Cameron Miranda
Canadian citizens and permanent residents in a relationship with a foreign national are allowed to sponsor that person to join them and become a permanent resident of Canada. This includes common-law partners, as well as spouses and conjugal partners. The sponsor must be able to show that they have sufficient income or assets to support the sponsored person once they arrive in Canada. They must also sign an undertaking, promising to provide financial support for the basic needs of the sponsored person for three years. This undertaking cannot be cancelled, even if the sponsor's circumstances change.
| Characteristics | Values |
|---|---|
| Who can sponsor? | Canadian citizens or permanent residents who are in a relationship with a foreign national |
| Who can be sponsored? | Spouse, common-law partner, or conjugal partner |
| Types of sponsorship | Outland and Inland sponsorship |
| Sponsorship requirements | Sponsors must provide financial support for the basic needs of their partner and any dependent children |
| Financial requirements | No specific income requirement, but sponsors must show sufficient income or assets to support their partner |
| Social assistance | Sponsors must ensure their partner does not require social assistance from the government |
| Undertaking agreement | Sponsors are responsible for fulfilling the basic needs of their partner for three years |
| Work permit | Sponsored person may be eligible for an Open Work Permit (OWP) to work in Canada while their application is processed |
| Application process | Submitted through the IRCC Permanent Residence Portal |
| Application fee | Additional payment of $150 for each dependent child and $289 for sponsors residing in Quebec |
| Reapplication | Allowed if the application is refused, but reasons for refusal must be addressed |
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What You'll Learn
Sponsoring a common-law partner living outside Canada
The Canadian government allows Canadian citizens and permanent residents who are in a relationship with a foreign national to sponsor that person to join them and become a permanent resident of Canada. This includes common-law partners. To be considered a common-law partnership, you must have lived together continuously for at least one year.
There are two main options when sponsoring a partner: Outland and Inland sponsorship. If you choose Outland sponsorship, your partner does not need to stay in Canada while their application is being processed, but they will not be able to work during this time. On the other hand, Inland sponsorship allows your partner to continue living, working, or studying in Canada while their application is processed. However, they must have valid temporary status in Canada as a worker, student, or visitor.
When sponsoring a common-law partner living outside Canada, you must show that you have sufficient income or assets to support them once they arrive in Canada. You must also sign an undertaking, promising to provide financial support for their basic needs, including any dependent children, for three years from the day your partner becomes a permanent resident. It is important to note that you cannot cancel or withdraw this undertaking once the sponsorship application has been approved.
There are some situations in which you cannot become a sponsor. For example, if you are receiving income support benefits or are in bankruptcy proceedings, you cannot sponsor a partner. Additionally, if you have previously sponsored family members who received social assistance while the undertaking was valid, you must repay the full amount before sponsoring anyone else.
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Financial obligations of the sponsor
The Canadian government allows Canadian citizens and permanent residents who are in a relationship with a foreign national to sponsor that person to join them and become a permanent resident of Canada. This includes sponsoring a spouse, common-law partner, or conjugal partner.
When sponsoring a spouse, common-law partner, or conjugal partner, you are responsible for fulfilling their basic needs, including everyday and health needs for three years. This includes medical expenses not covered by public health insurance, such as dental and eye care. You must also provide financial support for any dependent children.
As a sponsor, you must not be receiving income support benefits from any province or be in bankruptcy proceedings. If you are receiving Employment Insurance benefits or disability benefits, you may still sponsor your spouse, common-law partner, or conjugal partner. There is no specific income requirement to sponsor your spouse or partner to Canada, but you must show that you have sufficient income or assets to support them once they arrive in Canada.
Before signing the undertaking agreement, you must ensure that the person you are sponsoring will not need to ask the government for financial help. If they do receive social assistance, you must pay back the full amount they received while you were legally responsible for them. You will not be able to sponsor anyone else until you have repaid the amount.
If you agreed to pay money to guarantee that an immigrant would fulfil their obligations under immigration legislation, you cannot sponsor until you pay the full amount of the bond. There is also a five-year sponsorship restriction for anyone who has been sponsored as a spouse or common-law partner themselves.
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Application process and eligibility
The Canadian government allows Canadian citizens and permanent residents who are in a relationship with a foreign national to sponsor that person to join them and become a permanent resident of Canada. You can sponsor your spouse, common-law partner, or conjugal partner. To be eligible, you must be a Canadian citizen, permanent resident living in Canada, or a person registered under the Canadian Indian Act. You must also show that you have sufficient income or assets to support your partner once they arrive in Canada and that you are not receiving income support benefits from any province or be in bankruptcy proceedings. If you are receiving Employment Insurance benefits or disability benefits, you may still be eligible to sponsor your partner.
