Spousal Sponsorship

Who Can Be a Sponsor?

To qualify as a sponsor, you must:

• Be at least 18 years old.
• Be a Canadian national, permanent resident or registered under the Canadian Indian Act.
• Reside in Canada:
  • As a Canadian citizen, you can sponsor your spouse from abroad if you intend to reside in Canada when your spouse becomes a permanent resident.
  • As a permanent resident in Canada, you must reside in Canada during the sponsorship process.
• Demonstrate the ability to provide basic needs for yourself and the sponsored person.
• Prove that you won’t rely on social assistance, excluding disability benefits.

Who Can Be Sponsored?

The individuals you can sponsor include your:

• Spouse:
• • Must be 18 years old or above
  • Must be legally married to you
  • Can be same-sex or different sex
• Common-law partner:
  • Must be at least 18 years old
  • Must not be legally married to you
  • Must have cohabited with you for at least 12 consecutive months in a marriage-like relationship without long periods of separation
  • Can be same-sex or different sex
• Conjugal partner:
  • Must be at least 18 years old
  • Resides outside Canada
  • Must not be in a common-law or legally marital relationship with you
  • Must have been in a relationship with you for the last 12 months
  • Can’t marry or cohabit with you in their home country due to immigration and legal reasons
  • Can be same-sex or different sex

Financial Requirements for Sponsors

While you are not required to have a certain amount of income for spousal sponsorship, you must agree to a legal undertaking to financially support the sponsored individual (principal applicant) for 3 years. This demonstrates to the Canadian authorities that your spouse or common law partner won’t rely on social assistance during this period in Canada. To fulfil the financial requirement, you must:

• Not be in bankruptcy proceedings or relying on any province for income support.
• Prove that you have sufficient funds to support your partner or spouse when they enter Canada.

Should your spouse or partner receive social benefits from the government, you must repay them during the period you’re responsible for your spouse or partner in Canada.

Rules for Same-Sex Couples and Long-Distance Relationships

Canada’s immigration laws recognise same-sex marriages and partnerships. The Parliament of Canada legalised same-sex marriage in 2005, and since then, same-sex couples have always enjoyed the same rights as heterosexual couples.

As such, same-sex couples in long-distance relationships are treated the same as heterosexual couples in terms of immigration and legal recognition of their relationship. You must comply with certain requirements or rules to sponsor your same-sex spouse or partner. Hence:

• If you married your spouse or partner abroad, the union must be legal in that country.
• You and your spouse or partner must be at least 16 years old. The age limit can be higher, if the relationship is of trust, dependency or authority.
• You and your spouse must not be closely related by blood, although this can vary by jurisdiction.
• You and your spouse or partner must be mentally ready to engage in a marriage contract.
• You and your spouse or partner must not be in any other legalised marriage.
• You must prove the genuineness of your relationship with them, especially in long-distance relationships. The proof can include:
  • Communication (phone calls, text messages, video call screenshots, etc.)
  • Proof of visits
  • Financial interdependence
  • Correspondence
  • Affidavits from friends and family
• You and your spouse or partner must follow local laws and regulations, especially if you’re not a permanent resident or Canadian citizen.

Restrictions on Sponsorship Eligibility

You may not be allowed to sponsor your partner or spouse if:

• You have not repaid your immigration loan or breached a performance bond.
• You’re less than 18.
• You intend to sponsor a spouse or partner when you have already sponsored another spouse or partner who hasn’t resided as a permanent resident in Canada for 3 years.
• Someone previously sponsored you as a spouse or partner, and although you haven’t resided in Canada for 5 years as a permanent resident, you intend to sponsor a spouse or partner.
• You didn’t pay child support or court-ordered alimony.
• You previously sponsored a spouse or partner but didn’t repay the social benefits they accessed while your undertaking agreement was active.
• You are in prison or facing certain criminal charges.
• You have been ordered to be removed from Canada.
• You are in prison.
• You have already applied to sponsor your spouse or partner, but your application has still not been processed.

