We’re doing the right thing.
Canadian spousal sponsorship provides a way for Canadian citizens and permanent residents to sponsor their partner to come to the country and live here permanently. Canadian citizens or permanent residents of Canada are eligible to sponsor their partners so that families can be together. Canada’s immigration system recognizes the importance of spousal sponsorship, aiming to help 80,000 people immigrate to Canada each year through Spousal, Partner, and Children categories. Canada expects most of these new immigrants will be spouses or partners of Canadian citizens and permanent residents.
There are two methods of making a sponsorship application:
If you are a citizen or permanent resident of Canada, you may sponsor your spouse, common-law partner, or conjugal partner so that they may obtain their permanent resident status in Canada. Immigration, Refugees, and Citizenship Canada (IRCC) processes spousal sponsorship applications. When evaluating spousal sponsorships, the IRCC must approve of both the Canadian citizen or permanent resident (known as the sponsor) and the foreigner (known as the sponsored person). The IRCC will look to see that the sponsor and sponsored person can demonstrate that their relationship falls under one of the following categories:
If you want to sponsor your spouse under one of the above three categories, you may be eligible to do so as a Canadian citizen or permanent resident. Canada does recognize same-sex relationships. You are eligible to sponsor your spouse if you:
Canadian citizens living abroad may still be eligible to sponsor their partners. However, if you are a Canadian citizen living abroad, you will need to demonstrate to the IRCC that you plan to live in Canada with your partner once your partner becomes a permanent resident.
If you are a
permanent resident of Canada yourself, you must live in Canada to be eligible to apply for spousal sponsorship in Canada.
You can use the following steps to sponsor a partner to Canada:
How to Sponsor a Conjugal Partner in Canada
Spouses, common-law partners, and conjugal partners are all eligible for sponsorship in Canada. No matter which category your partner belongs to, the sponsored person needs to be at least 18 years old to be eligible for sponsorship.
There are certain details to keep in mind when you are determining if your partner is eligible for sponsorship, and which category applies to their application.
If you plan to sponsor a spouse, the IRCC requires the spouse of the Canadian citizen or permanent resident to be legally married to their sponsor.
Your partner may be eligible for sponsorship even if you are not legally married. However, the partner being sponsored must have lived with their sponsor for a minimum of one year in a marriage-like relationship.
If you wish to sponsor a conjugal partner to Canada, IRCC will also consider your sponsorship application even if the partner being sponsored is not legally married to their sponsor. Conjugal partners must also be in a relationship for a minimum of one year. Conjugal partners must also be in a relationship for a minimum of one year. A conjugal partner may reside outside of Canada to be eligible for sponsorship, and they may be unable to marry their sponsor. The IRCC recognizes various reasons why conjugal partners may not be able to legally marry, including cultural, legal, or religious reasons.
There is no specific length of time or legal documentation that definitively solidifies your commitment to your partner in either a common-law or conjugal relationship. Immigration officers will instead expect to see evidence of a serious, committed relationship with significant interpersonal and emotional ties. Immigration officers will also look for evidence that you intend to remain in the relationship for the long term.
A Canadian spousal sponsorship application can be very straightforward or exceedingly complex to present to an immigration officer, depending on the relationship. Here are some factors to keep in mind with regards to spousal sponsorship applications in Canada:
Canada’s Immigration and Refugee Protection Regulations state that a person’s failure to declare or have examined a spouse, common-law partner, conjugal partner or dependent child while going through their visa process excludes said spouse or relative from later being sponsored under the family class sponsorship rules, which are more lenient.
The rule is intended to discourage applicants from not declaring family members or spouses out of fear that it could affect their own visa or permanent residence application. Subsection 117(9)(d) could apply, for example, to a person who was sponsored by a spouse, but failed to declare or have examined a close family member such as a child. It could also apply to someone who got married shortly before receiving their Canadian permanent resident status, but failed to inform
Citizenship and Immigration Canada (CIC).
A pilot project, launched in late 2019, opens the doors for sponsorship applications to be filled for previously undeclared or unexamined family members, as long as they were not made ineligible or inadmissible for immigration to Canada.
Under this program, immigrants—and refugees—can now file inland spousal sponsorship applications for previously undeclared family members and possibly benefit from an exemption to 117(9)(d). Each situation is considered on its own merits, giving sponsors a chance to explain the specifics of their situation with the hopes that it could lead to the approval of their application.
Chaudary Law can help sponsors assess their case and navigate the process of sponsoring an undeclared spouse or relative. For more information on spousal sponsorship application forms and requirements, check out our blog article on
what to do if you did not declare a spouse under 117(9)(d).
Eligibility for spousal sponsorship in any category requires you to prove that your relationship is legitimate. Depending on the nature and category of your relationship, immigration officers will consider several factors.
Officers will look at both traditional and unique items to assess whether your relationship is genuine. This includes wedding photographs showing family members witnessing the event as well as items unique to your cultural practices. If you have an unconventional relationship, you will likely want to provide additional evidence that your relationship is genuine. This might include letters of explanation that show officers why your relationship does not have the same indicators as a traditional marriage would in your cultural background.
Keep in mind that marriage ceremonies conducted via the internet will not be accepted for Canadian immigration applications.
Hiring an experienced immigration lawyer can significantly improve the quality of your Canadian spousal sponsorship application. An experienced lawyer can help you in choosing suitable photographs, including essential background information, or preparing for an interview.The best remedy against these concerns is proper preparation of the documents, as well as a scrutinizing of the supporting documents by an experienced
Canadian immigration lawyer.
An experienced Canadian immigration lawyer can make judgment calls about:
Explore common questions and answers to learn more about our services and what to expect.
You can use the following resources for more guidance with spousal sponsorship:
Yes — if you wish to sponsor a conjugal partner to Canada, IRCC will consider your application provided you can demonstrate a serious, committed relationship of at least one year. This category exists for partners who cannot legally marry or live together due to cultural, legal, or religious reasons. Speak with an experienced Canadian immigration lawyer to ensure your application meets IRCC’s evidence standards.
