Spouse & Common-Law Partner or Conjugal Partner Sponsorship
If you are a Canadian citizen or permanent resident, you can sponsor your spouse, common-law, or conjugal partner to obtain Canadian permanent resident status.
Who is a Spouse, Common-law Partner, or Conjugal Partner?
Spouse, common-law partner, and conjugal partner are different legal terms used to describe different types of relationships in the context of immigration and marital status. Here’s a breakdown of each term:
- Spouse: A spouse refers to a person who is legally married to another person. This relationship is recognized through a legal marriage certificate or equivalent documentation from the country where the marriage took place. In immigration matters, the term “spouse” typically applies to opposite-sex or same-sex marriages that are legally recognized.
- Common-Law Partner: A common-law partner refers to a person who is in a committed and exclusive relationship with another person, but they are not legally married. The exact definition and requirements for common-law partnership vary depending on the country or jurisdiction. In Canada, for example, common-law partners are individuals who have lived together in a marriage-like relationship for at least one year.
- Conjugal Partner: A conjugal partner refers to a person who is in a committed and exclusive relationship with another person, but due to certain circumstances, such as immigration barriers or legal restrictions, they are unable to marry or live together in a common-law partnership. Conjugal partnerships are often recognized when there are significant barriers preventing the couple from living together or getting legally married.
Who is eligible to sponsor a Spouse, Common-law Partner or Conjugal Partner?
To be eligible, you must meet the following criteria:
- You are 18 years of age or older.
- You are either a Canadian citizen, a permanent resident living in Canada, or a person registered under the Canadian Indian Act.
- You currently reside in Canada or are a Canadian citizen planning to return to the country.
- You are not receiving social assistance for reasons other than a disability.
- You have the means to support your own basic needs, as well as those of your spouse or partner, and any dependent children you may have.
General requirements for Sponsored person (applicant)
- Age: The person you are sponsoring must be 18 years old.
- Relationship: The sponsored person must be the spouse, common-law partner, or conjugal partner of the sponsor. The relationship must be genuine and not solely for immigration purposes.
- Legal Status: The sponsored person must have legal status in their current country of residence, meaning they must be residing in their home country or another country legally.
- Medical and Criminal Checks: The sponsored person must undergo medical examinations to ensure they meet the health requirements. They must also provide police certificates or other documents to prove they have no criminal record.
- Admissibility: The sponsored person must be admissible to Canada, meaning they should not have a history of serious criminality, security concerns, or certain medical conditions that could pose a risk to public health or safety.
- Dependent Children: If the sponsored person has dependent children, they must also meet the requirements for sponsorship and be included in the application.
Who can not be a sponsor?
You may not be able to sponsor if you…
- have signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,
- are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,
- previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
- are in default on an immigration loan or a performance bond
- did not pay court-ordered alimony or child support
- receive social assistance for a reason other than a disability.
- have declared bankruptcy which has not been discharged
- were convicted of
- an offence of a sexual nature,
- a violent crime,
- an offence against a relative that caused bodily harm or
- threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
- are under a removal order,
- are in a penitentiary, jail, reformatory or prison,
- have already applied to sponsor your current spouse or partner and haven’t received a decision.
Who you can sponsor?
- Spouse, common-law partner, or conjugal partner
- Dependent child: A child of the sponsor and the person being sponsored can be considered a dependent child if the child meets the following criteria:
- They are under 22 years old.
- They do not have a spouse or common-law partner.
For children who are 22 years old or older, they can still qualify as dependents if they meet both of the following requirements:
- They have relied on their parents for financial support prior to turning 22.
- They are unable to financially support themselves due to a mental or physical condition.
Class of Application
If you’re sponsoring your spouse or common-law partner, conjugal partner or dependent child, you must submit an application under the Family Class.
You have two main options to choose from when sponsoring-
- Inland Sponsorship:
Inland sponsorship refers to a sponsorship application process where both the sponsor (the person wishing to sponsor a family member) and the sponsored person (the family member being sponsored) are already in Canada.
