Spouse, Common-law and Conjugal Partner Sponsorship
Canadian citizens and Permanent Residents may be able to sponsor their:
Spouse
Legally married couple living together as a husband and wife.
Common-law Partners
Not legally married but have been living together in a conjugal relationship for at least 12 consecutive months.
Conjugal Partners
A relationship where individuals are financially, socially, emotionally, and physically dependent on one another for at least one year but have had significant obstacles preventing both from living with one another.
Same-Sex Spouse or Partner Sponsorship
Canada recognizes same-sex marriages and relationships and individuals who are eligible to sponsor may apply in one of the three types listed above.
Eligibility Requirements to Sponsor
To be eligible to sponsor your spouse, you must;
- Be a Canadian or permanent resident of Canada
- Be 18 years or older
- Reside in Canada or intend to live in Canada after your spouse is granted permanent residence
- Be able to financially support the sponsored individual(s)
- Ensure they don’t require social assistance from the government.
Eligibility Requirements for the Sponsored
- Must be 18
- Not be inadmissible to Canada
Categories of Spousal Sponsorships
You have two options to select from when submitting a spousal sponsorship application.
Outland or Overseas Spousal Sponsorship
You can use this option to sponsor your spouse or common-law partner who lives in another country. In the event of a refusal, you can also appeal to the Immigration Appeal Division (AID).
Inland Spousal Sponsorship
This option allows you to sponsor your spouse or common law partner who is already living with you in Canada. The sponsored must not be inadmissible to Canada. The sponsored will be eligible to apply for an Open Work Permit.
Generally, applications for spousal sponsorship can be submitted either outside Canada at a visa office abroad or within Canada at a local immigration office.
However, sponsorship applications for conjugal partners can only be submitted through an outside of Canada application process.
Spousal sponsorship must receive approval from IRCC. The processing time for spousal sponsorship application is 8-12 months. This may vary under special circumstances.
Bars to Spousal Sponsorship?
If you meet one of the following situations, you may not be able to sponsor your spouse or partner for permanent residence.
- You have previously sponsored a spouse and, it has been less than 5 years since the sponsored became permanent resident. This rule applies even if you got your citizenship within those 5 years.
- The sponsor is subject to a removal order
- The sponsor is detained in jail, prison or penitentiary
- The sponsor has been previously convicted of a specified crime (violent or sexual)
- The sponsor is in default of spousal or child support payments ordered by a court in or outside Canada
- The person is in default of a debt owed under immigration law
- The person is in default of a previous sponsorship undertaking
- The person is in receipt of social assistance other than for reasons of disability
In some cases, you may be able to overcome a sponsorship bar such as repaying an immigration debt or monies received from social assistance or in cases where the sponsor has received a pardon. This dispensation is handled on a case-by-case basis.
Inland Spousal Sponsorship
Inland Spousal Sponsorship (ISS) allows Canadians and permanent residents to sponsor their loved one provided they are legally cohabiting together in Canada.
The foreign spouse or common-law partner must have a valid temporary status in Canada either as a worker, student or visitor to apply under Inland sponsorship. The sponsored person will be able to continue living, working or studying in Canada while their application is being processed.
The sponsored spouse can also apply for Open Work Permit which may help to alleviate the financial hardships and emotional distress associated with the lengthy application processes, as well as provide the sponsored with the opportunity to participate in the Canadian labour market.
Outland Sponsorship may be a better option if the sponsored spouse does not intend to stay in Canada while their application is being processed.
While the applicant maybe able to enter and leave Canada while their application is in process, frequent or extended periods of travel outside Canada is not advisable since an application can be refused if an inland applicant is determined not to be residing in Canada.
Who is Eligible for Inland Sponsorship?
The couple must meet several conditions including:
- Your sponsored spouse or partner must have a temporary resident permit in Canada
- Your sponsored spouse or partner must reside in Canada
- The sponsor and sponsored must be at least 18 years old or older
- The relationship between the sponsor and sponsored must be one of the following prescribed relationships;
a. Spouse: you are legally married, and the marriage is valid under the laws of the country where it was registered;
b. Common-law Partner:: couple are co-habiting or have cohabited with your partner in a marriage-like relationship for at least 12 continuous months;
c. The sponsored person must not have been sponsored by their spouse in Canada in the five years preceding the submission of their application.
Conjugal Partnership:: Relationship in which two people cannot live or marry because of religious or marital barriers are ineligibility for inland sponsorship. The current processing time for Inland Spousal Sponsorship application is 12 months.
Outland or Overseas Spousal Sponsorship
If your spouse lives outside of Canada, you can sponsor him or her for permanent residence in Canada through the Outland Spousal Sponsorship (OSS) pathway.
The difference between the Inland Spousal Sponsorship and the Outland Spousal Sponsorship is that the former requires the couple to live together in Canada, whereas the latter does not.
A spousal applicant who lives in Canada may choose to be sponsored through the OSS pathway. This allows applicant to travel to and from Canada while the application is being processed. It is also a better option for people whose employment or personal circumstances necessitate them to be able to enter and exit Canada.
Who is Eligible to Apply through Outland Spousal Sponsorship?
To be able to sponsor a spouse through the OSS pathway, both the sponsor and sponsored must meet several requirements including;
- Sponsor must be a Canadian citizen or permanent resident
- Sponsor and sponsored must be 18 years and above
- Sponsor must not have sponsored a spouse in Canada in the five years preceding the submission of their application;
- Neither spouse must be in prison, charged with a serious offence or bankrupt;
- The relationship between the sponsor and sponsored must be one of the following prescribed relationships.