Cameron Miranda
The Canadian government allows citizens and permanent residents to sponsor their spouse, common-law partner, or conjugal partner for permanent residency in Canada. This process is known as spousal sponsorship and is a key part of Canada's immigration system, facilitating family reunification. To be eligible, the couple must have lived together in a marriage-like relationship for at least 12 consecutive months, excluding brief absences. The sponsor must be at least 18 years old, not be in prison or bankrupt, and must demonstrate that they can provide basic financial needs for their partner and any dependent children. The process involves two main options: Inland and Outland sponsorship, with the former requiring the sponsored person to reside in Canada with valid temporary status during the application process.
| Characteristics | Values |
|---|---|
| Sponsoring a common-law partner in Canada | The Canadian government allows Canadian citizens and permanent residents to sponsor their common-law partners for permanent residency in Canada |
| Sponsoring a spouse or partner | The Canadian spousal sponsorship program allows Canadian citizens or permanent residents to sponsor their spouses or partners for permanent residency in Canada |
| Sponsoring a conjugal partner | Canadian citizens or permanent residents can sponsor their conjugal partners for permanent residency in Canada |
| Sponsoring a dependent child | A Canadian citizen or permanent resident can sponsor their dependent child for permanent residency in Canada |
| Inland sponsorship | Canadian citizens or permanent residents can sponsor their loved ones under the Inland sponsorship program, provided the couple is legally living together in Canada |
| Outland sponsorship | Canadian citizens or permanent residents can sponsor their loved ones under the Outland sponsorship program, allowing the applicant to travel in and out of Canada during the application process |
| Family Class sponsorship | Canadian citizens or permanent residents can sponsor their spouses, common-law partners, conjugal partners, and dependent children under the Family Class sponsorship program |
| Spouse or Common-Law Partner in Canada Class | Canadian citizens or permanent residents can sponsor their spouses or common-law partners under the Spouse or Common-Law Partner in Canada Class if the sponsored person lives with them in Canada and has valid immigration status in Canada |
| Open Work Permit (OWP) | Foreign nationals who are being sponsored for permanent residency in Canada may be eligible for an OWP, allowing them to work for any employer in Canada during the application process |
| Financial support | The sponsor is required to provide financial support to the sponsored person, including any dependent children, for a period of three years |
| Eligibility criteria | The sponsor must be at least 18 years old, a Canadian citizen or permanent resident, and must not have been sponsored to Canada as a spouse within the last five years |
| Relationship criteria | The relationship must be genuine and not primarily for obtaining permanent residency in Canada. Common-law partners must have lived together for at least 12 consecutive months in a marriage-like relationship |
| Application process | The sponsor and the sponsored person must submit their application to the Canadian immigration authorities, providing necessary documentation and proof of their relationship |
| Reapplication | If the sponsorship application is refused, the applicants can reapply by addressing the reasons for the previous refusal and providing additional information or documentation |
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What You'll Learn
Common-law partner requirements
Sponsoring a common-law partner in Canada involves meeting specific requirements to demonstrate the authenticity of the relationship. Here are the key common-law partner requirements:
Proof of Cohabitation
To qualify as a common-law partner, you must provide evidence of cohabitation, which means living together with your partner for at least 12 consecutive months in a marriage-like or committed relationship. While cohabitation typically implies living together, there may be short and temporary periods of separation due to work, family, or other valid reasons. To prove cohabitation, you can present shared bills, living arrangements, and other documentation that demonstrates you have built a life together.
Age Requirement
Both the sponsor and the sponsored partner must be at least 18 years old. This requirement ensures that both parties are legally recognized as adults and capable of making informed decisions about their relationship.
Citizenship or Permanent Residency in Canada
The sponsor must be a Canadian citizen, registered as an Indian under the Canadian Indian Act, or a permanent resident of Canada. If the Canadian citizen is living abroad, they need to demonstrate their intention to return to Canada when their sponsored partner becomes a permanent resident. On the other hand, if you are a permanent resident living outside of Canada, you are not eligible to sponsor anyone.
