Spousal PR

Canada’s Spousal Sponsorship Program allows eligible Canadian citizens and permanent residents to sponsor their spouse, common-law partner or conjugal partner for Canadian permanent residence. It is part of Canada’s family-class immigration system and is designed to reunite eligible families in Canada.

The process is different from economic immigration programs such as Express Entry or PNP. The sponsor must meet the sponsorship requirements, while the sponsored spouse or partner must meet the requirements for permanent residence and be admissible to Canada.

1. What Is Canada Spousal PR?

Canada Spousal PR refers to obtaining permanent residence through spousal or partner sponsorship.

An eligible Canadian citizen or permanent resident can sponsor their spouse, common-law partner or conjugal partner. If the sponsorship and permanent residence applications are approved, the sponsored person can become a Canadian permanent resident.

The application is assessed at both the sponsorship and permanent residence stages. Therefore, being married to a Canadian citizen or permanent resident does not automatically result in PR.

2. Who Can Sponsor a Spouse for Canadian PR?

Generally, a sponsor must:

Be at least 18 years old
Be a Canadian citizen, Canadian permanent resident, or a person registered under the Canadian Indian Act
Live in Canada

A Canadian citizen living outside Canada may also sponsor if they demonstrate that they plan to live in Canada when the sponsored person becomes a permanent resident. A permanent resident living outside Canada cannot sponsor under this program.

The sponsor must also sign the required undertaking and sponsorship agreement and meet the other applicable requirements.

3. Who Can Be Sponsored?

The family sponsorship program includes different categories of partners. A Canadian citizen or permanent resident may potentially sponsor:

A legally married spouse
A common-law partner
A conjugal partner

The sponsored person must meet the applicable eligibility requirements and must not be inadmissible to Canada.

The relationship must be genuine and must not have been entered into primarily to obtain Canadian permanent resident status.

4. What Are the Requirements for a Spouse?

For spousal sponsorship, the person being sponsored must generally be legally married to the sponsor.

The spouse must be at least 18 years old, the relationship must be genuine and it must not have been entered into primarily for immigration purposes. The applicant must also meet Canada’s admissibility requirements.

Where the marriage took place outside Canada, applicants should ensure that the marriage is legally valid according to the applicable Canadian and local legal requirements.

Marriage alone does not guarantee approval. IRCC can assess the authenticity of the relationship and the complete application.

5. What Is a Common-Law Partner?

A common-law partner is someone who is not legally married to the sponsor but has lived with the sponsor in a marriage-like relationship for at least 12 consecutive months.

The cohabitation must generally have been continuous, although short and temporary periods apart can be permitted in certain circumstances, such as work or family obligations. Applicants must provide evidence demonstrating the common-law relationship.

A simple dating relationship does not qualify as common-law status for spousal sponsorship.

6. What Is a Conjugal Partner?

A conjugal partner is a person who has a committed and mutually interdependent relationship with the sponsor but cannot qualify as a spouse or common-law partner because of specific circumstances.

This category has more specific requirements than simply being in a long-term relationship. Applicants must demonstrate that they have been unable to live together or marry because of circumstances beyond their control.

A person who is simply dating a Canadian citizen or permanent resident does not automatically qualify as a conjugal partner.

Because this category is more specialized, applicants should carefully assess their circumstances before relying on it.

7. Is There an Income Requirement for Spousal Sponsorship?

In most cases, there is no minimum income requirement to sponsor a spouse, common-law partner or dependent child.

However, there are specific exceptions. For example, an income requirement can apply in certain situations where the person being sponsored has a dependent child who themselves has one or more dependent children.

Applicants should therefore not assume that every spousal sponsorship requires a specific annual income.

The sponsor must nevertheless demonstrate that they can meet their financial undertaking and other applicable sponsorship obligations.

8. What Is the Sponsorship Undertaking?

When sponsoring a spouse or partner, the sponsor signs an undertaking agreeing to provide financial support for the sponsored person for a specified period.

For sponsorships outside Quebec, the undertaking period for a spouse, common-law partner or conjugal partner is generally 3 years from the date the person becomes a permanent resident.

The sponsor also agrees to make reasonable efforts to ensure that the sponsored person does not need to seek social assistance.

The undertaking continues even if the sponsor’s personal circumstances change, such as separation or divorce.

Quebec has different sponsorship and undertaking requirements, so applicants living in Quebec should follow the applicable Quebec process.

9. Can a Canadian Citizen Living Outside Canada Sponsor Their Spouse?

A Canadian citizen can potentially sponsor their spouse while living outside Canada.

However, the Canadian citizen must demonstrate that they intend to live in Canada when the sponsored family member becomes a permanent resident.

This is different from a Canadian permanent resident living outside Canada. A permanent resident must generally be living in Canada to sponsor a spouse or partner under the family sponsorship program.

Therefore, the sponsor’s current location is an important part of the eligibility assessment.

10. Can a Permanent Resident Sponsor Their Spouse?

Yes, an eligible Canadian permanent resident can sponsor their spouse, common-law partner or conjugal partner, provided they meet the sponsorship requirements.

However, a permanent resident sponsor must be living in Canada. A permanent resident who is living outside Canada cannot sponsor their spouse under this program.

The sponsor must also satisfy other requirements and must not be subject to a sponsorship bar or another restriction that prevents them from sponsoring.

11. What Is Outland Spousal Sponsorship?

When the sponsored spouse or partner is living outside Canada, the application is generally processed under the Family Class.

