Spouse & Common-Law Sponsorship

You cannot be a sponsor if you:

• Have failed to pay an immigration loan, a performance bond or family support payments.
• Have failed to provide for the basic needs of a previously sponsored relative who received social assistance.
• Are in default of a previous undertaking.
• Are under a removal order.
• Are in a penitentiary, jail, reformatory or prison.
• Receive social assistance for a reason other than a disability.
• Are still going through the process of bankruptcy (undischarged bankruptcy).
• Were sponsored by a spouse or partner and you became a permanent resident less than five years ago.
• Sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident.
• Have already applied to sponsor your current spouse, partner or child and a decision on your application has not been made yet.
• Were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative or you attempted or threatened to commit any of these offences.

• Spouse, common-law partner, or conjugal partner.
• Dependent child: Sponsor and applicant’s (person being sponsored) child can be considered a dependent child if the child meets the following requirements:
  • They are under 22 years old, and
  • They do not have a spouse or common-law partner.
  • Children 22 years old or older qualify as dependents if they meet both requirements:
  • They have depended on their parents for financial support since before the age of 22, and.
• They are unable to financially support themselves because of a mental or physical condition.

This is a sub-section of the Family Class immigration category and is pursued when the applicant (sponsored partner) is living outside of Canada. However, it is possible for an applicant living in Canada to apply through the out-land program. This option may permit the applicant to travel in and out of Canada throughout the application process, but it is always discretion of Canadian immigration authority to decide whether the sponsored person may re-enter Canada or not. Out land application is processed through the visa office that serves the applicant’s country of origin or where they have resided legally for at least one year.

IRCC is committed to issuing visas as quickly as possible to rapidly reunite families under this program. IRCC aims to process applications submitted through this program within 12 months.

This is a sub-section of the Family Class immigration category and, is pursued when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor.

The person being sponsored may be eligible for an Open Work Permit (OWP), allowing to work for any employer in Canada while the sponsorship application is being processed. If the applicant (sponsored partner) already has a work or study permit, he or she may continue to work or study as long as the permit is valid, however it is important to note that working and studying in Canada without valid status are illegal and may result in serious consequences for the sponsored person.

Applicants who wish to obtain an open work permit should apply while they apply for permanent residence. However, IRCC states that if a sponsored spouse or common-law partner has not submitted an application for an open work permit at the same time as their permanent residence application, he or she may still submit an application for an open work permit at a later stage.

If the sponsorship application is refused, the applicant is required to leave Canada immediately at the end of his or her period of temporary stay. Moreover, if the sponsored person leaves Canada at any point while the application is being processed, there is no guarantee that he or she will be allowed to re-enter Canada, especially if he or she requires a visitor visa. IRCC aims to process applications submitted through this program within 12 months.

IRCC processes sponsorship applications within twelve (12) months. Time starts the day IRCC receives a complete application and ends when they make a decision. It may take longer if an application is not complete.

• Sponsorship fee ($75.00 CAD)
• Principal applicant processing fee ($475.00 CAD)
• Right of permanent residence fee ($500.00 CAD)
• Biometric fee ($85.00 CAD)
• Dependent Child ($150.00 CAD per child)

• Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under this category, provided they meet all eligibility requirements.
• In most cases, there is no low-income-cut-off (LICO) for spouse, partner, or dependent child sponsorship. However, if either a spouse or partner you are sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian Government each year.
• The province of Quebec has its own immigration rules. After your application is received, IRCC will send you an email or letter with instructions about how to apply to the Quebec government to become a sponsor.