If you want to sponsor your partner or dependent to become a Canadian permanent resident and live with you in Canada, then learn all about Canada’s Spousal Sponsorship program - an immigration program designed by the Government of Canada for family reunification. At Livin Immigration, whether you're applying through Express Entry or exploring other options such as a spousal or family sponsorship, we want you and your loved ones together too. So let’s get started.
Spousal Sponsorship in Canada Breakdown
Whether you would like to sponsor your spouse, common-law partner, conjugal partner, or dependent, you will have to follow 6 steps:
Step 1: Verify if you meet the eligibility criteria
Step 2: Gather the necessary documents for your spousal sponsorship in Canada application.
Step 3: Fill out the application forms online and other required PDF forms. If you need help putting together the right forms, book a consultation with our team of Registered Canadian Immigration Consultants at Livin Immigration.
Step 4: Pay the required fees for spousal sponsorship.
Step 5: Submit your application and wait for your Acknowledgement of Receipt (AOR).
Step 6: Link your application to your IRCC secure account to see the progress of your application.
Step 7: Monitor your application for communication in regards to your application.
Spousal Sponsorship in Canada Program Overview
What is the Spousal Sponsorship Program?
The Spousal Sponsorship Program in Canada is a one of Canada’s many immigration programs that helps unite couples and families by giving the opportunity to Canadian citizens and permanent residents to sponsor their spouses, common-law partners, conjugal partners, or dependents to become a permanent resident of Canada. It’s important to note that Spousal Sponsorship in Canada is available to all genders.
Before we get into the details, let’s define the difference between the different types of relationships mentioned above:
Spouse (Spousal Sponsorship): Your marriage is a legally valid civil marriage: was legally performed in Canada, or if performed outside of Canada, the marriage must be legally recognized both in the country where it took place and in Canada.
Common-law (Common-law Sponsorship): You’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.
Conjugal Partner: You’re in a relationship with a person who is living outside of Canada. To be eligible to sponsor a conjugal partner, you must be able to prove that you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible for any reason.
Dependent (Dependent-Child Sponsorship): Your child or the child of your spouse or common-law partner if they are under 22 years old and they don’t have a spouse or common-law partner themselves. For a dependent to be recognized over the age of 22, they must be unable to financially support themselves due to a mental or physical condition.
Each of these relationship types have their own eligibility criteria and documentation requirements. To get help on your Spousal Sponsorship application, contact our team of Registered Canadian Immigration Consultants at Livin Immigration for a consultation.
Find Out If You’re Eligible
How To Become a Sponsor
You can become a sponsor for a sponsorship application if you meet the following eligibility requirements:
- You’re at least 18 years of age
- You’re a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident
- You’re living in Canada (if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident). You can’t sponsor someone if you’re a permanent resident living outside of Canada.
- You’re able to prove that you are not receiving social assistance for reasons other than a disability, and;
- You must also be able to show that you can provide basic needs for yourself, your spouse or partner, your spouse or partner’s dependent child(ren), and your dependent child(ren) (if you’re sponsoring only your dependent child).
It’s important to note that if you’re sponsoring a spouse, partner or dependent child, there is no minimum income requirement (or minimum necessary income - MNI).
However, you will still need to meet your financial obligations as a sponsor by signing what is called an undertaking. Let’s get into this in detail.
Your Obligations As a Sponsor
When you agree to be a sponsor, you must sign a document that is called an undertaking, which means that you promise to give financial support for the basic needs of your spouse or partner (the person you are sponsoring) and their dependent children, if applicable.
Basic needs are:
- food, clothing, shelter and other needs for everyday living,
- dental care, eye care and other health needs that aren’t covered by public health services.
It’s important to note that if the person you sponsor receives social assistance, you’ll have to pay back what they received during the time you are legally responsible for them.
How long is the undertaking agreement?
The length of the undertaking agreement is 3 years from the day your spouse, common-law partner or conjugal partner becomes a permanent resident. The undertaking won’t be cancelled, even if:
- the person you sponsor becomes a Canadian citizen
- you become divorced, separated or your relationship with the sponsored person breaks down
- you or the person you sponsor move to another province or country
- you experience financial problems
This is why we recommend that you feel comfortable before signing the undertaking agreement as you will be liable for providing them financial support. Make sure that the people you sponsor (for example, a sponsored spouse) won’t need to ask the government for financial help, unless you're willing to support them.
