your passport and Confirmation of Permanent Residence (COPR), a document you will receive after your application is approved
• The officer will check your passport for your immigration visa (Spouse Visa Canada) and make sure that it has not already expired at the time you enter Canada. Since the expiration date is printed on the visa itself, check it before you make your travel plans.
• The officer may conduct a final admissibility review and may ask you questions like the ones you answered on your application, to confirm the authenticity of your relationship
• You must report on how much money you are bringing into Canada (in any form, not only cash)
• The officer has the authority to prevent you from entering Canada even with a Spouse Visa if he or she suspects that you do not qualify for some reason (for example, if they suspect that your purpose for coming to Canada is fraudulent). You do not have as many legal rights to resist deportation at the border as you will have once you have been lawfully admitted to Canada.

Where Do You Mail a Spouse Visa Canada Application?

As of September 2022, sponsoring a spouse or partner for Canadian Permanent Residency (PR) is solely done online. Previously, outland spousal sponsorship applications could be mailed to Sydney, NS and inland spousal sponsorship applications could be mailed to Mississauga, ON.

If you retain the services of our Canadian spousal sponsorship lawyer, we will submit your PR application to the Federal Government for you. Our spouse sponsorship lawyer will also handle all communication with IRCC on your behalf.

Sponsoring Partner to Canada (Partner Visa Canada)

One of the key elements of the sponsor spouse Canada application is proving continuous cohabitation, particularly for common-law couples. Since non-married couples do not have a marriage certificate or marriage license to show Immigration Canada, they must authenticate their relationship in other ways. Relevant supporting documentation for common-law sponsorship Canada applications can include corroborating evidence in the form of personal references from friends, co-workers or neighbours.

Effect of a Removal Order or a Direction to Leave Canada

As a partner, the issuance of a Canada Removal Order against you can complicate your return to Canada. In fact, you may even need an Authorization to Return to Canada (ARC) in order to return, even if you hold a valid Canada Spouse Visa or Canada Partner Visa. Whether or not you need an ARC to return to Canada depends on the type of Removal Order issued against you and your response to it.

If you were subject to a Canada Departure Order and you left the country within 30 days and verified your departure with Canadian immigration authorities, you may not need an ARC to return to Canada. If you did not leave on time or you did not verify your departure, you may need an ARC to return.

If you were subject to a Canada Exclusion Order, and one year has passed since you departed the country, and you have a Certificate of Departure; you may not need an ARC to return. If one year has not yet passed or if you do not have a Certificate of Departure, you may need an ARC to return.

If you were subject to a Canada Deportation Order, you may need an ARC to return to Canada. If you were subject to a Direction to Leave Canada, you may not need an ARC to return to Canada.

Although an Authorization to Return to Canada (ARC) can be difficult to obtain, once you have one, you can enter Canada with a valid immigration visa. A removal order in your past, however, might reduce your chances of getting your immigration application approved in the first place.

Abolished Two-Year "Legitimate Relationship" Requirement

In the past, if your relationship was no more than two years old and you had no children in common, you would only be granted conditional permanent residence at first. This restriction applied regardless of whether the sponsored individual was a spouse, common-law partner or conjugal partner. If conditional permanent residence was applicable to your situation, you had to cohabit with your partner in a conjugal relationship for at least two years after you obtained conditional PR in order to become an unconditional permanent resident of Canada.

IRCC ended this policy in 2017! The two-year requirement was initially introduced in an effort to crack down on marriage fraud, but critics said it had the potential to trap vulnerable female migrants in abusive relationships. Even if a person received unconditional permanent residence after two years of living with their partner, their permanent residence status could have been revoked if Canadian immigration authorities later discover the person did not actually live with their partner during your two years of conditional PR. This led to concerns that women might remain in abusive relationships due to fear of losing their PR status. Consequently, the Liberal Government decided to abolish this two year condition.

How to Remove Yourself as a Co-Signer

If you have co-signed a Sponsorship Agreement for Canadian spousal immigration, and you no longer wish to be a co-signer on the application, it is possible to have yourself removed. In order to do so, you must write a letter to Citizenship and Immigration Canada explaining your intention to have yourself removed as a sponsorship co-signer. The letter must be initialled by all the other signing parties. Along with the letter, you must also include a copy of the original Sponsorship Agreement (IRCC form IMM 1344).

Spouse Sponsorship Quebec

If you want to sponsor a spouse to Quebec, there are additional steps that must be undergone since immigration to Quebec is handled independently by the province. Quebec spousal sponsorship requires both federal permission and provincial permission. The first step is to apply to Immigration, Refugees and Citizenship Canada (IRCC) for a letter authorizing the issuance of a Certificate of Selection of Quebec (CSQ). Once Immigration Canada determines you are eligible for spouse sponsorship and issues this letter, you can then apply for Quebec family sponsorship. Once approved by Quebec, your spousal sponsorship application is then sent off for Federal processing.

