Family Class Sponsorship

You can sponsor the following persons and their dependent children (21 or younger) for Canadian Permanent Residence

• Spouse (husband, wife, partner- marriage must be legally recognized)
• Common-law Partner (person you are living with but not married to)
• Conjugal Partner (if your partner does not qualify under the Spouse or Common-Law category but you are in a committed relationship equal to that of a marriage for at least 1 year.There must be extenuating circumstances why you cannot live together- job location, studying abroad, inability to obtain visa to Canada are NOT good enough reasons)

Canada recognizes same-sex marriages and partners and are eligible to apply under these 3 categories.

There are 2 types of applications for Spouse and Common-Law Sponsorship

1. Outland Spousal Sponsorship:  your application will be processed through the visa office in the sponsored spouse’s country of citizenship or where they legally reside (if outside Canada).  If you and your Spouse/Common-law partner live together in Canada, you can still apply under this category.  Applying under this category will make you eligible to Appeal a refusal. You will not have rights to appeal for an Inland Spousal Application.

2. Inland Spousal Sponsorship (Spouse or Common-Law in-Canada category): your application will be processed in Canada and you and your sponsor MUST live together.  The person being sponsored MUST have temporary status in Canada as a worker, student, or visitor.  The person being sponsored may be eligible for an Open Work Permit.

To be eligible to be a Sponsor

• You must be a Canadian Citizen, or Permanent Resident (living in Canada)
• You must be 18 years of age or older
• You cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence
• You, yourself, cannot have been sponsored to Canada as a spouse within the last 5 years.

To be eligible to be sponsored by a Sponsor

• You must be at least 18 years of age
• You must not be too closely related by blood to the Sponsor

Requirements that must be met in order to qualify for Sponsorship under the 3 categories

• Your relationship is genuine (real) and was not entered into primarily for the purpose of acquiring Permanent Residence
• If your spouse or common-law partner is applying in the Spouse or Common-law Partner “In Canada class”, he or she must cohabit (live) with you in Canada

Requirements AFTER sponsorship

• The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
• Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian permanent residence.

How do I sponsor a spouse, common-law partner or dependent child from inside Canada?

Sponsor Eligibility

You may be eligible to sponsor a spouse or common-law partner or accompanying dependent child from inside Canada if:

• You are 18 years of age or older;
• You are a Canadian citizen or permanent resident;
• The person you want to sponsor qualifies as a spouse or common-law partner or accompanying dependent child, in-Canada class;
• You live in Canada and continue to live in Canada after the sponsored person gets permanent resident status;
• You and your spouse or common-law partner both sign an agreement confirming that each of you understands your obligations and responsibilities;
• You sign an undertaking promising to provide for the basic needs of your spouse, common-law partner or accompanying dependent child; and
• You prove that you have sufficient income to provide basic requirements for any dependent child. This requirement applies only when you apply to sponsor a dependent child who has dependent children of their own.
  To do this, you must provide documents that show your financial resources for the past 12 months.

How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada?

Sponsor Eligibility

You may be eligible to sponsor a spouse or a common-law or conjugal partner or dependent children living outside of Canada if:

• The person you want to sponsor is a member of the family class. If he or she is not, you will not to be able to sponsor them.
• You are 18 years of age or older;
• You are a Canadian citizen or permanent resident;
• You reside in Canada.
• If you are a Canadian citizen not residing in Canada, you may sponsor your spouse, common-law or conjugal partner and/or dependent children who have no dependent children of their own. You must demonstrate that you will live in Canada once they become a permanent resident. Find out more.
• You sign an undertaking promising to provide for the basic requirements of the person being sponsored and, if applicable, their dependent children. Find out more.
• You and the person being sponsored sign an agreement that confirms that each of you understands your mutual obligations and responsibilities.

Important Notes:

As of April 28, 2017, IRCC has eliminated the Conditional Permanent Residence rule for spousal and partner sponsorships.