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When applying for an open work permit, they must also be:
- in a genuine relationship with you, the sponsor
- included in an application for permanent residence, and have an acknowledgement of receipt (AOR) letter confirming that their permanent residence application is being processed
- living in Canada with you, the sponsor
Only once the Acknowledgement of Receipt (AOR) is received may your partner apply for an Open Work Permit.
If your partner needs to apply for a new open work permit, click here to learn more or contact our team at Livin Immigration to help your partner.
Will Your Partner Need to Take a Language Proficiency Test?
No. Your partner will not need to prove that they speak English (or French) fluently. However, it will be beneficial for them to learn the local languages to be able to communicate effectively and to find work. In the future, they will need to take the CELPIP LS test for their Canadian citizenship.
Will You Be Interviewed?
Although an interview by the IRCC for Spousal Sponsorship applications is very rare, the best way to avoid one is by having accurate and consistent documents sent with your application. Reasons why you might be called for an interview are if your officer finds contradicting information on your forms or if your relationship is not deemed genuine. To best prevent this, book a consultation with our team at Livin Immigration.
Get Approved
Spousal Sponsorship Application with Livin Immigration
Applying for a spousal sponsorship application is a detailed process and it’s one that you want to get right the first time.
In this guide, we’ve discussed eligibility requirements, fees, and the different class application streams. However, there are common mistakes you’ll want to avoid, and these do vary from country to country and by case depending on if you are sponsoring a spouse, common-law partner, conjugal partner, or dependent child.
It’s important to only submit documents that are relevant to your specific situation. The IRCC will also return applications with missing or incomplete information - that’s why it’s so important to get every detail right the first time.
When applying for a Spousal Sponsorship, expect to send the following documents in your checklist:
- Completed application forms
- Proof of payment for applicable government fees
- Country specific documents (if applicable)
- Proof of status in Canada (Sponsor and Spouse)
- Identity documents
- Marriage certificate
- Divorce Certificates (if applicable)
- Birth Certificate
- Sponsor's source of income documents
- Certified and translated Police Certificate and Clearances from all countries your spouse has lived in for six months or longer from the age of 18
- Digital photos
- Relationship Information and Sponsorship Evaluation questionnaire
- Wedding invitations and photos
- Birth certificates or adoption records for any children you and your spouse have together
- Proof of relationship documents depending on type of relationship
If you're applying for a common-law sponsorship, you’ll also need to provide additional documents to prove the genuineness of your relationship to the IRCC with evidence such as:
- Relationship Information and Sponsorship Evaluation questionnaire
- Birth certificates or adoption records for any children you and your common-law partner have together
- Photos of you and your common-law partner that demonstrate that you are in a conjugal relationship
- Proof that you have lived together for at least one year
And at least two of the following documents:
- Documents that indicate that you are recognized as each other’s common-law partner, such as employment or insurance benefits
- Evidence of financial support or shared expenses between you and your partner
- Proof that your relationship is recognized by family and friends (letters, emails, social media)
If you are in a conjugal relationship, additional documents may include:
- Proof of contact
- Proof of visits
- Proving economic support such as joint bank accounts
- Evidence that your friends and family support your relationship through letters
As you can see, the document checklist is extensive and what you will need to gather will depend on you and your partner's countries of origin and particular case.
To get help putting together your document checklist and application package, book a consultation with our team of Registered Canadian Immigration Consultants at Livin Immigration.
Want a professional opinion about your case?
Can Your Application Be Refused?
There are many factors that are taken into consideration when assessing a spousal sponsorship in Canada application including any potential criminal records.
But the most important factor is the legitimacy of your relationships, and therefore, the accuracy of your documents. This will be determined by your immigration officer.
We hope this guide has been helpful in supporting your loved one in becoming a permanent resident of Canada too.
If you would like to start your Spousal Sponsorship in Canada today, book a personalized consultation with our team here at Livin Immigration.
Our team will carefully make your application process stress free so you can focus on what really matters - life in Canada with your loved ones.
