Sponsorship
Outland Sponsorship
In a perfect world, spouses would not be kept apart by living in separate countries as their sponsorship application is being processed, but this is an unfortunate reality for many couples who are navigating the Canadian immigration process.
The outland spousal sponsorship stream of the family sponsorship program allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner for Canadian permanent residence, regardless of where they are currently living. As part of Canada’s commitment to reuniting families as quickly as possible, most applications are processed within a 12-month period. While this program was designed for sponsored individuals living abroad, applicants residing in Canada may also choose to apply for outland spousal sponsorship, as it may enable them to travel in and out of Canada while their application is being processed.
Outland Spousal Sponsorship Requirements
Spousal sponsorship applications have eligibility requirements for both the Canadian sponsor and the individual being sponsored. Those wishing to sponsor their spouse or common-law partner must:
- Be a Canadian citizen or permanent resident living in Canada
- Be at least 18 years of age
- Not have received spousal sponsorship to Canada in the five years preceding their application
- Not be in prison, charged with a serious offense, or bankrupt
- Not be under deportation order, if they are a Canadian permanent resident
If the sponsor lives in the province of Quebec, they may need to meet additional requirements. Unlike under inland spousal sponsorship, the sponsored individual is not required to hold valid temporary status in Canada for outland spousal sponsorship applications, as long as the sponsored partner is not living in Canada. They must also be at least 18 years of age and cannot be a close blood relative of the sponsor. The relationship between sponsor and person being sponsored must be either a legal marriage, or a common-law or conjugal partnership, as recognized by IRCC.
To be legally valid, the marriage must either have been legally performed in Canada, or, if performed outside of Canada, legally recognized in both the country where it took place and in Canada. Same-sex spouses must have been married in a country where same-sex marriages are legal in order for the relationship to be legally valid for sponsorship purposes. If the marriage is not legally valid, the couple may be able to apply for as common-law or conjugal partners, provided such a relationship can be demonstrated.
Spousal Sponsorship in Quebec
If the Canadian sponsor resides in the province of Quebec, will need to commit to a financial undertaking to support the family member they are sponsoring. The duration of the undertaking depends on the nature of the relationship. In the case of spousal sponsorship, the sponsor must commit to financially support their spouse, or common-law or conjugal partner, for three years.
Spousal Sponsorship Minimum Necessary Income
Outland spousal sponsorships do not require the sponsor to meet the Minimum Necessary Income (MNI) to be eligible for the program if they are sponsoring their spouse or their dependent children. In the event a Canadian citizen or permanent resident is sponsoring their parents, grandparents, or other dependents, they will be required to meet the MNI requirement in order to be eligible to sponsor their family members.
One of the most popular streams of Canadian immigration, family sponsorship programs make it easy for citizens and permanent residents to bring their spouse and immediate family members to Canada with reduced processing times, because Canada knows that family should never be put on hold.
Spouse or Common-Law Partner Sponsorships
Take advantage of an accelerated 12-month processing period by sponsoring your spouse or common-law partner for Canadian permanent residence, whether they are living in Canada with a valid, temporary visa, or residing abroad. Applicants who are living in Canada may also qualify for an open work permit, giving couples the chance to relieve some of their financial burdens.
A spousal open work permit gives sponsored individuals the ability to work in Canada while their sponsorship application is being processed. Since Canada recognizes common-law partnerships, you may be eligible to apply for spousal sponsorship if you and your partner are not married but have been living together for a period of at least one year.
Child or Other Dependant Sponsorship
If you are immigrating to Canada, you can choose to include your children as accompanying dependents on your application for permanent residence. However, if you choose not to include them, or are otherwise unable to do so, they may still be able to join you in Canada later. Canada’s child sponsorship program allows Canadian citizens and permanent residents to sponsor their biological or adopted children under the age of 22 for permanent residence, as long as they are unmarried and have no children of their own.
Parent or Grandparent Sponsorship
Canada’s commitment to family reunification extends to parents and grandparents of Canadian citizens and permanent residents through the parent and grandparent sponsorship program. In order to sponsor a parent or grandparent, citizens and permanent residents will be required to demonstrate that they can financially support their family by meeting the Minimum Necessary Income (MNI) for the size of their family unit. They must also agree to financially support their sponsored family members, if needed. Sponsors who are unable to permanently support their parent or grandparent may be eligible for a Super Visa, a long-term, multiple-entry visa for parents and grandparents of Canadian citizens and permanent residents.
Family Sponsorship FAQ
No. Except under exceptional circumstances, the Family Class program only allows citizens and permanent residents to sponsor spouses or common-law partners, dependent children, parents, and grandparents. You may sponsor any non-immediate family member (e.g. niece, nephew) if you have legally adopted them and they meet the definition of a dependent child.
If your spouse or common-law partner is living in Canada with a valid work permit, they may continue to work, without interruption, until their visa expires. If they are living in Canada with a valid study or visitor visa, they may be eligible to apply for an open work permit that allows them to work while their application is being processed.
If your spouse or common-law partner is not living in Canada, they are not eligible to apply for a spousal open work permit. However, if they meet the eligibility criteria for a Canadian work permit, they may apply for a regular work permit while their sponsorship application is processed. Be aware that having an ongoing application for permanent residence may affect an application for temporary residence, such as a work permit.
Spousal sponsorship applications are typically processed within 12 months.
No. You can begin sponsorship if the adoption is in the final stages.
Spousal sponsorships do not require the sponsor to meet a low income threshold to be eligible to sponsor their spouse or common-law partner, as long as they do not have any dependents with children of their own.
A marriage of convenience is a marriage or common-law relationship whose sole purpose is to let the sponsored spouse or partner immigrate to Canada. If the visa officer reviewing your file determines that your relationship is a marriage of convenience, your spousal sponsorship application will likely be refused. Marriages of convenience constitute marriage fraud and may result in criminal charges.
