Complete Guide to Sponsoring a Spouse or Partner under Canadian Immigration Law
Canada’s Family Class Spousal Sponsorship Program allows Canadian citizens and permanent residents to sponsor their spouse or partner for permanent residence in Canada. This program is designed to reunite families and is one of the most commonly used immigration pathways worldwide.
Spousal sponsorship applications are assessed by Immigration, Refugees and Citizenship Canada (IRCC) and require careful legal preparation to avoid refusals, delays, or allegations of non-genuine relationships.
Who Can Be Sponsored Under Canada’s Spousal Sponsorship Program?
You may sponsor your partner if they fall under one of the following categories:
1. Spouse
- Legally married to the sponsor
- Marriage must be legally valid in the country where it took place and under Canadian law
2. Common-Law Partner
- Lived together in a marriage-like relationship for at least 12 consecutive months
- Proof of cohabitation is required (joint lease, bills, correspondence, etc.)
3. Conjugal Partner
- In a committed relationship for at least one year
- Unable to live together or marry due to legal, religious, or immigration barriers
- This category is strictly assessed and often refused without strong legal evidence
Sponsor Eligibility Requirements (Canada)
To sponsor a spouse or partner, the sponsor must:
- Be 18 years or older
- Be a Canadian citizen or permanent resident
- Reside in Canada (or show intent to return if a citizen abroad)
- Not be in default of previous sponsorship obligations
- Not be receiving social assistance (except for disability)
- Not be bankrupt, incarcerated, or under a removal order
- Not have serious criminal convictions (especially violent or family-related)
There is no minimum income requirement for spousal sponsorship, unlike parent/grandparent sponsorship.
Outland vs. Inland Spousal Sponsorship
Outland Sponsorship
- Applicant lives outside Canada
- Processed through a visa office abroad
- Allows travel during processing (with proper visas)
- Faster appeal rights if refused
Inland Sponsorship
- Applicant lives inside Canada
- Eligible for open work permit
- Must remain in Canada during processing
- No appeal rights if refused (judicial review only)
Proving a Genuine Relationship (Most Critical Factor)
IRCC closely examines whether the relationship is:
Genuine- Not entered into primarily for immigration purposes
Evidence Commonly Required:
- Marriage certificate or proof of relationship
- Photos together over time
- Travel history
- Chat logs, call records, emails
- Joint finances, leases, insurance
- Letters from friends and family
- Cultural or religious explanations (if applicable)
Relationships involving age gaps, short courtships, online meetings, or prior refusals require stronger legal submissions.
Processing Times (Approximate)
- Spousal sponsorship: ~12 months
- Times may vary based on:
- Background/security checksCompleteness of application
- Interview requirements
- Country of residence
Common Reasons Spousal Sponsorship Applications Are Refused:
- Insufficient proof of relationship
- Inconsistencies in answers or documents
- Previous immigration refusals
- Cultural misunderstandings not explained
- Failure to disclose prior marriages or children
- Weak conjugal partner claims
Legal representation significantly reduces refusal risk.
Why Work With an Immigration Lawyer?
Spousal sponsorship applications involve:
- Legal interpretation
- Evidence strategy
- Anticipating officer concerns
- Avoiding misrepresentation allegations
Professional guidance ensures compliance with IRCC standards and protects your family’s future in Canada.
Speak With a Canada Immigration Lawyer:
If you are considering filing Family Class Sponsorship Canada, professional legal advice can help protect your family’s future and avoid costly mistakes. Contact our professional legal team at YA Law if you need help.