IMMERGITY Immigration Consultant
Mar 17, 2023
Processing Time
12 - 27 Months
Government Fee
$1165.00
*Processing time and fee are variable
Spousal Sponsorship Canada: A Comprehensive Guide
Types of Spousal Sponsorship
Inland Spousal Sponsorship
Inland spousal sponsorship is for spouses or common-law partners who are already living in Canada. The sponsored person must have legal status in Canada, such as a visitor visa, study permit, or work permit. The application process takes place within the country, and the sponsored person can apply for an open work permit while waiting for their sponsorship application to be processed.
Outland Spousal Sponsorship
Outland sponsorship is suitable for spouses or common-law partners living outside of Canada. The application process occurs in the sponsored person's country of residence. Processing times may vary depending on the visa office handling the application. The sponsored person may visit Canada during the application process but must maintain a valid visitor visa and comply with the conditions of their stay.
Types of Partners you can sponsor
Spouse or Common-Law Partner Sponsorship
Canadian citizens and permanent residents can sponsor their common-law partners for permanent residence in Canada. To qualify as a common-law partner, the couple must have lived together in a conjugal relationship for at least one year. The application process and requirements are similar to spousal sponsorship. They must be able to prove that their relationship is genuine and ongoing and that they have been living together continuously for at least one year.
The common-law partner sponsorship process involves submitting an application to Immigration, Refugees and Citizenship Canada (IRCC), providing supporting documents, undergoing medical exams and security checks, and attending an interview with an immigration officer.
The processing time for common-law partner sponsorship applications varies depending on the specific circumstances of each case. However, IRCC aims to process applications within 12 months from the date of submission.
If the application is approved, the sponsored common-law partner will receive permanent resident status in Canada, which allows them to live, work, and study in Canada on a permanent basis.
Documents Required for Common-law partner sponsorship in Canada
The documents required for common-law partner sponsorship in Canada may vary depending on the specific circumstances of each case. However, here is a general list of documents that are typically required:
Application forms: The sponsor and the sponsored person must complete and sign the necessary application forms.
Relationship documents: The sponsor and the sponsored person must provide evidence of their genuine and ongoing relationship. This may include joint bank account statements, lease agreements, utility bills, travel itineraries, photos, and correspondence.
Identification documents: The sponsor and the sponsored person must provide valid identification documents, such as passports, birth certificates, or national identity cards.
Financial documents: The sponsor must provide proof of their income and financial resources. This may include employment letters, tax returns, pay stubs, bank statements, and other financial documents.
Police certificates: The sponsor and the sponsored person must provide police certificates from any country where they have lived for six months or more since the age of 18.
Medical exams: The sponsored person must undergo a medical exam to prove that they are admissible to Canada.
Other documents: Depending on the specific circumstances of the case, additional documents may be required, such as divorce certificates, custody agreements, or adoption papers.
It is important to note that all documents must be provided in either English or French, or accompanied by a certified translation into one of these languages. It is also important to ensure that all documents are complete, accurate, and up-to-date, as incomplete or inaccurate applications can lead to processing delays or even rejection.
Proof of relationship documents for Common law partner sponsorship in Canada
Proof of relationship documents are an essential part of a common law partner sponsorship application in Canada. They are used to establish that the relationship between the sponsor and the sponsored person is genuine and ongoing. Here are some examples of documents that can be used to demonstrate the relationship:
Joint bank account statements: This shows that the sponsor and the sponsored person share a financial relationship.
Lease agreements or mortgage statements: This can be used to demonstrate that the sponsor and the sponsored person share a physical residence.
Utility bills: This shows that the sponsor and the sponsored person are sharing household expenses.
Joint travel itineraries or flight tickets: This shows that the sponsor and the sponsored person have travelled together.
Photos: This includes photos of the couple together at different places, events or occasions.
Correspondence: This includes emails, letters, cards, or text messages exchanged between the sponsor and the sponsored person.
Joint memberships or subscriptions: This includes memberships or subscriptions to clubs, organizations, or services that are shared by the sponsor and the sponsored person.
Affidavits or statutory declarations: These are written statements from friends, family members, or other individuals who can attest to the genuine and ongoing nature of the relationship.
It is important to note that these are just examples, and other documents that can demonstrate a genuine and ongoing relationship may also be considered. It is also important to ensure that all documents provided are authentic, accurate, and current. Additionally, providing a variety of different types of documents can strengthen the application and help establish the genuineness of the relationship.
Common mistakes to avoid when applying for common law partner sponsorship in Canada
Here are some common mistakes to avoid when applying for common-law partner sponsorship in Canada:
Not meeting the eligibility requirements: It is important to ensure that both the sponsor and the sponsored person meet the eligibility requirements before submitting the application. This includes meeting the one-year cohabitation requirement and ensuring that the sponsored person is not inadmissible to Canada for criminal, security, or medical reasons.
