Canada Spouse Visa

Spousal sponsorship plays a significant role in Canada's immigration framework. If you are a Canadian citizen or a permanent resident, you have the ability to sponsor your spouse, common-law partner, or conjugal partner for Canadian permanent resident status. The Canadian government strives to make decisions regarding spousal sponsorship applications within a 12-month timeframe.

What is Spousal Sponsorship?

The Canadian government permits Canadian citizens and permanent residents who are in a relationship with a foreign national to sponsor that individual to join them and attain permanent residency in Canada. You may sponsor your spouse, common-law partner, or conjugal partner. There are two primary options available for sponsorship: Outland and Inland sponsorship.

How many spouses and partners does Canada welcome each year?

According to its Immigration Levels Plan, Canada intends to welcome over 400,000 new immigrants annually. Approximately 60 percent are designated as economic class skilled workers, followed by family class immigrants and refugees. Within the family class immigrants, Canada aims to welcome around 80,000 each year under the Spouses, Partners, and Children category.

Am I Qualified to be a Sponsor?

• You may qualify as a sponsor if:
• You are at least 18 years old;
• A Canadian citizen, a permanent resident residing in Canada, or an individual registered under the Canadian Indian Act
• You reside in Canada or are a Canadian citizen intending to return to the country
• You are not receiving social assistance for reasons other than a disability
• You can meet your basic needs, as well as those of your spouse or partner and, if applicable, those of dependent children.

As a sponsor, you are required to:

As a sponsor, you are required to:

• Be capable of providing financial support to your partner
• Ensure that they will not need to rely on social assistance from the government.

What are the prerequisites for sponsoring someone in Canada?

Sponsoring a spouse in Canada entails a commitment to offer financial assistance to the individual being sponsored, which includes any dependent children. As a sponsor, you will need to sign an undertaking that guarantees the provision for the essential needs of the sponsored individual.

These essential needs encompass:

• Housing, inclusive of utility expenses
• Food and personal hygiene items
• Clothing and other necessities for everyday living
• Medical costs not covered by public health insurance, such as dental and vision care.

Your responsibilities as a sponsor commence the moment the undertaking takes effect. The duration of the undertaking is three years from the date your spouse, common-law partner, or conjugal partner attains permanent residency.

You are unable to cancel or withdraw an undertaking, even if your personal or financial circumstances change, once the sponsorship application has received approval from Immigration, Refugees and Citizenship Canada (IRCC).

What is the income requirement to sponsor your spouse or partner?

There is no defined income threshold necessary to sponsor your spouse or partner to Canada.

Nevertheless, the financial criteria for spousal sponsorship include the following:

• You must demonstrate that you possess adequate income or assets to support your spouse or partner upon their arrival in Canada
• You must not be receiving income support benefits from any province or be undergoing bankruptcy proceedings.

If you are in receipt of Employment Insurance benefits or disability benefits, you may still proceed to sponsor your spouse, common-law partner, or conjugal partner.

Who Can I Sponsor?

To obtain a visa through this immigration program, you and your foreign spouse or partner must demonstrate that you are in a genuine relationship that fits into one of the three specified categories:

• Spouse: you are legally married
• Common-law partner: you have lived or are currently living with your partner for a minimum of 12 consecutive months in a relationship akin to marriage
• Conjugal partner: you must have maintained a continuous and committed relationship for at least 12 months but faced significant barriers that hinder your cohabitation (such as cultural, religious, or immigration challenges).

The individual you are sponsoring must:

• Be at least 18 years of age
• Successfully pass all background, security, and medical examinations.
• Both the Canadian citizen or permanent resident and the foreign national must receive approval from IRCC before the sponsored individual can be granted a visa.

Can I sponsor my same-sex spouse or partner?

Canada acknowledges same-sex marriages and relationships, and your spouse or partner may qualify to apply under one of the three categories mentioned above, provided that both individuals satisfy all eligibility requirements. If your marriage occurred outside of Canada, it must be legally recognized in the jurisdiction where it took place. How can I demonstrate that my common-law relationship is authentic?

To establish the duration and nature of your relationship, you will be required to provide documents such as:

• Relationship Information and Sponsorship Evaluation Questionnaire
• Birth certificates, marriage certificates, or adoption records for any children you and your common-law partner share
• Photographs of you and your common-law partner that illustrate your relationship
• Documents that confirm you are recognized as common-law partners, such as employment or insurance benefits
• Evidence of shared expenses between you and your partner
• Proof of your relationship (letters, emails, social media)

If there is any suggestion that your relationship is not genuine, the sponsorship application will be rejected.

How Can I Apply?

Before initiating the application process, ensure that both you and your loved one fulfill all eligibility requirements.

The application process necessitates the simultaneous submission of the following two applications:

• Your application to sponsor your spouse or partner
• Your spouse or partner’s application for permanent residence

Sponsoring a spouse involves a four-step procedure:

Step 1. Acquire the application package available on the government website; it includes a guide with instructions and forms that will assist you in accurately completing the process.

Step 2. Remit the online application fee, which encompasses the following:

• Processing fees for all individuals included in the application;
• Right of Permanent Residence Fee;
• Biometrics fees;
• Any other applicable third-party fees.

Step 3. Submit your application by adhering to the submission instructions outlined in the guide you downloaded.

Step 4. Provide the necessary supporting documents when requested.

What are Outland and Inland applications in Canada?

Couples have two options to choose from when submitting their application:

Outland Sponsorship

Generally, applications to sponsor a foreign spouse or partner are submitted when the sponsored individual resides outside of Canada while the Canadian sponsor lives within the country.

The foreign spouse or partner may be permitted to enter and exit Canada during the application process, provided they are from a visa-exempt country or have obtained the necessary Canadian visa. Meanwhile, the Canadian spouse or partner must remain in Canada while the application is under review.

Applications originating from outside Canada are processed by the visa office that serves the applicant's country of origin or the country where the applicant has legally resided for a minimum of one year.

Inland Sponsorship

To submit a sponsorship application under this category, both spouses must reside together in Canada, and the foreign spouse or partner must hold temporary status in Canada as a worker, student, or visitor.

The sponsor and the applicant spouse are required to cohabit in Canada for the entire duration of the application processing. This type of sponsorship application is submitted within Canada.

Foreign spouses who are in Canada and possess legal temporary status may apply for an Open Work Permit (OWP) while their Inland sponsorship application is being processed, enabling them to work for any Canadian employer. This provision aims to mitigate potential financial difficulties arising from possibly prolonged application processing times.

Where do I submit my spousal sponsorship application?

In general, applications to sponsor a spouse or partner can be submitted either from outside Canada at a visa office abroad or within Canada at a local immigration office. Sponsorship applications for conjugal partners can only be submitted through an outside of Canada application process.

How long do sponsorship applications usually take?

The typical processing time for spousal applications is 12 months.