Financial Stability
The sponsor must demonstrate financial stability and the ability to provide for the basic needs of the sponsored partner and any dependent children. This includes covering expenses not covered by public health insurance, such as dental and eye care. There is no specific income requirement, but you must show sufficient income or assets to support your partner once they arrive in Canada. Additionally, you should not be receiving income support benefits or be in bankruptcy proceedings.
Valid Immigration Status
In the case of inland sponsorship, where the couple resides in Canada during the application process, the sponsored partner must have valid temporary status in Canada as a worker, student, or visitor. This status allows them to continue living, working, or studying in Canada while the application is being processed.
Genuine Relationship
The relationship between the sponsor and the sponsored partner must be genuine and not primarily for obtaining permanent resident status in Canada. Immigration officials will assess the relationship to ensure it meets the required level of commitment and mutual dependency. This may include demonstrating emotional ties, financial closeness, and efforts to spend time together.
Meeting these requirements is crucial for successfully sponsoring a common-law partner in Canada. It is important to provide strong evidence and address any concerns raised by the Immigration, Refugees and Citizenship Canada (IRCC) to increase the likelihood of approval.
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Financial requirements
Sponsoring a common-law partner in Canada involves a commitment to provide financial support to the sponsored person. As a sponsor, you will be required to sign an undertaking that promises to provide for the basic needs of the sponsored person. This includes medical expenses not covered by public health insurance, such as dental and eye care. Your obligations as a sponsor begin the moment the undertaking is in effect and last for three years from the day your common-law partner becomes a permanent resident. It is important to note that once the sponsorship application has been approved, you cannot cancel or withdraw the undertaking, even if your financial situation changes.
There is no specific income requirement to sponsor a common-law partner to Canada. However, you must demonstrate that you have sufficient income or assets to support your partner once they arrive in Canada. 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 be eligible to sponsor your common-law partner.
The financial requirements also extend to any dependent children of your common-law partner. An additional payment of $150 will be required for each child included in the application. Furthermore, if you reside in Quebec or plan to reside there when permanent residence is issued, an additional fee of $289 CAD will be charged.
It is worth noting that if your common-law partner has a valid work or study permit, they may continue to work or study as long as the permit is valid. However, working and studying in Canada without valid status is illegal and can result in serious consequences. Your partner may also be eligible for an Open Work Permit (OWP), which allows them to work for any employer in Canada during the sponsorship application process. An OWP can help reduce the economic burden of the application process by allowing your partner to be professionally active and enter the Canadian labour market.
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Application process
The Canadian spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouse or partner to come to Canada and live permanently. The spousal sponsorship program comprises two main classes: Inland sponsorship and Outland sponsorship.
Inland Sponsorship
Inland sponsorship allows Canadians and permanent residents to sponsor their loved ones, provided the couple is legally cohabiting in Canada. The foreign spouse or partner must have valid temporary status in Canada, either as a worker, student, or visitor. The application process involves the following steps:
- The Canadian citizen or permanent resident applies to become a sponsor.
- The foreign spouse or partner applies for permanent residence.
- Eligibility verification for both the sponsor and the sponsored person.
- Background, security, and medical checks for both parties.
- Approval by Immigration, Refugees and Citizenship Canada (IRCC) for both parties.
It is expected that Inland sponsorship applicants remain in Canada during the application process. If the applicant does not plan to stay in Canada or needs to travel, Outland sponsorship may be a better option.
Outland Sponsorship
Outland sponsorship is suitable when the applicant does not intend to stay in Canada throughout the application process. The application is processed through the visa office serving the applicant's country of origin or previous legal residence. The steps include:
- Verification of eligibility for both the sponsor and the sponsored person.
- Submission of required documents, such as proof of relationship and financial support.
- Background, security, and medical checks for both parties.
- Approval by IRCC for both parties before the sponsored person receives a visa.
Additional Considerations:
- The sponsor must be at least 18 years old, a Canadian citizen or permanent resident, and living in Canada or planning to return.
- The relationship must be genuine and not primarily for obtaining permanent residency.
- The sponsor must demonstrate the ability to provide basic needs and financial support for the sponsored person and any dependent children.
