Canada's Spousal Sponsorship Program serves as a cornerstone of its family reunification efforts, allowing Canadian citizens and permanent residents to sponsor their spouse or common-law partner for Canadian permanent residence. The fundamental aim of this program is to keep families together, enabling the sponsored individual to live, work, and study anywhere in Canada as a permanent resident. This program underscores Canada's commitment to supporting family unity as a core component of its immigration policy.
Types of Spousal Sponsorship Applications
The Spousal Sponsorship Program offers two primary pathways, catering to the location of the sponsored spouse or partner:
Inland Sponsorship (Spouse or Common-Law Partner in Canada Class)
This pathway is designed for individuals whose spouse or common-law partner is already living with them in Canada. To be eligible, the sponsored person must hold valid temporary resident status in Canada or be exempt from needing this status under a specific public policy. A significant advantage of inland sponsorship is that the sponsored person may be eligible to apply for an open work permit, allowing them to live, work, and study in Canada while their permanent residence application is being processed.
Outland Sponsorship (Family Class)
The Outland Sponsorship pathway is for individuals whose spouse, common-law partner, or conjugal partner is living outside Canada. This stream is also utilized for sponsoring conjugal partners, who may reside either inside or outside Canada, and dependent children. Applications under the Family Class for conjugal partners and dependent children are typically processed outside Canada.
Eligibility Requirements for Sponsors
To be eligible to sponsor a spouse or partner, an individual must meet several key criteria:
- Age: The sponsor must be at least 18 years old.
- Status: The sponsor must be a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act, or a permanent resident of Canada.
- Residency: Sponsors must be living in Canada. If a Canadian citizen is living outside Canada, they must demonstrate a clear intention to live in Canada when their sponsored relative becomes a permanent resident. Permanent residents living outside Canada cannot sponsor.
- Financial Responsibility: The sponsor must be able to prove that they are not receiving social assistance for reasons other than a disability. They must also demonstrate their ability to provide for the basic needs of themselves, their spouse or partner, and any dependent children. Basic needs encompass food, clothing, shelter, other everyday living needs, and health needs not covered by public services.
- Minimum Necessary Income (MNI): In most spousal and dependent child sponsorships, there is no Minimum Necessary Income (MNI) requirement. However, the sponsor must meet the MNI if the spouse or partner being sponsored has their own dependent child, or if the dependent child being sponsored has their own dependent child. This income requirement is based on Statistics Canada’s annual Low-income Cut-Off (LICO).
- Undertaking: A sponsor must sign an undertaking, which is a legally binding promise to provide financial support for the basic needs of their spouse or partner and their dependent children. This undertaking period is typically three years from the day the sponsored spouse or partner becomes a permanent resident. This obligation remains in effect even if the sponsored person becomes a Canadian citizen, if the relationship breaks down, if either party moves to another province or country, or if the sponsor experiences financial difficulties. The sponsor is responsible for repaying any social assistance received by the sponsored person during the period of the undertaking.
Eligibility Requirements for Sponsored Persons
The individual being sponsored must also meet specific criteria to be eligible for permanent residence:
- Relationship Status: The sponsored person must be legally married to the sponsor or have been in a common-law relationship for at least 12 consecutive months. If married outside Canada, the marriage must be legally recognized both in the country where it took place and in Canada.
- Genuine Relationship: Proof of a genuine relationship is crucial. This can include a variety of evidence such as joint leases, shared financial documents, photographs from different stages of the relationship, and communication history.
- Admissibility: All sponsored persons must undergo and pass medical, criminal, and background checks to ensure they are admissible to Canada.
- Declaration of Family Members: All family members, including dependent children and dependent children of dependent children, must be declared on the permanent residence application, even if they do not intend to accompany the principal applicant to Canada. Failure to declare all family members can lead to serious issues, including application refusal and future inadmissibility.
Application Process:
The spousal sponsorship application process is comprehensive and requires meticulous attention to detail:
- Get Your Application Package: Obtain the correct application package from the IRCC website, which includes a checklist, forms, and detailed instructions tailored to who is being sponsored and their country of residence.
- Gather Documents: Collect all required forms and supporting documents listed on the checklist. This includes identity and civil status documents (e.g., birth certificates, marriage certificates, divorce decrees), passports, and any other evidence of the genuine nature of the relationship. Documents not in English or French must be accompanied by a certified translation and an affidavit from the translator. Police certificates are required for individuals 18 years or older who have spent 6 or more consecutive months in any country other than Canada since age 18.
- Complete Application Forms: Fill out all forms completely and accurately. The sponsor completes and digitally signs forms such as the Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344) and the Relationship Information and Sponsorship Evaluation Form (IMM 5532). The principal applicant (the person being sponsored) completes their digital forms online, including the Generic Application Form for Canada (IMM 0008).
- Pay the Fees: The required fees include a sponsorship fee, a principal applicant processing fee, and the Right of Permanent Residence Fee (RPRF). While the RPRF can be paid later, paying it upfront is recommended to avoid delays. Dependent children do not pay the RPRF. Fees are typically paid online. Most applicants will also need to pay a biometrics fee.
- Check Your Application: Before submission, thoroughly review the entire application package to ensure all forms are complete, accurate, and signed, and that no required documents are missing.
- Submit the Application: The complete application package, including all forms, supporting documents, and the fee receipt, is submitted to IRCC. The principal applicant electronically signs the entire application.
Conclusion
The Spousal Sponsorship Program is a testament to Canada's commitment to family reunification, providing a clear pathway for Canadian citizens and permanent residents to bring their loved ones to Canada. A successful application hinges on thorough preparation, complete and accurate documentation, and a clear demonstration of a genuine relationship and financial readiness. Understanding the specific requirements for both sponsors and sponsored persons, navigating the application process diligently, and proactively addressing potential challenges are key to a positive outcome. By adhering to these guidelines, families can successfully build their lives together in Canada.
Fleetwood Immigration is a private immigration consultancy. We are not a government agency or affiliated with Immigration, Refugees and Citizenship Canada (IRCC).