Overview

You must submit your spousal sponsorship application online. However, other application formats such as paper, braille, or large print can be made available for applicants who cannot apply online due to circumstances such as disability.

Individuals seeking to bring their spouses or partners to join them in Canada must follow the spousal sponsorship process:

Step 1: Determine Eligibility

You and your spouse or partner must meet the above eligibility criteria before you apply for spousal sponsorship. To ensure you meet all requirements, you and your spouse or partner can contact a professional immigration lawyer at Total Law to help assess your situation.

Step 2: Apply to Sponsor or to Be Sponsored

After determining your eligibility for spousal sponsorship, you and your spouse or partner must apply separately. You must apply to become a sponsor, whereas your spouse or partner must apply for permanent residence in Canada.

Apply to Sponsor

To sponsor your spouse or partner, you must download and complete the form IMM 1344 in your application package. The application package contains a document checklist you and your spouse or partner must provide, the forms you must complete, and guidelines for filling out those forms. You and your spouse or partner must sign the forms digitally where appropriate. The sponsored spouse or partner must include those forms in their online application.

Apply to Be Sponsored

The individual you intend to sponsor (spouse or partner) must create an online account for permanent residence on the Canadian immigration portal. They must complete the following forms online:

• Form IMM 0008 (Generic Application Form for Canada)
• Form IMM 5669 (Schedule A-Background/Declaration)
• Form IMM 5406 (Additional Family Information)
• Form IMM 5562 (Supplementary Information Form) for your travels

Step 3: Gather Required Documents

You and your spouse or partner must gather many documents to prove your eligibility for the spousal sponsorship. Your application package contains the document checklist you and your spouse or partner must provide. Ensure you include all the required documents as any omission can result in the refusal of your application.

Step 4: Pay Fees and Submit Biometrics

Applicants seeking to bring their spouse or partner to Canada must pay certain fees, including:

• Permanent residence application fee
• Biometric fee (if applicable)
• Processing fee

After paying all the required fees, you and your spouse or partner must submit your biometric information (digital photograph and fingerprints), if you’re not exempt.

Step 5: Complete and Submit the Application

You must complete your application and submit it according to the instructions in the application guide (in the application package).

Step 6: Wait for Processing and Updates

Immigration, Refugees, and Citizenship Canada (IRCC) will receive and process your application within a few months. However, the processing time for a Canada Spouse visa can be up to 12 months. During this period, IRCC may ask you to provide additional documents to support your application if your submission doesn’t satisfy them.

Relationship Evidence 

Individuals who enter into an arranged relationship just to obtain permanent residency in Canada risk deportation. The relationship between you and your spouse or partner (principal applicant) must be genuine and subsisting. Hence, you must provide relationship evidence to IRCC, demonstrating an authentic relationship. The relationship evidence can include:

• Marriage certificate: You must include an official marriage certificate from the country of marriage. This proves that you’re legally married to your spouse.
• Proof of contact: This can include emails, letters, conversations on social media, text messages, travel history, and more.
• Proof of children: If you have children with the principal applicant, both of you can provide your children’s birth certificates.
• Proof of cohabitation: If you have previously lived with the principal applicant, you can prove it by providing evidence of:
• • Joint bank account statements
  • Rental agreements
  • Vehicle insurance documents, and more.
• Affidavits from family and friends to confirm the relationship.
• Wedding or engagement photos and invitations.

Identity Documents

You and the principal applicant must provide valid identification documents to help the Canadian immigration authorities verify your identity as genuine applicants and not a potential security risk:

• Birth certificates
• Passports (biographical page)
• National ID cards (if applicable)
• Previous immigration documents (if required)

Financial Proof

If you intend to bring your spouse or partner to Canada, you must prove your financial ability. Fulfilling this requirement convinces the IRCC that your spouse or partner won’t become a financial burden to the Canadian government. The documents you must provide to fulfil this requirement can include:

• Bank statements showing sufficient funds
• Pay stubs for the last few months
• Employment letters demonstrating your salary and position
• Latest income tax returns (Notice of Assessment from the Canada Revenue Agency)

Additional Documents for Spousal Sponsorship

Here are additional documents required for a spouse visa Canada:

• International passport/travel document
• Civil status documents
• Sponsorship application forms
• Permanent residence application forms
• Police certificate: This document proves whether you have a criminal history
• Medical certificate
• Digital photos
• Proof of military service (if required)

Your situation and the primary applicant’s circumstance (including whether they’re inside Canada at the time of application) will determine the documents you must submit. If your documents are not in English, contact a certified translator to translate and notarise them.

