#4. Family Sponsorship: Spousal Sponsorship in Canada

Family reunification is a key priority for Canadian immigration. The Family Sponsorship Program allows Canadian citizens and permanent residents to sponsor their loved ones, helping them become permanent residents of Canada. Eligible family members include:

1. Spouse or common-law/conjugal partner
2. Dependent children (including adopted children)
3. Parents and grandparents
4. Orphaned siblings, nephews, nieces, or grandchildren (in specific situations)

In this article, we focus on the Spousal Sponsorship process, a pathway that enables Canadian citizens and permanent residents to bring their spouse, common-law, or conjugal partner to Canada permanently.

 

What is Spousal Sponsorship?

The Spousal Sponsorship Program is part of Canada’s family reunification effort. Canadian citizens and permanent residents can sponsor their spouse, common-law, or conjugal partner to live with them in Canada as permanent residents.

At the heart of this process is the belief that families should be together, which is why spousal sponsorship applications are prioritized. Here, we’ll walk you through everything you need to know about sponsoring your partner, whether they are a spouse, common-law, or conjugal partner.

 

Key Relationship Types

1. Spouse: Legally married to the sponsor.
2. Common-law Partner: Lived together in a conjugal relationship for at least one continuous year.
3. Conjugal Partner: In a genuine relationship for at least one year but unable to live together due to extenuating circumstances.

Each category has its own documentation and eligibility criteria for Canadian immigration. We will cover the specific details of these relationships in a future post.

 

The Two Types of Spousal Sponsorship in Canada

1. Family Class (Outland) Sponsorship

• Best for those whose spouse or partner lives outside of Canada.
• It allows the applicant to travel to Canada on a temporary visa while their permanent residency application is being processed.

A downside is that until the application is approved, living with your spouse in Canada may be difficult. Applying for a temporary visa might help bridge this gap. 

Link to the IRCC’s temporary visa application page.

 

2. In Canada Sponsorship

• Best for those who are living with their partner in Canada.
• Allows the applicant to apply for an open work permit, enabling them to work while the application is processed.

However, leaving Canada during the application process is risky as it may affect re-entry. Additionally, partners out of status in Canada may still qualify under a public policy, offering them some protection.

 

How Long Does Spousal Sponsorship Take?

Typically, spousal sponsorship applications take about 12 months to process. However, the processing time can be extended depending on the complexity of your case and the need for additional documentation.

To avoid delays, ensure your application is accurate and complete from the beginning. Consider using a qualified immigration lawyer to strengthen your application and reduce the chances of requests for additional information.

 

Sponsorship Fees and Requirements

The total government fees for sponsoring a spouse, common-law, or conjugal partner amount to $1165, which includes:

• Sponsorship fee: $75
• Principal applicant processing fee: $490
• Right of permanent residence fee: $515
• Biometrics fee: $85

If there are dependent children, there is an additional fee of $150 per child.

Link to the official IRCC fee structure page.

 

Who Can Sponsor Their Spouse?

To sponsor your spouse, conjugal partner, or common-law partner under the Spousal Sponsorship Program, you must meet these conditions:

• Be at least 18 years old
• Be a Canadian citizen or permanent resident
• Be able to support your partner financially for three years
• Prove your relationship is legitimate

Unlike other sponsorship programs, there’s no minimum income requirement for spousal sponsorship, but you must sign an undertaking agreement promising to provide for your partner’s basic needs.

 

Documents Required for Spousal Sponsorship

When submitting your spousal sponsorship application, ensure that you include:

• Completed application forms
• Proof of your status in Canada
• Identity documents (e.g., passport, birth certificate)
• Marriage certificate or proof of common-law/conjugal relationship
• Police certificates and clearances
• Medical exams for your spouse/partner
• Proof of relationship (e.g., photos, joint finances, shared property)

If you're unable to provide all of these documents, you can submit sworn declarations from family and friends to demonstrate the legitimacy of your relationship.

 

Common Reasons for Application Refusal

A spousal sponsorship application can be refused if the immigration officer doubts the legitimacy of the relationship. Typical red flags include:

• Lack of relationship documentation
• Contradictions in application forms
• Significant age or cultural differences between partners
• Short dating periods before marriage

Providing as much detailed documentation as possible will help avoid these issues. If your relationship has unconventional elements, add a letter of explanation.

 

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Spousal sponsorship is one of the most important ways to reunite families in Canada, allowing spouses, common-law, and conjugal partners to live together permanently. The application process may seem overwhelming, but with the right preparation and guidance, you can ensure a smooth experience. Consulting with a knowledgeable immigration lawyer can also provide peace of mind and help avoid costly delays.

For further assistance on your immigration journey, feel free to contact D&D Law, your trusted partner in navigating Canada's immigration system.

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