SPOUSAL / COMMON-LAW PARTNER SPONSORSHIP

If you’re a Canadian citizen, Permanent Resident of Canada or a person registered in Canada as an Indian under the Canadian Indian Actyou may be able to sponsor a spouse or common-law partner to immigrate to Canada. The current processing time is 12 months, which means the IRCC is processing 80% of the applications within 12 months for both in-Canada and outside-of-Canada cases.

 

Eligible Relationships

SPOUSE

A spouse is a person who must be legally married to a sponsor. The marriage should be valid both under the laws of the country where it took place and under Canadian law. A married couple’s relationship must be genuine and continuing. In case sponsor was previously married and obtained divorce, it must be valid both in the country where it was obtained and be recognized in Canada. Country-specific regulations may apply. 

Your spouse can be either sex and must be:

  • legally married to you

  • at least 18 years old

COMMON-LAW PARTNER

A common-law partner is someone with whom a sponsor has cohabited in a marriage-like relationship without any long periods apart for at least 12 consecutive months. Both sponsor and applicant will need to provide proof that they have been living together for at least 12 months. 

Your common-law partner can be either sex and:

  • isn’t legally married to you​

  • is at least 18 years old

CONJUGAL PARTNER

A conjugal partner is in a marriage-like relationship with the sponsor for at least one year. It is important to note that this is a specific category of applicants who otherwise do not qualify to immigrate as spouses or common-law partners because of a certain impediment to a marriage or residency together. However, the lack of cohabitation is usually the result of an immigration impediment. 

Your conjugal partner can be either sex and:

  • isn’t legally married to you or in a common-law relationship with you

  • is at least 18 years old

  • lives outside Canada

 

Requirements as a Sponsor

TO BE ELIGIBLE AS A SPONSOR YOU MUST

  • a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident, 

  • at least 18 years old 

  • living in Canada: 

  • if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident. 

  • you can’t sponsor someone if you’re a permanent resident living outside of Canada. 

You must also be able to show that you can provide basic needs for: 

  • yourself, 

  • your spouse or partner, 

  • your spouse or partner’s dependent child(ren) (if applicable) 

  • your dependent child(ren) (if you’re sponsoring only your dependent child). 

INCOME REQUIREMENTS

​In most cases, there is no low-income-cut-off (LICO) for a spouse, partner or dependent child sponsorships. However, if either a spouse or partner you’re sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian government each year. 

WHO CAN'T SPONSOR THEIR SPOUSE OR PARTNER

  • signed an undertaking for a previous spouse or partner, and it hasn’t been three years since they became a permanent resident, 

  • receive social assistance for a reason other than disability, 

  • previously sponsored someone and did not pay back any social assistance they received while the undertaking was in place. 

  • are in default on an immigration loan or a performance bond 

  • did not pay court-ordered alimony or child support 

  • have declared bankruptcy which has not been discharged 

  • were convicted of 

    • an offence of a sexual nature, 

    • a violent crime, 

    • an offence against a relative that caused bodily harm or 

    • threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon 

  • were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago, 

  • are under a removal order, 

  • are in a penitentiary, jail, reformatory or prison, 

  • have already applied to sponsor your current spouse or partner and haven’t received a decision. 

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Call us today at 1-844-727-8326 for an assessment to see if you are eligible to come to Canada, or complete our online assessment form.