Spousal Sponsorship to Canada: Eligibility Requirements

Spousal sponsorship allows Canadian citizens and permanent residents to sponsor their partner so that they can come to Canada and live here permanently. In Canada, we value the importance of family being together which is why spousal sponsorship applications are a top priority. 

Here is what you need to know about spousal sponsorship and eligibility requirements in Canada. 

Who can sponsor their spouse to come to Canada? 

You may be able to sponsor your spouse, common-law partner, or conjugal partner if you meet the following conditions: 

• You are a Canadian citizen or permanent resident. 
• You are at least 18 years old. 
• You live in Canada or are planning to return to Canada. 
• You have the resources to provide for the basic financial needs of your partner for a minimum of three years. 

For spousal sponsorship to Canada, there are two classes: In Canada and Family Class. Here is what you need to know about each of these classes. 

In Canada Sponsorship Class

You should apply under this class if: 

• Your spouse or partner lives with you in Canada.
• Your spouse or partner holds valid immigration status in Canada. 
• Your spouse or partner would like to apply for an open work permit that allows them to have a job in Canada while their application is being processed. 

It is important to note that applicants under this class should avoid travelling outside of Canada while their application is being processed. 

Family Sponsorship Class

You should apply under this class if: 

• Your spouse or partner lives outside of Canada. 
• Your spouse or partner lives with you in Canada but does not plan on staying in Canada throughout the application process. 

It is important to note that applicants under this stream may not be able to live with their spouse during the entire time of the application process. 

How long does spousal sponsorship take?

The timing of a spousal sponsorship application depends on IRCC’s processing times and these times can vary based on when the application is submitted. Processing times can be checked on IRCC’s website.

The best way to avoid potential delays is to work with a skilled immigration lawyer who can ensure that everything in the application is in order before it is submitted to Canadian immigration. 

What are my responsibilities as a spousal sponsor?

If you are sponsoring your spouse or partner, it will be your responsibility to support them and provide for their basic needs for three years. You must ensure that your spouse or partner does not require any government social assistance during this time – and if they do, you must pay back the amount that they received during that three-year period. 

This financial obligation will remain in effect even if you and your partner separate or if your partner moves to another country or province during the three-year period. 

Contact Minhas Lawyers today

If you would like to sponsor a spouse or partner to come to Canada, our immigration lawyers can help to ensure the process goes smoothly. Call us today to learn more and to book a consultation with our immigration lawyers!