Not providing sufficient evidence of the relationship: The application must include strong evidence that the relationship is genuine and ongoing. This includes providing a variety of relationship documents such as joint bank account statements, lease agreements, utility bills, travel itineraries, photos, and correspondence.
Providing incomplete or inaccurate information: It is crucial to ensure that all information provided in the application forms and supporting documents is complete, accurate, and up-to-date. Any discrepancies or inconsistencies can lead to processing delays or even rejection.
Not providing all necessary documents: All required documents must be provided, and failure to do so can result in processing delays or rejection of the application.
Not paying attention to processing times: Processing times can vary depending on the specific circumstances of each case. It is important to check the current processing times for common-law partner sponsorship applications and plan accordingly.
Not keeping up-to-date with application status: It is important to regularly check the status of the application and respond promptly to any requests for additional information or documentation.
Not seeking professional help: The common-law partner sponsorship process can be complex and time-consuming. Seeking professional help from a qualified immigration lawyer or consultant can help ensure that the application is complete, accurate, and submitted in a timely manner.
Conjugal Partner Sponsorship
Conjugal partner sponsorship is a category of spousal/partner sponsorship in Canada that applies to couples who are in a committed relationship but cannot qualify as common-law or married partners due to circumstances beyond their control. This could include factors such as immigration barriers, religious or cultural prohibitions, or sexual orientation.
To be eligible for conjugal partner sponsorship, the couple must meet the following criteria:
They have been in a committed and exclusive relationship for at least one year.
They have been separated from each other for reasons beyond their control, such as immigration barriers, religious or cultural prohibitions, or sexual orientation.
They are unable to live together or marry in their home country or any other country due to circumstances beyond their control.
The application process for conjugal partner sponsorship is similar to that of common-law or married partner sponsorship. The sponsor must submit an application to Immigration, Refugees and Citizenship Canada (IRCC), including evidence of the genuineness and ongoing nature of the relationship, identification and financial documents, and police certificates and medical exams.
It is important to note that conjugal partner sponsorship applications are assessed on a case-by-case basis, and the burden of proof is high. Couples must provide strong evidence to establish that they meet the eligibility criteria and that their relationship is genuine and ongoing despite the barriers they face.
Overall, conjugal partner sponsorship can be a complex and challenging process, and seeking professional help from a qualified immigration lawyer or consultant may be beneficial.
Documents Required for conjugal partner sponsorship in Canada
To apply for conjugal partner sponsorship in Canada, the following documents are typically required:
Relationship documents: As with any spousal/partner sponsorship application, the applicant must provide evidence of a genuine and ongoing relationship with their partner. This includes documents such as emails, phone records, travel documents, photos, and other correspondence.
Proof of the inability to marry or live together: The applicant must provide evidence that they are unable to marry or live together due to circumstances beyond their control, such as immigration barriers, cultural or religious prohibitions, or sexual orientation. This could include documentation such as immigration records, religious or cultural documents, or legal opinions.
Identification documents: The applicant must provide copies of their passport, birth certificate, and any other identification documents.
Financial documents: The sponsor must provide proof of their financial ability to support the applicant. This could include pay stubs, tax returns, bank statements, and employment letters.
Police certificates: The applicant must provide police certificates from any country where they have lived for six months or longer since the age of 18.
Medical exams: The applicant must undergo a medical examination by a designated physician to ensure that they meet the health requirements for immigration to Canada.
Other documents: Depending on the circumstances of the case, additional documents may be required, such as affidavits or statutory declarations from friends or family members, or any other documentation that can support the application.
It is important to note that the requirements and process for conjugal partner sponsorship can be complex and may vary depending on the specific circumstances of each case. Seeking professional help from a qualified immigration lawyer or consultant can help ensure that the application is complete, accurate, and submitted in a timely manner.
Proof of relationship documents for Conjugal partner sponsorship in Canada
Proof of relationship documents are an essential part of a conjugal partner sponsorship application in Canada.
They are used to establish that the relationship between the sponsor and the sponsored person is genuine and ongoing, despite the fact that they are unable to live together or marry due to circumstances beyond their control.
Here are some examples of documents that can be used to demonstrate the relationship:
Communication records: This includes emails, letters, and other forms of correspondence that show the ongoing communication between the sponsor and the sponsored person.
Evidence of visits: This includes travel itineraries and flight tickets that show that the sponsor and the sponsored person have met in person, despite the inability to live together.
Photos: This includes photos of the couple together at different places, events or occasions.
Financial documents: This includes joint bank account statements or evidence of financial support, such as money transfers or wire transfers.
Affidavits or statutory declarations: These are written statements from friends, family members, or other individuals who can attest to the genuine and ongoing nature of the relationship.
Cultural or religious documents: If the inability to live together or marry is due to cultural or religious reasons, documents that support this, such as letters from religious leaders, may also be included.