Immigration Fraud

You can only sponsor a spouse to Canada if your relationship with him or her is 100% genuine. Entering into a relationship solely to gain privilege under Canada's immigration laws and policies is strictly forbidden. "Marriages of convenience" in which a couple pretends to be in a genuine relationship are absolutely not eligible for spousal immigration to Canada. To prevent abuse, IRCC has rigorous standards for Canadian sponsorship applications and a meticulous interview with IRCC officials may be required of applicants in order to ensure the couple has a bona fide good faith marriage. It is also possible for one partner to enter a relationship in good faith, while the other is secretly using the relationship solely to obtain PR Canada status.

Regardless of whether you are the sponsor or the individual applying for Canada PR, you are personally responsible for the contents and documentation of the sponsorship application. Submitting false documents or making false statements in association with a Canadian immigration application can be considered "misrepresentation." Not only can misrepresentation result in a spousal sponsorship Canada application being firmly denied, it can result in the applicant and their dependents being barred from Canada for five years under subsection 40(2) of the Immigration and Refugee Protection Act (IRPA).

Family Sponsorship Canada

The objective of family immigration to Canada is the reunification of close family members. Consequently, family class immigration applications are treated as high priority by IRCC. In addition to spouses and partners, citizens and permanent residents of Canada can sponsor their parents, grandparents and dependent children.

If I Withdraw My Canada Sponsorship Application Will I Get a Refund?

Spousal immigration applications can be withdrawn at any time before the sponsored person attains Canada PR status. If Immigration, Refugees and Citizenship Canada (IRCC) has not yet started processing the spousal sponsorship application, all government fees will be refunded. If IRCC has begun to process the application but has not yet made a decision regarding your eligibility as a sponsor, all processing fees including the Right of Permanent Resident Fee will be refunded, with the exception of the Sponsorship Fee which you will not get back. If IRCC has already decided your eligibility to sponsor a spouse to Canada, you will only receive a refund for the Right of Permanent Resident Fee and will not get back the Principal Applicant Processing Fee or Sponsorship Fee.

Open Work Permit Canada

A Canadian immigration attorney can help with spousal sponsorship within Canada as well as outside Canada. For "in Canada spousal sponsorship" ("in Canada" class), an experienced spouse sponsorship lawyer can also assist with the professional preparation of a Canada Open Work Permit, which can allow you to legally work in Canada while waiting for sponsorship approval. Open Work Permits are not job-specific, and they do not require a job offer or a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada in order to attain.

Sponsoring a Husband to Canada vs. Sponsoring Wife to Canada

There is effectively no difference between sponsoring a wife to Canada and sponsoring a husband. The "sponsor husband to Canada" and "sponsor wife to Canada" forms and requirements are the exact same. Whether you wish to sponsor a husband to Canada, or a wife, our Canada spouse immigration legal team is here to help. Please note: there is a difference between the spousal sponsorship document checklist and the common-law partner document checklist (IRCC form IMM5533 vs. IMM5589).

Can a Spouse Get a Visitor Visa While Outland Sponsorship Application Is Pending?

It is possible to obtain a Canadian Visitor Visa while a Canada PR application for spousal sponsorship is currently pending, however, in such cases a Canada Visa is often refused. In order to be successful, the applicant must properly demonstrate that he or she has adequate ties to their home country and that they are a bona fide visitor who does not intend to stay in Canada permanently until approved for permanent residency.

Preventable Spouse Sponsorship Application Delays

When sponsoring a spouse to Canada, approval from Immigration Canada can be delayed or even completely withheld for many reasons.

Possible Spouse Visa Canada Problems:

• Something in the spouse sponsorship Canada application looks suspicious. Authorities might suspect immigration fraud if, for example, an application on behalf of a common-law partner contains sketchy documentation to prove the couple actually lived together and combined their affairs during the period in question. Even something as innocuous as separate bank accounts (or a joint bank account opened a few days before the application was filed) can raise an alarm.
• Any missing documentation. For example, the couple forgot to submit required forms or supporting documentation, or forget to include translations of foreign-language documents
• Gaps in personal history. Never leave any gaps when completing the sponsor spouse to Canada "Schedule A - Background / Declaration" form (IRCC form IMM 5669)
• Missing or substandard information. If required information is omitted or the sponsorship application contains information that is illegible, it will likely not be approved
• Small errors are a common cause of sponsorship delays. One example of a "small error" that can delay processing is submitting a foreign language document, such as a marriage certificate, that was translated abroad by a translator who forgot to include a notarized declaration that the translator is qualified and that the translation is accurate. Even including such a declaration with the translation will not be sufficient if the translator forgets to have it notarized, or if he has it certified by an authority other than a notary public. Since these kind of "minor" mistakes can result in major delays, it pays to be extremely thorough and detail-oriented when preparing your application.

The Canadian spousal immigration process is complex, arcane and highly detailed, although well worth it in the end. Considering this state of affairs, it might make sense to hire a professional to help you complete your application.

Questions about spousal sponsorship to Canada? Contact our Canadian immigration team today for a free consultation.