Canada Spousal PR Sponsorship: 5-Year Sponsorship Bar and 3-Year Undertaking Explained
If you are planning to get Permanent Residence (PR) in Canada through spousal sponsorship, there are two important restrictions you must understand: the 5-year sponsorship bar and the 3-year undertaking.
These restrictions apply to both parties involved in spousal PR sponsorship: the person who is sponsoring their spouse and the person who receives PR through sponsorship.
If you are not aware of these restrictions, you may submit an application when you are not eligible. This can result in refusal. Trying to arrange multiple sponsorships too quickly can also create a misrepresentation concern and may lead to a ban.
These rules are important not only when applying for spousal PR but also before getting married to someone who has Canadian PR or citizenship. If your prospective spouse has previously received PR through spousal sponsorship, you may have to wait before applying for your own PR.
1. What Is Spousal PR Sponsorship in Canada?
Spousal PR sponsorship is a process through which a person who has Canadian Permanent Residence or citizenship can sponsor their spouse or partner to obtain PR in Canada.
This is a non-Express Entry PR application. The application is submitted through the portal specifically used for spousal PR sponsorship. It does not go through the Express Entry system.
To apply for spousal PR sponsorship:
You must be married to someone who has Canadian PR or citizenship, or be in a qualifying common-law partnership.
Your marriage or relationship must be genuine.
You must provide sufficient proof to establish that your relationship is genuine.
The sponsor must meet the eligibility requirements.
Marriage is not compulsory if you are in a common-law partnership. If you have been living together for one year and can provide proof that you are living together as partners, you can apply through the common-law partnership category.
The genuineness of the relationship is very important. If you cannot prove that your marriage or relationship is genuine, your spousal PR application can be refused. In some cases, a five-year ban may also apply.
The same genuineness requirement is relevant to Spouse Open Work Permit applications.
2. Who Is Restricted from Sponsoring Again?
There are restrictions on both parties involved in spousal PR sponsorship.
First restriction: The person who received PR through spousal sponsorship
If you received Canadian PR through spousal sponsorship, you cannot sponsor another spouse or partner for five years from the date you obtained your PR.
Second restriction: The original sponsor
The person who sponsored their spouse has a three-year undertaking to provide financial support. This responsibility does not automatically end if the couple gets divorced or separated.
Therefore, a person cannot simply keep sponsoring different spouses without considering the restrictions attached to previous sponsorships.
These restrictions are intended to prevent the misuse of spousal PR sponsorship.
3. What Is the 5-Year Sponsorship Bar?
The five-year sponsorship bar applies to a person who received Canadian PR through spousal or partner sponsorship.
The five-year period starts from the date the person obtains PR, not from the date of marriage.
3.1 When Does the Five-Year Period Start?
Consider this example:
You got married in April 2022.
You submitted your spousal PR application.
You received Canadian PR in April 2023.
Your five-year restriction starts in April 2023, when you received PR. It does not start from your marriage date in April 2022.
You cannot sponsor another spouse or partner until the five-year period has passed.
3.2 Does Divorce Remove the Five-Year Restriction?
No. Divorce or separation does not remove the five-year sponsorship bar.
Even if you get divorced immediately after receiving PR, the restriction will continue for five years.
For example:
A person receives PR through their spouse in April 2022.
The couple gets divorced in December 2025.
The person gets married to someone else in November 2026.
The second marriage may take place, but the person who received PR through the first sponsorship cannot sponsor the new spouse for PR until the five-year restriction is over in April 2027.
The important point is that the five-year period is calculated from the date of receiving PR, not the date of marriage or divorce.
3.3 Example: First Husband and Second Wife
Suppose Wife 1 sponsored Husband 1, and Husband 1 received Canadian PR through her.
Later, Husband 1 and Wife 1 get divorced. Husband 1 gets married to Wife 2.
Wife 2 cannot receive PR through Husband 1 until the five-year restriction is over, calculated from the date Husband 1 received PR through the first sponsorship.
This restriction applies even if the first marriage has ended.
4. Why You Must Check Your Partner's Sponsorship History Before Marriage
Before getting married to someone in Canada who has PR or citizenship, you should check whether that person has previously sponsored someone or received PR through spousal sponsorship.
If you are planning to get PR through your marriage, this information is very important.
For example, a person may spend a significant amount of money expecting to obtain PR through a marriage, but later discover that their spouse is still subject to the five-year sponsorship restriction.
This can create serious problems, particularly when the couple is living in different countries.
In one consultation example, the husband was in Pakistan and the wife was in Canada. The wife had children from her previous marriage and was divorced, but a five-year restriction meant she had to wait until 2028 before applying for her husband’s PR. The couple was separated, and the husband’s visitor visa refusal rate was high.
A long separation can put pressure on a marriage. Therefore, before getting married with the expectation of obtaining Canadian PR, always understand the previous sponsorship history and applicable restrictions.
5. Is There a Minimum Income Requirement for Spousal PR Sponsorship?
There is no specific minimum income requirement stated on the official website for this sponsorship process. However, the sponsor still needs to demonstrate sufficient financial capacity.
The sponsor is responsible for showing that they can financially support the spouse and any accompanying children.
The financial responsibility is on the sponsor, not the person receiving PR.
The sponsor needs to demonstrate that they can take care of the family they are bringing to Canada and that the family will not become a burden on Canada’s social system.
5.1 Income Figures for Different Family Sizes
The income figures discussed are:
| Family Size | Income Requirement |
|---|---|
| Family of 2 | Approximately $38,000 |
| Family of 3 | Approximately $47,000 |
For a family of two, an income of approximately $38,000 is discussed. If there is also a child, the family size becomes three, and the income figure discussed is approximately $47,000.
