Spousal Sponsorship Lawyer in Canada – Bring Your Partner Home

What is Spousal Sponsorship in Canada? 

Spousal sponsorship in Canada is the process where a Canadian citizen or permanent resident sponsors their spouse, common-law partner, or conjugal partner to become a permanent resident of Canada.

A spousal relationship is a legally recognized marriage. The marriage can take place in Canada or abroad, as long as it meets the laws of that country and is consistent with Canadian immigration law. A valid marriage certificate is required to prove the relationship.

The program is managed by Immigration, Refugees and Citizenship Canada (IRCC) under the Immigration and Refugee Protection Act (IRPA). Applicants must also show the relationship is genuine, with documents such as photos, joint finances, or communication records.

There are two application options:

• Inland sponsorship: when the sponsored spouse is already in Canada. They may also qualify for a spousal open work permit while waiting for permanent residency (PR).

• Outland sponsorship: when the spouse lives outside Canada. The application is processed by a visa office abroad, which may allow more travel flexibility.

Both pathways lead to Canadian permanent residency for spouses, but the right option depends on your situation.

What are the requirements for Spousal Sponsorship in Canada?

To apply for a spousal sponsorship in Canada, both the Canadian sponsor and the foreign spouse or partner must meet certain requirements set by Immigration, Refugees and Citizenship Canada (IRCC).

For Canadian Sponsor

You may qualify to sponsor if you:

• Are at least 18 years old

• Are a Canadian citizen or a permanent resident living in Canada

• Can prove you can provide financial support to your spouse or partner

• Are not receiving social assistance (except disability benefits)

• Are not bankrupt or in default of a previous sponsorship undertaking

• Have not been convicted of a serious criminal offence related to family or domestic violence

For Foreign Spouse or Partner

Your spouse or partner must:

• Prove the relationship is genuine (marriage certificate, joint documents, photos, communication records)

• Have no serious criminal convictions

• Pass a required immigration medical exam

• Be admissible to Canada under the Immigration and Refugee Protection Act (IRPA)

Types of Spousal Sponsorship Applications

There are two main ways to apply for spousal sponsorship in Canada: inland sponsorship and outland sponsorship. Both lead to Canadian permanent residency, but the process depends on where the spouse or partner is living at the time of the application.

Inland Sponsorship

• For spouses or partners already living in Canada with the Canadian sponsor

• The sponsored spouse may apply for a spousal open work permit while waiting for a decision

• Average processing time is around 12 months, but can vary depending on IRCC workload

• Travel outside Canada during processing is not recommended, as it can affect the application

Outland Sponsorship

• For spouses or partners living outside Canada at the time of application

• Application is processed through a visa office abroad in the spouse’s country of residence

• Allows more flexibility for travel, as the sponsored spouse can still visit Canada while the case is in process (with a valid visa)

• May take longer in some regions due to local visa office timelines

Spousal Sponsorship Process in Canada (Step-by-Step)

The spousal sponsorship process in Canada follows a clear path managed by Immigration, Refugees and Citizenship Canada (IRCC). Here are the main steps:

1. Check eligibility

   • Make sure both the Canadian sponsor and the foreign spouse or partner meet all IRCC sponsorship requirements.

2. Gather documents

   • Collect proof of a genuine relationship such as marriage certificate, joint finances, photos, communication records, along with ID and status documents.

3. Submit sponsorship application

   • File the complete sponsorship application package to IRCC, choosing inland or outland sponsorship depending on your situation.

4. IRCC review and possible interview

   • IRCC officers review eligibility and documents. In some cases, they may request an interview to confirm the relationship.

5. Decision and permanent residency (PR)

   • Once approved, the sponsored spouse or partner receives Canadian permanent residency and may apply for a PR card.

How to show your Common-Law Relationship is Real?

To demonstrate the length and nature of your relationship, you will need to submit documents such as:

• Relationship Information and Sponsorship Evaluation Questionnaire
• If you and your common-law partner have children, you must provide the following documents:
  • The birth certificates
  • Marriage certificates, or adoption records of each child;
• Photos of you and your common-law partner demonstrating your relationship;
• Proof of your status as common-law partners, such as a job contract or an insurance policy;
• You and your spouse must provide evidence of the following:
  • Evidence of your relationship (letters, emails, social media).

The sponsorship application will not be approved if there is any evidence that indicates your relationship is not real.

How to Apply for Canada Spousal Sponsorship?

Before you start the application process, ensure that you and your loved one meet all of the eligibility requirements.

The application process requires you to submit two applications simultaneously:

• Your request to sponsor your spouse or partner
• Your partner’s permanent residency application

There are four steps to apply to sponsor a spouse:

1st Step

Obtain the application package from the government website; it includes a guide, instructions, and forms to assist you in finishing the process correctly.

2nd Step

Pay the online application cost, which covers the following.