This is commonly referred to as “outland sponsorship.” The applicant does not need to be physically living in Canada simply because their spouse is sponsoring them.

The sponsored person may continue living outside Canada while the permanent residence application is processed, subject to the applicable immigration and travel requirements.

If the person wants to visit Canada while their application is processing, they must separately meet the requirements for temporary entry to Canada.

12. What Is Inland Spousal Sponsorship?

When the sponsored spouse or common-law partner is living in Canada with the sponsor, the application may be submitted under the Spouse or Common-Law Partner in Canada Class, provided the applicable requirements are met.

This is commonly referred to as “inland sponsorship.”

The applicant must maintain appropriate temporary status where required, and the couple must continue to meet the applicable sponsorship requirements during processing.

An applicant should not assume that simply being physically present in Canada automatically makes an application an inland application.

13. Can a Sponsored Spouse Get an Open Work Permit?

Eligible spouses and common-law partners living in Canada who are being sponsored for permanent residence may be able to apply for an open work permit under the applicable IRCC policy.

The person must meet the current eligibility requirements. For example, IRCC states that the sponsored spouse or partner generally needs to be living in Canada with the sponsor and be included in a permanent residence application that has been received and is being processed.

An open work permit is not automatically issued simply because a sponsorship application has been submitted.

The sponsored person must receive work authorization before beginning work unless they already have valid authorization that allows them to work.

14. Can the Spouse Work While the PR Application Is Processing?

A sponsored spouse or partner can work in Canada only if they have appropriate work authorization.

For eligible applicants under the applicable spousal open work permit process, an open work permit may allow the spouse to work for an employer of their choice, subject to the conditions of that permit.

Applicants should not begin working simply because a PR sponsorship application has been submitted.

If an applicant already has a valid work permit, they should also follow the conditions and expiry date of that permit.

15. What Documents Are Needed for Spousal PR?

The exact documents depend on the applicant’s circumstances and the current IRCC application checklist.

Supporting evidence can include:

Passport and identity documents
Marriage certificate, where applicable
Evidence of common-law status, where applicable
Relationship evidence
Forms required for the sponsor and principal applicant
Police certificates where required
Medical examination requirements
Photographs
Proof of status in Canada, where applicable
Documents relating to dependent children, if applicable
Other documents requested by IRCC

Relationship evidence can be particularly important because IRCC must determine that the relationship is genuine and not primarily for immigration purposes.

Applicants should always follow the current personalized document checklist generated through the official application process rather than relying on an old checklist found online.

16. What Evidence Can Help Prove a Genuine Relationship?

The evidence required depends on the nature and history of the relationship.

Depending on the circumstances, evidence can include documents showing shared residence, financial responsibilities, communication, visits, photographs, social recognition of the relationship and other evidence demonstrating the history and genuineness of the relationship.

The purpose is not to provide a particular number of photographs or documents. The evidence should accurately represent the couple’s real relationship and circumstances.

Applicants should never create or alter evidence simply to strengthen an application. False or misleading information can have serious immigration consequences.

17. How Do You Apply for Spousal PR?

The current IRCC process involves two applications:

The sponsorship application submitted by the sponsor.
The permanent residence application submitted by the spouse, partner or other sponsored family member.

IRCC states that the principal applicant submits both applications together online through the Permanent Residence Portal.

The application should be completed carefully, with consistent information across the forms and supporting documents.

After submission, IRCC reviews the application and may request additional information, biometrics, medical examinations, police certificates or other documents where applicable.

18. What Happens After Submitting the Application?

After the application is submitted, IRCC checks the application and processes the sponsorship and permanent residence components.

The applicant may receive requests for additional documents, biometrics, medical examinations or other information.

Processing time can vary depending on the type of application, completeness, verification requirements, application volumes and other factors. IRCC publishes current processing-time information, and applicants should check the official processing-time tool rather than relying on a fixed number of months quoted by a website.

A complete application can help avoid unnecessary delays caused by missing information or documents.

19. Can You Sponsor a Spouse After Previous Sponsorship?

A sponsor may face restrictions in certain circumstances.

For example, a person may not be eligible to sponsor a new spouse or partner if they themselves were sponsored by a spouse or partner and became a permanent resident less than 5 years ago.

There can also be restrictions where the sponsor previously sponsored a spouse or partner and the applicable 3-year undertaking period has not yet ended.

Other sponsorship restrictions can also apply. Therefore, previous immigration and sponsorship history should be reviewed before submitting a new application.

20. Can Spousal Sponsorship Lead to Canadian PR?

Yes. If the sponsorship application and permanent residence application are approved, the sponsored spouse or eligible partner can become a Canadian permanent resident.

However, spousal sponsorship should not be described as automatic PR or guaranteed approval. The sponsor must qualify, the relationship must meet the applicable requirements, the applicant must provide the required information and documents, and the sponsored person must meet Canada’s admissibility requirements.

The final decision on permanent residence is made through the federal immigration process.

Canada Spousal PR: Why Professional Guidance Can Help

Spousal sponsorship can look straightforward because it is based on a family relationship, but the application still requires careful documentation and accurate information.

The sponsor’s eligibility, the type of relationship, the couple’s history, previous immigration history, the applicant’s admissibility and the chosen application category can all affect the process.

A strong application should tell the truth about the relationship and provide relevant evidence that supports the information provided in the forms.