Average Timelines by Country

Here are average timelines for immigration authorities to process spousal sponsorship applications:

Canada

On average, Immigration, Refugees, and Citizenship Canada (IRCC) processes Canada spousal sponsorship applications in 12 months. However, as of January 2025, if you intend to sponsor a primary applicant living abroad, the processing time can be up to 10 months.

The processing time could be up to 36 months if the primary applicant intends to stay in Quebec. However, if you wish to sponsor an individual living inside Canada, the processing time can be up to 24 months and up to 32 months if they intend to reside in Quebec.

The United States (US)

The United States Citizenship and Immigration Services (USCIS) can take more than 14 months to process spousal sponsorship applications using Form I-130 (Petition for Alien Relative) if a US citizen applies. If a permanent resident (green card holder) applies, the USCIS can take up to 35 months to process a spousal sponsorship application.

United Kingdom (UK)

The United Kingdom Visas and Immigration (UKVI) can take up to 8 or 12 weeks to process spousal sponsorship (Spouse Visa) applications filed within and outside the United Kingdom, respectively.

Factors Affecting Processing Speed

The time immigration authorities take to process spousal sponsorship applications varies broadly. The factors affecting processing speed include:

Completeness of Application

If you submit an incomplete application form, the IRCC can return your documents without processing them and ask you to complete it, which can also delay the process. To avoid delay, include all the needed documents when submitting your application.

Additional Requests for IRCC

Depending on the complexity of your application, the IRCC may require you to provide additional documents to decide your case. For instance, IRCC may need you to bring a police certificate to ensure you don’t have criminal tendencies and won’t threaten public safety. Follow up on your application process to know when you must provide additional documents.

Applicant Responsiveness

Prompt responses to requests for additional information can expedite your spousal sponsorship application process. Ensure you respond promptly to requests for further details within the given timeframe to avoid delays.

Volume of Applications

The IRCC processes applications chronologically. They must first process all applications submitted before yours. Hence, the number of applications the IRCC is already handling can affect the processing speed of your spousal sponsorship application.

Province of Residence

The province where your spouse or partner intends to reside in Canada can affect the processing speed. Individuals wishing to reside in Quebec usually wait longer due to additional immigration processes and requirements they must fulfil.

How to Track Your Application

After submitting your application, you must follow up with the IRCC to ensure a smooth evaluation of your spousal sponsorship application. Here are ways you can track your spousal sponsorship:

IRCC Secure Account

You or an authorized paid representative can track your spousal sponsorship application by creating a secure IRCC account and linking your application to it. The IRCC will send correspondence to that online account, allowing you to get additional documents/information requests, messages, and online updates on your ongoing spousal sponsorship application process.

In addition to making contact faster and more secure, the IRCC secure account allows you to receive any correspondence almost instantly. Timely responses to these correspondences help the authorities update your application for prompt evaluation.

E-Mail

After submitting your email address in the spousal sponsorship application, the Canadian immigration authorities would normally contact you through it, unless you linked your application to an IRCC secure account.

Mail

If you have not linked your application to a secure account or provided an email address, the Canadian immigration authorities can send correspondence to your most recent mailing address.

