Spousal Sponsorships
Canada
Spousal Sponsorship Applications: Bringing Your Partner to Canada
Canadian immigration law allows Canadian citizens, permanent residents, and Status Indians to sponsor their spouse or partner for permanent residence in Canada under the family class immigration program. Spousal sponsorship is one of the most common pathways for family reunification under the Immigration and Refugee Protection Act, but the process can be complex and requires careful preparation.
At Mamann Sandaluk LLP, our experienced team regularly assists individuals and families with spousal sponsorship applications, ensuring that applications are complete, persuasive, and compliant with Canadian immigration law.
Who Can Sponsor a Spouse or Partner for Permanent Residence?
To sponsor your spouse or partner for permanent residence in Canada, you must:
- Be at least 18 years old
- Be a Canadian citizen, permanent resident, or a Status Indian registered under the Indian Act
- Be residing in Canada, unless you are a Canadian citizen who can demonstrate an intention to return to Canada once the sponsorship application is approved
Sponsors must also not be subject to a sponsorship bar. For example, you may not be eligible to sponsor if you:
- Are currently incarcerated
- Have an undischarged bankruptcy
- Are receiving social assistance for reasons other than disability
- Are subject to certain previous sponsorship undertakings or immigration violations
Spouse or Common-Law Partner in Canada Class
If you and your partner are living together in Canada, you may be eligible to apply under the Spouse or Common-Law Partner in Canada Class. In these applications, cohabitation in Canada is required at the time the application is submitted and throughout the processing period.
This pathway may also allow the sponsored partner to apply for an open work permit, enabling them to work in Canada while the permanent residence application is being processed.
Proving a Genuine Relationship
One of the most important elements of a spousal sponsorship application is demonstrating that the relationship is genuine, or “bona fide” and not entered into primarily for the purpose of obtaining “status or privilege under the Act.”
Immigration officers will assess whether the relationship reflects a real commitment to a shared life together. Strong documentary evidence is essential.
Examples of supporting documents include:
- Joint leases or property ownership documents
- Photographs of the couple together over time, including with family and friends
- Evidence of financial interdependence, such as joint bank accounts or shared expenses
- Communication records, including chat histories, emails, or phone records
- Statutory declarations or letters from friends and family confirming their knowledge of the relationship
- Travel records, shared insurance policies, or other evidence of a shared life
Each relationship is unique, and presenting the evidence clearly and persuasively can significantly affect the outcome of an application.
Interviews and Procedural Fairness Letters
After reviewing an application, an immigration officer may request additional information. This may occur in one of two ways:
- An interview with one or both partners at a Canadian immigration office
- A procedural fairness letter, requesting written responses and additional documentation
Responding properly to these requests is critical, as they often indicate that the officer has concerns about the genuineness of the relationship.
The Importance of a Complete and Accurate Application
Spousal sponsorship applications must be complete, consistent, and carefully prepared. Incomplete applications may be returned without processing, and mistakes can lead to significant delays.
More serious errors may result in findings of misrepresentation, which can make a person inadmissible to Canada and lead to a multi-year ban from entering the country.
Experienced legal guidance can help reduce these risks and improve the likelihood of a successful outcome.
Speak With a Canadian Immigration Lawyer
Spousal sponsorship applications can be straightforward in some cases and highly complex in others. Issues such as relationship genuineness, prior refusals, criminal inadmissibility, or immigration history can significantly affect the outcome of an application.
The immigration lawyers at Mamann Sandaluk LLP have extensive experience representing couples in spousal sponsorship, common-law sponsorship, conjugal partner applications, appeals, and judicial reviews.
If you are planning to sponsor your spouse or partner for permanent residence in Canada, contact Mamann Sandaluk LLP today to schedule a consultation with an experienced Canadian immigration lawyer. Our team can help you prepare a strong application and guide you through every step of the process.
Frequently asked questions about Spousal or
Common-law Sponsorships
Yes. Dependent children may be included in the application for permanent residence. In many cases, a sponsor may bring both their partner and their partner’s dependent children to Canada as part of the same application.
Yes, you can advise of your request to withdraw any application that is in process. However, be careful before doing so. Consult with a professional before withdrawing an application to ensure that you are not jeopardizing any future available options
There are advantages and disadvantages to both inland (Spouse or Common-Law Partner in Canada Class) and overseas family class sponsorship applications. Factors such as travel needs, work eligibility, and appeal rights may affect which option is best.
Because this choice can significantly affect the processing of your case—and may be difficult to change once the application is filed—it is advisable to seek legal advice before proceeding.
In many cases, the refusal of a family class sponsorship filed outside Canada can be appealed to the Immigration Appeal Division.
However, inland spousal sponsorship applications cannot be appealed. If an inland application is refused, the only legal remedy is typically an application for judicial review in the Federal Court of Canada.
If you apply under the Spouse or Common-Law Partner in Canada Class, you may be eligible to apply for an open work permit while your permanent residence application is being processed. This allows many applicants to live and work in Canada during processing.
Yes. Dependent children may be included in the application for permanent residence. In many cases, a sponsor may bring both their partner and their partner’s dependent children to Canada as part of the same application.
Yes, you can advise of your request to withdraw any application that is in process. However, be careful before doing so. Consult with a professional before withdrawing an application to ensure that you are not jeopardizing any future available options
There are advantages and disadvantages to both inland (Spouse or Common-Law Partner in Canada Class) and overseas family class sponsorship applications. Factors such as travel needs, work eligibility, and appeal rights may affect which option is best.
Because this choice can significantly affect the processing of your case—and may be difficult to change once the application is filed—it is advisable to seek legal advice before proceeding.
In many cases, the refusal of a family class sponsorship filed outside Canada can be appealed to the Immigration Appeal Division.
However, inland spousal sponsorship applications cannot be appealed. If an inland application is refused, the only legal remedy is typically an application for judicial review in the Federal Court of Canada.
If you apply under the Spouse or Common-Law Partner in Canada Class, you may be eligible to apply for an open work permit while your permanent residence application is being processed. This allows many applicants to live and work in Canada during processing.
