Reuniting with your partner is one of the most important journeys you can take. For Canadian citizens and permanent residents, the Spousal and Common-Law Sponsorship program is the primary pathway to bring your partner to Canada and help them gain permanent residence.
This program, which falls under the Family Class of immigration, is one of Canada’s top priorities.1 Immigration, Refugees and Citizenship Canada (IRCC) recognizes the importance of keeping families together and generally processes these applications with high priority.2
However, the process is detailed and document-heavy. A successful application hinges on proving that your relationship is genuine. This guide will break down the essentials of the program, clarifying who is eligible, what you need to prove, and the critical decisions you’ll need to make.
1. Who Can Sponsor a Partner? (The Sponsor)
To be a sponsor, you must be a Canadian citizen or permanent resident (or a person registered in Canada as an Indian under the Canadian Indian Act) and you must:
- Be at least 18 years old.
- Live in Canada.
- Exception: If you are a Canadian citizen, you can sponsor your partner while living abroad, but you must prove that you intend to return to Canada to live once your partner becomes a permanent resident. (This exception does not apply to permanent residents).
- Not be in prison, bankrupt, or under a removal order (if you are a permanent resident).
- Not have sponsored a previous spouse within the last 3 years.
- Sign an “Undertaking.” This is a legal contract with the Government of Canada where you promise to financially support your partner for three years from the day they become a permanent resident.3 This includes repaying any social assistance (welfare) they may receive during that time.
2. Who Can Be Sponsored? (The Applicant)
The person you are sponsoring must fall into one of three categories. It is crucial to apply under the correct one.
💍 Spouse
You are spouses if you are legally married to each other.
- Your marriage must be legally valid in the country where it took place and under Canadian law.
- Polygamous marriages are not valid for immigration to Canada.
- You must provide a marriage certificate.
Common-Law Partner
You are in a common-law relationship if you have been living together in a marriage-like relationship (cohabitating) for at least 12 consecutive months.
- You must provide substantial proof that you live together, such as joint lease agreements, utility bills in both names, joint bank accounts, or mail addressed to both of you at the same address.
3. The Most Critical Factor: Proving Your Relationship is “Genuine”
IRCC’s primary concern is to filter out “relationships of convenience,” or marriages entered into solely for immigration benefits. The burden of proof is on you, the couple, to demonstrate that your relationship is real and was not entered into for “bad faith.”
You must submit strong evidence. Simply having a marriage certificate or a 12-month lease is not enough. Your application should tell the story of your relationship.
Types of Evidence to Include (examples):
- Relationship History: A detailed narrative of how you met, how your relationship developed, and your plans for the future.
- Photos: Pictures of you together over time, with family and friends, on trips, and at significant events.
- Communication: Chat logs (WhatsApp, text messages), emails, and call logs showing regular contact, especially during any periods of separation.8
- Financial Combingling: Evidence of shared finances, such as joint bank accounts, joint utility bills, or money transfers to each other.
- Joint Assets: Proof of any property you own together (like a car or home) or a joint lease.
- Support Letters: Letters from family members and friends on both sides who can attest to the genuineness of your relationship.
4. A Key Decision: Inland vs. Outland Sponsorship
You must choose whether to submit an “Inland” or “Outland” application. This decision has significant consequences for processing, work permits, and appeal rights.
| Feature | Inland Sponsorship | Outland Sponsorship |
|---|---|---|
| Applicant’s Location | The applicant must be living in Canada with the sponsor. | The applicant can be living in Canada or anywhere else in the world. |
| Work Permit | Yes. The applicant can usually apply for a Spousal Open Work Permit (SOWP) at the same time as the sponsorship application, allowing them to work in Canada while they wait. | No. The applicant is not eligible for an SOWP through this stream. They must wait for permanent residence to work. |
| Maintaining Status | The applicant must maintain legal temporary status (as a visitor, student, or worker) in Canada throughout the process. | The applicant’s location (and status, if in Canada) is more flexible. |
| Appeal Rights | No. If the application is refused, you cannot appeal to the Immigration Appeal Division (IAD). You can only challenge the decision in Federal Court. | Yes. If the application is refused, the sponsor (if they are a Canadian citizen or PR living in Canada) has the right to appeal the decision to the IAD. |
| Processing | Processed entirely within Canada. The applicant may be called for an interview in Canada. | Processed by the visa office responsible for the applicant’s country of nationality or residence. Interviews (if required) happen at that office. |
Which one is right for you?
- Choose Inland if: Your partner is already in Canada with you, you want them to be able to work as soon as possible (via SOWP), and you are confident in the strength of your application.
- Choose Outland if: Your partner is living abroad, you want the security of appeal rights, or if your partner in Canada prefers the flexibility to travel in and out of thecountry while the application is processed (though re-entry is never guaranteed).9
5. Start Your New Life Together
The spousal sponsorship process is complex, but it is one of the most rewarding. A complete, well-prepared, and honest application is the key to a smooth process. Submitting a strong file from the very beginning can prevent long delays, procedural fairness letters, or even a refusal.
By understanding the requirements and carefully documenting your genuine relationship, you can successfully navigate this process and begin your new life together in Canada.
We Can Help
The journey to reuniting with your partner is personal and high-stakes. Our team of experts understands the nuances of spousal sponsorship applications and can help you put your best case forward.
Contact us today for a consultation to discuss your specific situation and create a clear strategy for your application.