There are two main options when sponsoring: Outland and Inland sponsorship. For Outland sponsorship, the sponsored person must be living outside of Canada and will be applying for permanent residence from abroad. For Inland sponsorship, the sponsored person must have valid temporary status in Canada, either as a worker, student, or visitor, and will be applying for permanent residence from within Canada. During the processing of an Inland sponsorship application, the sponsored person will be able to continue to live, work, or study in Canada.
The application submission process involves several steps, including verifying eligibility for both the sponsor and the sponsored person. As part of the sponsorship process, you will be required to sign an "undertaking", which is a promise to provide financial support for the basic needs of your partner and their dependent children. This undertaking is mandatory and cannot be cancelled, and it will last for three years from the day your partner becomes a permanent resident. If your partner has dependent children, you will be required to pay an additional fee of $150 for each child included in the application. If you reside in Quebec or intend to reside there when permanent residence is issued, an additional fee of $289 CAD will also be required.
If your spousal sponsorship application is refused, you can reapply, but it is important to address the reasons for the refusal in your new application. You can withdraw your sponsorship application at any time before the person you are sponsoring becomes a permanent resident of Canada, but the IRCC agent may refuse the withdrawal and proceed with a refusal instead.
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Open work permits
Canadian citizens and permanent residents are allowed to sponsor their spouse, common-law partner, or conjugal partner to join them and become a permanent resident of Canada. This involves a commitment to provide financial support to the sponsored person, including any dependent children. The sponsor will be required to sign an undertaking that promises to provide for the basic needs of the sponsored person. The obligations as a sponsor begin the moment the undertaking is in effect and last for three years from the day the partner becomes a permanent resident.
If you are sponsoring your common-law partner, they may be eligible for an open work permit. An open work permit lets them work for any employer in Canada, except for those listed as ineligible or those that offer striptease, erotic dance, escort services, or erotic massages. To be eligible for an open work permit, your common-law partner must meet certain criteria. Starting January 21, 2025, they may be eligible if you have a valid study permit and are enrolled in a master's degree program of 16 months or longer. They must provide documents to prove their enrolment in a program of study.
If they are not eligible for this open work permit, they may be able to get another type of work permit. In most cases, your common-law partner must apply online for a work permit. They should read the instruction guide before completing their application, as it will explain how to complete each field on the form. Before uploading their forms, they must answer some questions to create a personalized document checklist.
Once you receive your Acknowledgement of Receipt (AOR) letter, you can apply for an open work permit. You must apply online in your IRCC secure account. You can only apply for a work permit without an AOR if your work permit, study permit, or temporary resident status will expire in two weeks or less, and you have applied for permanent residence under the Spouse or Common-Law Partner in Canada class (SCLPC) or the Family Class as a spouse, common-law, or conjugal partner.
It is important to note that you cannot apply for an open work permit under another public policy or pilot program. Additionally, your common-law partner cannot extend their open work permit beyond the expiration date of your study permit.
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What to do if your application is refused
If your application to sponsor your common-law partner to Canada is refused, you have a few options to consider:
- Reapply with additional information: You can submit a new application addressing the reasons for the previous refusal. This may include providing new or supplementary information or documentation that clarifies or rectifies the issues that led to the initial refusal. It is important to carefully review the refusal letter and seek legal advice if necessary to ensure your new application is comprehensive.
- Appeal to the Immigration and Refugee Board (IRB): In some cases, you may have the right to appeal the decision to the IRB. The refusal letter should outline whether this option is available to you.
- Withdraw the application: If you no longer wish to pursue the sponsorship, you can withdraw your application before your partner becomes a permanent resident of Canada. However, the IRCC agent may refuse the withdrawal and proceed with a refusal instead.
- Address legal and immigration barriers: If your application was refused due to legal or immigration barriers, such as your partner's marital status, sexual orientation, or persecution in their country of residence, you may need to provide additional proof that your partner cannot live with you or marry you due to these circumstances. This may include documentation of refused long-term stays in each other's countries.
- Review eligibility requirements: Ensure that you and your partner meet all the eligibility requirements for sponsorship. This includes providing all the necessary forms, documents, and any additional information requested during the processing of your application.
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Frequently asked questions
A common-law partnership in Canada requires you to have lived together continuously for at least one year.
Yes, Canadian citizens and permanent residents can sponsor their common-law partners to immigrate to Canada.
You must be 18 or older, live in Canada, and have sufficient income or assets to support your partner. You must also sign an undertaking, promising to provide financial support for their basic needs.
You can apply through the IRCC Permanent Residence Portal or, if you hire a lawyer, they will submit your application through the Authorized Representative Portal. You have two main options: Outland and Inland sponsorship.
If your common-law partner is living in Canada on a valid work, study, or visitor visa, they may be eligible to apply for an open work permit (OWP) while their sponsorship application is processed.
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