- The sponsored person must be at least 18 years old and meet the criteria for a spouse, common-law partner, or conjugal partner.
- The sponsored person must have lived with the sponsor in Canada for at least 12 consecutive months in a marriage-like relationship or have been in a mutually dependent relationship for at least a year if there are exceptional circumstances preventing cohabitation.
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Inland vs Outland sponsorship
When it comes to sponsoring a common-law partner in Canada, there are two main pathways: Inland and Outland sponsorship. Each option has its own requirements and considerations. Here is an overview of both processes:
Inland Sponsorship:
Inland sponsorship is typically chosen when the sponsored person is already residing in Canada. This option is available to couples where the sponsor is a Canadian citizen or permanent resident living in Canada, and the sponsored partner has valid temporary status in Canada, such as a visitor, student, or worker visa. The sponsored person must remain in Canada throughout the application process and is expected to live with the sponsor. Inland sponsorship allows the sponsored person to continue their studies, work, or reside in Canada while their application is being processed. They may also be eligible for an open work permit, enabling them to work full-time.
Outland Sponsorship:
Outland sponsorship is generally pursued when the sponsored partner lives outside of Canada. In this case, the application is typically processed by the visa office in the foreign national's home country or country of residence. However, Outland applicants can still be in Canada and choose this option if they need to travel frequently. Outland sponsorship allows the sponsored person to come and go from Canada during the application process. To be eligible, the sponsor must be a Canadian citizen or permanent resident, and both parties must be at least 18 years old.
It is important to note that the choice between Inland and Outland sponsorship depends on various factors unique to each couple's situation. Both pathways offer foreign nationals the opportunity to join their loved ones in Canada, but it is essential to carefully consider the requirements and restrictions of each option before submitting an application.
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Dependent children
Sponsoring a common-law partner in Canada involves a commitment to provide financial support to the sponsored person, including any dependent children. As a sponsor, you will be required to sign an undertaking that promises to provide for the basic needs of the sponsored person and their dependent children. This includes medical expenses not covered by public health insurance, such as dental and eye care.
The Family Class Sponsorship program in Canada allows Canadian citizens and permanent residents to sponsor their spouses, common-law partners, conjugal partners, and dependent children. This program facilitates family reunification and strengthens family bonds.
To be considered a dependent child, the child must meet certain requirements. They must be the biological or adopted child of the sponsor or the spouse/partner's biological or adopted child. The child must not be inadmissible to Canada and must qualify as a dependent. If the child has a child of their own, the grandchild must be declared as a dependent in the application, whether they are immigrating to Canada or not.
If the child is 22 years or older, they qualify as a dependent if they have depended on their parents for financial support since before the age of 22 and are unable to financially support themselves due to a mental or physical condition. They must not have a spouse or common-law partner.
When sponsoring a dependent child, the child is listed as the principal applicant in the application. The sponsor must show that the other parent or legal guardian agrees to the child immigrating to Canada. The sponsor must also meet all sponsorship eligibility requirements, including being at least 18 years old and not having been sponsored to Canada as a spouse within the last 5 years.
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Frequently asked questions
The spousal sponsorship program is a key part of Canada's immigration system, allowing Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency.
A Canadian citizen or permanent resident may sponsor a common-law partner for Canadian permanent residence. The sponsor must be at least 18 years old, living in Canada, and should not be receiving social assistance for reasons other than a disability.
A person can be sponsored as a common-law partner in Canada if they have lived with their partner in a marriage-like relationship for at least 12 consecutive months. They must be at least 18 years old, and their relationship must be genuine and not primarily for obtaining permanent resident status in Canada.
To sponsor a common-law partner in Canada, you must show that you have sufficient income or assets to support your partner once they arrive in Canada. You must also provide proof of your relationship, such as shared bills, living arrangements, and responsibilities, to ensure that the relationship is genuine.
You can apply for sponsorship through either the Inland or Outland sponsorship program. The Inland sponsorship program is for couples living together in Canada, while the Outland sponsorship program is for couples where one partner lives outside of Canada. You will need to submit an application, including the required documentation, to the relevant Canadian immigration authorities.
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