It is important to note that these are just examples, and other documents that can demonstrate a genuine and ongoing relationship may also be considered. It is also important to ensure that all documents provided are authentic, accurate, and current. Additionally, providing a variety of different types of documents can strengthen the application and help establish the genuineness of the relationship.
Common mistakes to avoid when applying for conjugal partner sponsorship in Canada
When applying for conjugal partner sponsorship in Canada, there are several common mistakes that applicants should avoid to increase their chances of success. Here are some of the most common mistakes to avoid:
Incomplete or inaccurate application: Applicants should ensure that all sections of the application are complete and accurate. Any mistakes or omissions can delay or even result in the rejection of the application.
Insufficient evidence of relationship: Applicants must provide strong evidence to establish that their relationship is genuine and ongoing, despite the inability to live together or marry. Failure to provide sufficient evidence can lead to a rejection of the application.
Late or missing documents: Applicants must provide all required documents in a timely manner. Late or missing documents can delay the processing of the application or even result in its rejection.
Failure to address eligibility criteria: Applicants must meet the eligibility criteria for conjugal partner sponsorship, which includes establishing that they are unable to marry or live together due to circumstances beyond their control. Failure to address these criteria can lead to a rejection of the application.
Inadequate financial support: Sponsors must demonstrate that they have sufficient financial means to support the sponsored person in Canada. Failure to provide adequate financial support can lead to the rejection of the application.
Providing fraudulent documents: Providing fraudulent or misleading documents can lead to the rejection of the application and can result in serious consequences for the applicant.
To avoid these mistakes, applicants should ensure that they have a thorough understanding of the requirements and process for conjugal partner sponsorship, and seek professional help from a qualified immigration lawyer or consultant if needed. They should also ensure that all documents provided are authentic, accurate, and current.
Sponsorship Eligibility Requirements
Eligibility Requirements for Sponsors
To sponsor a spouse, common-law partner, or conjugal partner, the Sponsor must:
Be of 18 years or older
Be a Canadian citizen, a permanent resident, or a registered Indian under the Canadian Indian Act
Reside in Canada or intend to live in Canada after your spouse is granted permanent residency
Accept the undertaking obligations
Not be the subject of a removal order
Have no criminal convictions inside or outside Canada in the following areas:
Bodily harm toward current or former family members (domestic violence)
Sexual abuse
Significant violence
Not being an undischarged bankrupt and have enough income to provide for basic needs of any grandchildren (dependent children of a dependent child) of the principal applicant.
Not in receipt of social assistance unless because of disability
Debt free to the federal government of Canada
Not under a five-year ban (If you were sponsored by a spouse or partner, you may not be a sponsor yourself until five years have passed since you became a permanent resident.)
Not under an undertaking ban (If you have already sponsored a spouse or common-law partner to Canada, you may not sponsor another spouse or common-law partner while the current undertaking duration is not over.)
The applicant must be your:
Spouse: a spouse is a partner with whom you are legally married. This includes both opposite- and same-sex relationships.
Common-Law Partner: a common-law partner is not legally married to you but has been living with you for at least 12 consecutive months. Any time spent apart – for work/family related matters or any other reasons, must have been short or temporary.
Conjugal Partner: a conjugal partner is a person outside Canada who has had a binding relationship with you for at least one year, but could not, for some reason(s), live with you. Individuals living in Canada are not eligible to be sponsored as conjugal partners.
The person you are sponsoring must:
Be at least 18 years old;
Pass all background, security and medical checks.
Sponsorship Eligibility Tool
Before you start your sponsorship journey, it's crucial to determine your eligibility as a sponsor and your partner's eligibility as a sponsored person. The sponsorship eligibility tool can help you assess your situation and provide guidance on the next steps for your application.
Application Process for Spousal Sponsorship
The spousal sponsorship application process involves two main steps:
Sponsorship Application: The sponsor submits a sponsorship application to Immigration, Refugees and Citizenship Canada (IRCC) to demonstrate their eligibility to sponsor their spouse, common-law partner, or conjugal partner.
Permanent Residence Application: The sponsored person submits a permanent residence application concurrently with the sponsorship application. This application includes supporting documents that prove the genuineness of the relationship and the sponsored person's admissibility to Canada.
The processing time for spousal sponsorship applications varies depending on the type of sponsorship (inland or outland) and the country where the application is being processed. Keep in mind that incomplete or inaccurate applications can lead to delays or even refusal.
Steps to apply for Spousal Sponsorship application to Canada
Applying to sponsor a spouse is a four-step process:
Step 1. Obtain the application package found on the government website; it contains a guide with instructions and forms that will help you complete the process correctly.
Step 2. Pay the online application fee, which includes the following:
Processing fees for all persons included in the application;
Right of Permanent Residence Fee;
Biometrics fees;
Other third-party fees, if applicable.
Step 3. Submit your application by following the submission instructions provided in the guide you downloaded.
Step 4. Submit the required supporting documents when prompted.