Insufficient Proof of Relationship

The Canadian immigration authorities need applicants to provide comprehensive evidence to prove that the relationship between them (the sponsor and the primary applicant) is genuine and not fabricated just to enter Canada. Your spousal sponsorship application may be refused if you cannot provide certain documents, including:

• Joint bank account
• Shared lease agreement
• Travel history
• Video call screenshots, messages, call logs (to establish continuous contact)

Failure to Meet Financial Criteria

While the Canadian immigration authorities do not give a specific financial threshold to bring your spouse or partner (primary applicant) to Canada, you must prove that you have sufficient funds to support them when they enter Canada. If you cannot convince the immigration authorities that your spouse or partner won’t rely on public funds, they can deny your application. Documents you can provide to prove you meet the financial criteria can include:

• Tax returns
• Bank statements
• Employment letters

Incomplete Documentation

Omitting crucial documents for your spousal sponsorship application can raise doubts about the authenticity of your identity as an applicant. For instance, missing forms and signatures, or omitting your international passport or marriage certificate (if you’re married) can result in the denial of your application. Double-check all your documents using the document checklist to ensure they’re complete. Also, fill out and sign your forms appropriately to avoid refusal.

Misrepresentation or Fraud

Providing forged documents, false information or misleading statements can result in immediate refusal of your spousal sponsorship application. Misrepresentation or fraud can also result in bans from future applications for up to 5 years. Ensure you include only truthful information and authentic documents in your submission to avoid a refusal of your application.

Overview

If the Canadian immigration authorities reject your spousal sponsorship application, you may have the option to appeal because not all refusals can be appealed. If the IRCC officer denies the sponsored individual’s application on grounds of inadmissibility to Canada (based on committed serious crimes, violation of human rights, and more), you cannot appeal such cases.

Take the below steps to appeal the spousal sponsorship application rejection:

Step 1: File the Notice of Appeal

If the IRCC refuses your spousal sponsorship application, they will send you a refusal letter with a detailed explanation. As a Canadian citizen or permanent resident (sponsor), you must appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) within 30 days of receiving the refusal letter.

You must complete the Notice of Appeal Form on the IAD website, attach a copy of the refusal letter and any other missing document in the previous application and forward it to your province’s IAD office. You can submit this appeal through email or mail. Ensure the relevant IAD office receives it within the specified 30-day deadline.

Step 2: Prepare Your Case

You can request the IRCC to reconsider their decision by proving that they made a wrong decision by refusing your spousal sponsorship application. For a solid appeal, you must provide all the required documents and demonstrate how evidence and law align with your case. The sources of evidence you can use to strengthen your case can come from:

• Witness accounts
• What you say at the hearing
• Information in the documents you provide

Step 3: Informal Resolution

An Early Resolution Officer (ERO) from IAD can approach you or your counsel to get more information about your case and know whether they can resolve it without an oral hearing. Depending on your situation, your case may be taken for an Alternative Dispute Resolution (ADR) conference (an informal meeting between you, an ERO and the Minister’s counsel). The main purpose of this conference is for the parties involved to reach an agreement and probably avoid a formal hearing.

Step 4: Schedule of Hearing

If the attempt to resolve your appeal informally fails, the IAD will contact you or your counsel to schedule a hearing. After receiving the schedule, you have two days to tell them whether you will be available. The hearing is typically virtual by default, but you can alert the IAD if you don’t have the required technology or a quiet space. They can organize the hearing for you from one of their offices in Canada.

However, the IAD may schedule an in-person hearing for you, or you can request one by writing to the relevant registry before scheduling it. They will issue you a Notice to Appear, demonstrating the date, time and format of the hearing (in-person or virtual). If you’re scheduled for a virtual hearing, they will give you a complete guide on its process. If you cannot be available after being scheduled for an in-person hearing, you can connect by telephone or Microsoft Teams.

Step 5: Prepare for Your Hearing

Witness accounts can support your case. You must provide your list of witnesses form within 30 days before the hearing to help the IAD plan it efficiently. The list of witnesses form helps the authorities know your witnesses’ names, your relationship with them and more. You can request a Summons from the IAD to ensure your Canadian-based witness attends the hearing. You must pay their travel and witness fees if they ask for it.