The sponsor should demonstrate their financial capacity through income and available funds.
5.2 What If the Sponsor Does Not Meet the Income Requirement?
If your income is lower than the figures discussed, you can also demonstrate your available savings and other financial resources.
For example:
Your annual income is $40,000.
You have savings of $20,000.
Your income is expected to increase in the future.
You have received a job offer or have started a business.
You can explain your financial situation through a Letter of Explanation and provide supporting documents.
If you meet the income requirement, it is still beneficial to submit your available savings and financial documents.
Both income and funds are important when demonstrating financial capacity.
5.3 Should You Submit Financial Documents Even If You Meet the Income Requirement?
Yes. Even if you meet the income requirement, you should submit your available funds and supporting financial documents.
The more financial capacity you can demonstrate, the better.
If you do not meet the income requirement, your available funds may help compensate for the lower income.
You can also submit a web form during application processing if your financial position improves. For example, if your income increases or you accumulate additional funds, you can provide updated financial information.
6. What Is the 3-Year Undertaking for the Original Sponsor?
The original sponsor is required to give an undertaking to financially support their spouse or partner for three years.
This is a separate restriction from the five-year sponsorship bar.
The undertaking does not automatically end if the couple gets divorced or separated.
For example, if Husband 1 sponsored Wife 1 and later they get divorced, Husband 1’s three-year financial undertaking for Wife 1 does not automatically disappear.
6.1 Can the Original Sponsor Sponsor Another Spouse During the Three-Year Undertaking?
Consider this example:
Husband 1 sponsors Wife 1.
Husband 1 and Wife 1 get divorced.
Husband 1 gets married to Wife 2.
The financial undertaking for Wife 1 remains in place for three years.
If Husband 1 wants to sponsor Wife 2, the visa officer may question how he will financially support both the previous spouse and the new spouse.
The sponsor must demonstrate that they have sufficient income and financial capacity to meet both responsibilities.
If the sponsor can show that they have enough income, funds and financial capacity to support both spouses and any children involved, they can explain their circumstances.
However, if they cannot demonstrate sufficient financial capacity, the new spousal PR application may be refused.
The original sponsor cannot simply ignore the previous undertaking after divorce.
7. Financial Undertaking for Dependent Children
The financial undertaking also applies to dependent children.
The periods discussed are:
| Person Being Sponsored | Undertaking Period |
|---|---|
| Spouse or partner | 3 years |
| Dependent child aged 22 or older | 3 years |
| Dependent child under 22 | 10 years or until the child reaches 25 |
The sponsor has a long-term financial commitment towards the family members they sponsor.
For dependent children under the age of 22, the responsibility continues for 10 years or until the child reaches the age of 25.
Therefore, the original sponsor must understand the financial responsibilities before submitting a sponsorship application.
8. What Happens If the Sponsor Keeps Sponsoring Different People?
A person who has Canadian PR or citizenship cannot simply keep sponsoring different people without considering their previous commitments.
If the sponsor has already given an undertaking for a previous spouse and tries to sponsor another person, their financial capacity may be questioned.
The officer may ask how the sponsor will meet the financial responsibilities towards both families.
If someone repeatedly arranges sponsorships and receives money in connection with them, it may raise concerns about whether sponsorship is being used as a business.
Such conduct can lead to misrepresentation concerns, a ban or other legal action if established.
The three-year undertaking for the original sponsor and the five-year restriction for the person who received PR through sponsorship must both be considered.
9. Prove That Your Marriage or Relationship Is Genuine
The genuineness of the relationship is one of the most important parts of a spousal PR application.
The visa officer will examine whether the marriage or relationship is genuine.
If you cannot establish that your relationship is genuine, your application may face scrutiny, an interview or refusal. In some cases, a five-year ban may also apply.
This requirement also applies to Spouse Open Work Permit applications.
You should provide sufficient proof of your relationship and marriage.
It is also important to get married according to the rituals and customs of your culture and religion. If the marriage does not follow the expected rituals or cultural practices, the visa officer may have questions about how the marriage took place.
Therefore, make sure your relationship is genuine and that you can properly demonstrate it through your application.
10. Important Points to Remember Before Applying for Spousal PR
Before proceeding with spousal PR sponsorship, remember these important points:
The five-year restriction applies to a person who received PR through spousal or partner sponsorship.
The five-year period starts from the date of obtaining PR, not the date of marriage.
Divorce or separation does not remove the five-year restriction.
The original sponsor has a three-year financial undertaking for the spouse or partner.
Divorce does not automatically end the three-year undertaking.
The sponsor must demonstrate sufficient financial capacity.
Available savings and other financial resources should also be shown.
The sponsor may need to demonstrate the ability to support a previous spouse and a new spouse if the earlier undertaking is still in place.
The financial undertaking also applies to dependent children.
The genuineness of the marriage or relationship must be established.
Understanding these restrictions before marriage and before submitting an application can help prevent unexpected problems and long periods of separation.
11. Get Assistance with Your Canada Spousal PR Application
Spousal PR sponsorship involves important eligibility requirements, relationship evidence, financial documentation and sponsorship commitments.
If you need assistance with spousal PR, another PR application or any other Canada immigration application, Globexa Immigration can help you with your application.
You can contact us through WhatsApp or call to discuss your case. Calls are generally available after 6:00 p.m. Ontario time.
Thank you for reading. See you in the next update.