• Processing fees for all individuals listed in the application
• Permanent residence fee
• Prices for biometrics
• Other third-party costs, if applicable.

3rd Step

To submit your application, just follow the steps outlined in the submission guide you obtained.

4th Step

When asked, attach the necessary supporting documentation.

Do you need help with the Spousal Sponsorship Canada checklist? Call our experts at (647) 614-2124.

Spousal Sponsorship Canada Processing Time

A number of factors, such as whether the application is for an inland or outland sponsorship, affect how long it takes for Canada’s Spousal Sponsorship program to process. It usually takes around 12 months to execute an Inland application when one spouse is already in Canada.

Even though the time it takes to process an outland application (one in which the spouse lives outside of Canada) can vary greatly depending on the applicant’s country of residency and other variables (such as how thorough their application is), the average period is generally around twelve months.

Additional spousal sponsorship processing time may be required if IRCC requests more information or paperwork during this time. To keep your application from getting delayed, make sure you check its status online often and respond quickly to IRCC’s requirements.

While the normal duration is 12 months, processing timelines might vary, so you should be prepared for any changes.

Costs of a Canadian Spousal Sponsorship

Before you apply for a Canada Spouse Visa, make sure you know how much it will cost.

Primary Fees

Common Challenges & How We Solve Them

Applying for spousal sponsorship in Canada can sometimes be complicated. Our Toronto immigration lawyers help you overcome common challenges to increase the chances of a successful application.

Proving a Genuine Relationship

Many applications are refused because the sponsored spouse cannot show the relationship is genuine. We guide clients to collect strong proof of relationship, such as marriage certificates, joint bank accounts, photos, and communication records, and prepare submissions that clearly demonstrate authenticity to IRCC.

Criminal Inadmissibility

A criminal record can make a foreign spouse or partner inadmissible to Canada. Our team helps identify potential issues, explore rehabilitation options, and prepare applications to address criminal inadmissibility under Canadian immigration law.

Previous Refusals

If your spousal sponsorship application has been refused before, we carefully review the reasons for denial. We develop a legal strategy to address gaps, strengthen evidence, and submit a stronger application for approval.

Financial Support Issues

Canadian sponsors must show they can financially support their spouse for the three-year sponsorship period. We help prepare clear financial documentation and ensure all IRCC requirements are met to avoid delays or refusals.

Rejection Reasons for Spousal Sponsorship Canada

Some of the most common grounds for rejecting your application are as follows:

• You did not offer sufficient proof of relationship to verify it is legitimate.
• Errors in Canadian spousal sponsorship forms.
• The information you provided in your application was inaccurate.
• You cannot meet basic spousal sponsorship requirements.
• Your relationship or conviction makes you inadmissible or a threat to Canadian society.

What questions might be asked in a Spousal Sponsorship interview?

During your spousal sponsorship interview, immigration officers may ask a range of personal and relationship-based questions to verify the authenticity of your partnership. These questions often focus on the following areas:

Your Relationship Story

• How did you meet?
• Where did it happen, and how long have you been together?

Your Partner’s Background

• What does your spouse do for a living?
• What are their qualifications, educational background, and work experience?

The Proposal Details

• How did the proposal happen?
• Can you describe the engagement ring and where it was bought?

Financial Situation

• What is your partner’s financial status, including income and savings?

Daily Life & Future Plans

• What do you both do in your free time?
• What are your hobbies, future goals, and typical daily routines?

Personal Knowledge

• What are your spouse’s favourite foods?
• Do they have any medical conditions?

Shared Responsibilities

• How do you plan to divide household chores and responsibilities?

Being prepared with honest and detailed answers can help demonstrate the genuineness of your relationship.

Frequently Asked Questions (FAQs)

Can I sponsor my spouse if I’m unemployed?

Yes, you can still sponsor your spouse or partner even if you are currently unemployed, but you must show the ability to meet the financial support requirements under IRCC rules. We help sponsors prepare financial documentation to satisfy the Canadian immigration authorities.

Can my spouse work in Canada while waiting?

If your spouse or partner applies under inland spousal sponsorship, they may be eligible for a spousal open work permit. This allows them to work legally in Canada while their permanent residency (PR) application is being processed by IRCC.

How long does spousal sponsorship take in Canada?

Processing times vary depending on whether the application is inland or outland, and the current IRCC workload. On average, inland applications take around 12 months, while outland applications may be faster in some regions. We guide applicants to minimize delays and ensure timely submission.

Can I sponsor my partner if I live outside Canada?

Yes, you can sponsor your spouse or partner from outside Canada through outland sponsorship. Your Canadian citizenship or permanent resident status must be valid, and you must demonstrate an intention to settle in Canada with your spouse once the application is approved.

What happens if my sponsorship is refused?

If a spousal sponsorship application is refused, we help you understand the reasons for refusal and explore options such as appeals or reapplication. Our Toronto immigration lawyers develop a strong legal strategy to address gaps and improve your chances of approval.