Advantages: One of the main advantages of inland sponsorship is that the sponsored person may be eligible for an open work permit while the sponsorship application is being processed. This allows them to live and work in Canada during the processing time.
However, if the sponsored person leaves the country during the processing period, they may face difficulties re-entering until the sponsorship is approved.
- Outland Sponsorship:
Outland sponsorship, on the other hand, is made when the sponsored individual resides outside of Canada, while the Canadian or Permanent resident sponsor resides in Canada.
Advantages: The main advantage of outland sponsorship is that the sponsored person can generally travel freely during the application process. They are not bound by the restrictions that may apply to inland sponsorship. Applications submitted from outside Canada are handled by the visa office responsible for the applicant’s country of origin or the country in which the applicant has legally resided for at least one year.
Applicants who are awaiting the finalization of their permanent residence applications now have the opportunity to apply for a Temporary Resident Visa (TRV) in order to visit or stay with their spouses in Canada.
If you’re applying in the conjugal partner class, the person being sponsored cannot be living in Canada.
Other Considerations:
- Same-sex marriages are recognized in Canada, and couples in same-sex partnerships may be eligible to apply under this category if they meet all the necessary eligibility requirements.
- It is important to note that the province of Quebec has its own immigration rules. Once your application is received, IRCC will provide you with instructions via email or letter on how to apply to the Quebec government to become a sponsor.
- For most cases, there is no low-income cut-off (LICO) requirement for spouse, partner, or dependent child sponsorship. However, if either the spouse or partner being sponsored has a dependent child who, in turn, has dependent children of their own, or if the dependent child being sponsored has a dependent child of their own, you must meet a minimum LICO score. This score is determined by the Canadian Government each year.
- If your citizenship is in the process of being revoked or you’ve failed to respect your residency conditions or you’ve been charged with an offense that is punishable by a maximum prison term of ten years, your application will not be processed until a final decision related to the situation has been made.
Frequently Asked Questions (FAQ)
In addition to essential documents such as your marriage certificate, it is crucial to provide evidence of the authenticity of your relationship. Many couples who have been together for a long time may encounter difficulties in demonstrating this due to a lack of appropriate documentation. This is a common challenge in sponsorship applications. Documents that can be used to establish the genuineness of your relationship can include correspondence, gift receipts, and other relevant evidence.
When you agree to be a sponsor, you must sign an Undertaking promising to give financial support for the basic needs of your spouse or partner and their dependent children.
Length of undertaking is 3 years from the day your spouse, common-law partner or conjugal partner becomes a permanent resident.
Length of undertaking is 3 years from the day your dependent child (or the dependent child of your spouse, common-law partner or conjugal partner) over 22 years of age becomes a permanent resident.
Length of undertaking is 10 years from the day your dependent child (or the dependent child of your spouse, common-law partner or conjugal partner) under 22 years of age becomes a permanent resident, or until the child becomes 25 years old, whichever comes first.
If a spouse or partner sponsored you, you can’t sponsor a new spouse or partner within five years of becoming a permanent resident.
This rule applies even if you got your Canadian citizenship within those five years.
Yes, if you have submitted an application under the Inland Spousal/Common-Law Partner Sponsorship Program and both of you meet all eligibility requirements under In- Canada spousal or common-law partner sponsorship
No, temporary residents (students, visitors, workers) cannot sponsor their spouses under this category. Only permanent residents and Canadian citizens are eligible to apply under Canada’s sponsorship programs.
A marriage of convenience (MOC) refers to a marriage that is entered into solely for the purpose of the sponsored spouse’s immigration to Canada. If the visa processing officer examining the application determines that the relationship is a marriage of convenience, it is highly likely that the spousal sponsorship application will be rejected. It is important to note that marriages of convenience are considered marriage fraud and can lead to potential criminal charges.
If the individual you are sponsoring has not yet obtained permanent resident status in Canada, it may be possible for you to withdraw your sponsorship application. Additionally, there is a chance of receiving a refund for your application fee if Immigration, Refugees and Citizenship Canada (IRCC) has not commenced processing your application.