If your witness is an expert, they must write a report in English or French, describing their qualifications and summary of evidence for your hearing. This report must get to the IAD and the Minister’s counsel. Ensure you pay the fee the expert charges for the report.

Step 6: Attend the Hearing

Bring all the required documents and be early for the hearing. You may testify first as the appellant, telling your story and outlining major appeal points. Prepare to answer some questions to help decide your appeal during the hearing. The IAD member managing the hearing may ask your witnesses to wait outside the hearing room.

If it’s a virtual hearing, your witnesses won’t be allowed to hear your testimony or be in the same room. They can enter the room to give their testimonies when called upon. Following witness testimonies, you or your counsel will make closing arguments, outlining how the evidence backs up your request.

Step 7: Receive a Decision

You can get a decision after the hearing with a written confirmation. If the IAD member needs more time to consider the evidence you provided during the hearing, you may get a decision within 60 days.

Tips for Strengthening Your Appeal

As a Canadian citizen or permanent resident appealing spousal sponsorship application rejection, the tips you can adhere to include:

• Seek legal advice from a professional immigration lawyer to help you make a comprehensive appeal with a higher chance of success.
• Gather all the missing documents: If your application was refused due to some missing documents. You must gather these documents to make a comprehensive appeal.
• Include updated financial proof: If the refusal was due to income concerns, provide your recent bank statements, employment offer, and more.
• Clarify information you submitted which was misunderstood or misrepresented.

When to Consider Reapplying for Spousal Sponsorship

You can reapply for a spousal sponsorship unless the refusal letter says otherwise. If your spousal sponsorship application was refused, you can consider reapplying if:

• Your previous application was rejected due to missing documents. Submitting a new and complete application could be faster than appealing.
• Your circumstances changed such as improved finances, additional relationship proof, etc.
• You can prepare a better application.

Canada’s Inland and Outland Sponsorship Options

Canada offers two major categories of spousal sponsorship, namely:

• Inland sponsorship
• Outland sponsorship

Inland Sponsorship

Inland sponsorship is the category of spousal sponsorship, which you can apply for from within Canada. As a Canadian citizen or permanent resident, you and your spouse or partner must be in Canada while applying. Your spouse or partner must hold a valid temporary resident status such as a Visitor, Student or Work visa. You and your partner should live together while the IRCC processes the sponsorship application. The inland sponsorship allows your spouse or partner to apply for an Open Work Permit and work for any Canadian employer while waiting for approval.

Outland Sponsorship

Under this category, the foreign-sponsored spouse or partner can apply for spousal sponsorship from their home country. While the IRCC processes their spousal sponsorship application, visa and non-visa national applicants can enter and leave Canada. Applicants can apply for this sponsorship inside and outside Canada. The sponsored individual’s visa office in their home country must process the application submitted outside Canada.

US Spousal Visa Process (IR1/CR1 Visas)

Foreign nationals intending to join their US citizen or permanent resident spouse can apply for an IR1 or a CR1 Visa depending on how long they’ve been married.

IR1 (Immediate Relative) Visa

The IR1 Visa is issued to individuals married to their spouses (US citizens or permanent residents) for more than two years at the time of their green card approval. The IR1 visa holders have unconditional residency and their permanent resident card can be valid for up to 10 years.

CR1 (Conditional Resident) Visa

The CR1 Visa is issued to individuals married to a US citizen or permanent resident for less than two years. The United States Citizenship and Immigration Services (USCIS) issues applicants this visa with conditions. After staying in the US for two years, applicants and their US-based spouses must apply to remove the conditions of this visa. After removing the conditions, they will receive an updated permanent resident card (IR1 Visa) valid for 10 years.

UK Spouse Visa Requirements

To obtain a UK Spouse Visa, the requirements you must fulfil include:

• Be legitimately married to a British national or a settled person in the UK
• Be in a relationship (genuine and subsisting) with your UK-based partner
• Have a suitable accommodation in the UK
• Have met your UK-based partner in person
• Meet the financial requirements.
• Fulfil English language requirements
• Pass the Tuberculosis (TB) test (if the applicant is from a listed country).

