Canadian citizens or permanent residents who meet certain conditions can sponsor their spouse, common-law or conjugal partner to become permanent residents of Canada.
Who Is Eligible To Sponsor Their Spouse, Common-Law or Conjugal Partner?
Sponsors must:
- Be at least 18 years old.
- Be a Canadian citizen, permanent resident, or a person registered in Canada as an Indian under the Canadian Indian Act.
- Canadian citizens living outside Canada must show they plan to live in Canada when the sponsored person(s) become permanent residents.
- Permanent residents living outside Canada cannot be sponsors.
- Be able to prove they are not receiving social assistance for reasons other than a disability.
- Be able to provide for the basic needs of those being sponsored.
To sponsor a spouse, common-law or conjugal partner, the sponsor must be financially responsible for the sponsored person(s) for at least 3 years from when they become permanent residents.
This includes providing financial support and repaying any social assistance received by the sponsored person(s) in that time.
The sponsor and the sponsored person(s) must also undertake a sponsorship agreement meaning:
- The sponsor will provide for the basic need of the sponsored person(s).
- The sponsored person(s) will try to support themselves and any family members.
Income Requirement
In most cases, there is no income requirement to sponsor a spouse, common-law or conjugal partner.
Sponsors only need to show they meet income requirements if sponsoring a spouse or partner that has a dependent child, and their dependent child has 1 or more children of their own.
Who Can Be Sponsored?
The person being sponsored and their family members must pass background, security and medical checks.
Spouse
A spouse can be either sex and must be:
- Legally married to the sponsor.
- At least 18 years old.
Common-Law Partner
A common-law partner can be either sex and must:
- Be not legally married to the sponsor.
- Be at least 18 years old.
- Have been living with the sponsor for at least 12 consecutive months in a conjugal relationship without any long periods apart.
Proof of a common-law relationship includes:
- Shared ownership of residential property.
- Joint leases or rental agreements.
- Bills for shared utility accounts.
- Important documents showing the same address, such as driver’s licenses or insurance policies.
- Identification documents.
Conjugal Partner
A conjugal partner can be either sex and must:
- Be not legally married or in a common-law relationship with the sponsor.
- Be at least 18 years old.
- Have been in a relationship with the sponsor for at least 1 year.
- Live outside Canada.
- Be not able to live with the sponsor in their country of residence or marry the sponsor because of significant legal and immigration reasons, such as marital status, sexual orientation or persecution.
Choosing The Class of Application
- To sponsor a conjugal partner, submit an application under the Family Class. These applications are processed outside Canada.
- To sponsor a spouse or common-law partner, the application can be submitted under the Family Class or the Spouse or Common-Law Partner in Canada Class.
When To Apply Under The Family Class
- If the person being sponsored lives outside Canada.
- If the person being sponsored currently lives with the sponsor in Canada but doesn’t plan to stay in Canada while the application is being processed.
- If the person being sponsored is the conjugal partner of the sponsor.
When To Apply Under The Spouse or Common-Law Partner in Canada Class
- If the spouse or common-law partner lives with you in Canada.
- If the spouse or common-law partner valid immigration status in Canada.
- If the spouse or common-law partner would like to apply for, and qualifies for, an Open Work Permit so that they can work while the application is being processed.