Key Differences Across Countries

Here are the key differences across the countries above offering Spouse visas:

Sponsorship for Same-Sex Marriages

Many countries recognise same-sex marriages for immigration purposes, but applicants must verify whether their marriage is legally accepted in their home country and the country of immigration. Same-sex couples may face additional scrutiny in jurisdictions where such marriages are not accepted widely. However, in Canada, same-sex couples have the same rights as heterosexual couples.

Hence, Canadian permanent residents or citizens can bring their same-sex partners to the country through common-law or spousal sponsorship. Providing evidence of a genuine relationship is crucial, including joint travel history, shared financial commitments and long-term communication or proof of cohabitation. Documentation and legal recognition are vital in your same-sex spousal sponsorship application process.

3 Main Categories of Application for Canadian Residents

Canadian citizens or permanent residents seeking to bring their same-sex partners to Canada can apply in three main categories:

• Spousal sponsorship: Allows Canadian citizens or permanent residents to bring their legally married foreign same-sex partners to reside in Canada indefinitely.
• Common-law sponsorship: This sponsorship is designed for people in a common law relationship. It allows them to sponsor a foreign same-sex partner with whom they have been living continuously for one year.
• Conjugal sponsorship: Designed for same-sex couples in a committed relationship for at least 1 year and facing significant obstacles cohabiting due to immigration or legal barriers beyond their control.

Long-Distance Relationships and Proof Challenges

Couples in long-distance relationships may not prove their partners’ fidelity due to a lack of physical proximity. To confirm your long-distance relationship, the proof Canadian immigration authorities may require can be:

• Travel history showing visits to each other’s countries.
• Financial support or shared financial commitments.
• Affidavits from friends and family members which confirm the relationship’s authenticity.
• Records of frequent communication such as emails, call records, chat logs, and more.

The Canadian immigration authorities may require long-distance couples who have not yet cohabited to provide additional information, such as personal or cultural reasons preventing cohabitation before sponsorship.

Tips on Maintaining Long-distance Relationship

Here are tips that can help you and your spouse’s long-distance relationship:

• Communicate daily.
• Open up and share information (every detail can matter).
• Have a shared vision of the future.
• Listen attentively when you’re communicating to have a mindful and effective conversation.
• Organise video calls or virtual dates to keep you connected with your spouse or partner.

Financial Support Obligations

You must fulfil your undertaking to financially support your sponsored foreign national spouse or partner (including their dependent children, if applicable). The undertaking confirms your agreement to cater to their basic needs including:

• Health needs (public health services don’t cover)
• Living expenses such as food, clothing shelter and more

The undertaking you signed must be binding for the 3-year sponsorship period (from the day your sponsored spouse or partner becomes a Canadian permanent resident) even if:

• You have financial difficulties
• You separate or divorce your sponsored spouse or partner
• The sponsored spouse or partner becomes a Canadian citizen
• You migrate to another province in Canada or country with your sponsored spouse or partner

Removal of Conditional Residency

Previously, sponsored spouses or partners were required to enter Canada and stay with their sponsors for 2 years to qualify for permanent resident status. On April 28, 2017, the Canadian government removed the conditional residency requirement.

They made this decision to address situations where vulnerable spouses or partners need to remain in abusive relationships to maintain their permanent resident status. Since the removal of the conditional residency, sponsored spouses or partners would have full permanent resident status when they enter Canada.

Transition to Permanent Residency or Citizenship

After your sponsored spouse or partner obtains a permanent resident status, they must complete the same eligibility criteria for citizenship as any permanent resident from different Canada’s immigration programs or pathways. The eligibility requirements for Canadian citizenship, that your sponsored spouse or partner must fulfil include the following:

• Be a permanent resident in Canada
• Live in Canada for up to 1092 days (3 years) in the last 5 years before applying.
• Know Canadian history, political system, geography, rights and responsibilities.
• Pass English or French proficiency test.
• Have a clean criminal record.
• Be tax compliant.