Family sponsorship
Spousal Sponsorship Canada: Requirements, Evidence & RCIC Assistance
Spousal sponsorship allows a Canadian citizen or permanent resident to sponsor their spouse, common-law partner or conjugal partner for permanent residence. There is generally no income requirement — but there is an evidentiary one, and it is where these applications are won and lost.
The officer has to be satisfied of two things: that the relationship is genuine, and that it was not entered into primarily to acquire status. Everything in the file exists to answer those two questions.
- Reviewed by Harshmeet Pal Singh, RCIC · CICC R708583
- Last reviewed: 2026-09-19
The 30-second answer
Who can sponsor a spouse to Canada?
A Canadian citizen or permanent resident who is at least 18, who will live in Canada when the sponsored person becomes a permanent resident, and who is not barred from sponsoring. Common bars include being in default of a previous undertaking or immigration loan, receiving social assistance other than for disability, being in prison, having been sponsored as a spouse within the previous five years, and certain criminal convictions. There is generally no minimum income requirement, but the sponsor signs a binding undertaking to support the sponsored person.
On this page
- Spouse, common-law or conjugal partner
- Sponsor eligibility
- Inland vs outland
- Open work permits
- Relationship evidence
- Required documents
- The application process
- Processing times
- Government fees
- Why applications are refused
- How 5AB Immigration helps
- Case example
- Frequently asked questions
- Official sources
Spouse, common-law or conjugal partner
Canada recognises three relationship categories, and they are proven in different ways. Choosing the wrong one is a common and expensive error.
| Category | Definition | What has to be proven |
|---|---|---|
| Spouse | Legally married, with the marriage valid both where it took place and under Canadian law. | A valid marriage, plus that the relationship is genuine and not primarily for immigration purposes. |
| Common-law partner | Living together in a conjugal relationship for at least twelve continuous months. | The twelve months of cohabitation, continuously — this is documentary and it is where most common-law applications struggle. |
| Conjugal partner | A committed relationship where the couple has been unable to live together or marry because of a significant barrier. | Both the relationship and the barrier. This is a narrow category and is not a fallback for couples who simply have not yet lived together. |
A marriage where one or both parties were not physically present is generally not recognised for immigration purposes. If your marriage was conducted this way, take advice before applying — the application may need to be built on a different basis entirely.
Sponsor eligibility
Assess the sponsor first. It is the cheapest step and it occasionally ends the conversation, which is better learned now than in eight months.
- Canadian citizen or permanent resident, at least 18 years old
- Will live in Canada when the sponsored person becomes a permanent resident — a citizen living abroad may apply if they show they will return
- Not in default of a previous sponsorship undertaking or an immigration loan
- Not receiving social assistance, other than for a disability
- Not in prison, and not subject to a removal order
- Not sponsored as a spouse or partner themselves within the previous five years
- Not convicted of certain offences, including offences against a family member
- Not previously found to have misrepresented in an immigration matter within the applicable bar period
The undertaking. A sponsor signs an undertaking to provide for the sponsored person's basic needs for a set period — three years for a spouse or partner. It survives the relationship. If the couple separates or divorces the day after landing, the undertaking still binds the sponsor, and any social assistance the sponsored person receives during that period becomes a debt the sponsor owes.
Inland vs outland
This is the most consequential decision in a spousal sponsorship, and it is often made for the wrong reason — speed, which is not the main difference.
| Inland (in-Canada class) | Outland (family class) | |
|---|---|---|
| Where the applicant is | Living in Canada with the sponsor, normally with valid temporary status | Inside or outside Canada; processed by a visa office |
| Open work permit | Usually available while the application is processed | Not available through this route |
| If refused | No appeal to the Immigration Appeal Division — judicial review only | Right of appeal to the Immigration Appeal Division |
| Travel during processing | Leaving Canada carries risk; re-entry is not guaranteed and can disrupt the application | No such constraint |
| Requirement to maintain status | Yes — status must be maintained or restored throughout | Not applicable where the applicant is outside Canada |
RCIC Insight
Couples choose inland for the work permit and rarely think about the appeal right they are giving up. Where a relationship is straightforward and well documented, that trade is often sensible. Where there is anything an officer might question — a short relationship, a large age gap, a previous sponsorship, thin cohabitation evidence — the appeal right is the more valuable asset, because the Immigration Appeal Division is a genuine second look at the merits. Judicial review is not.
Harshmeet Pal Singh, RCIC · CICC licence R708583
Open work permits
A sponsored spouse or partner applying under the in-Canada class can usually apply for an open work permit alongside the sponsorship application, allowing them to work while it is processed. Apply for it at the same time as the sponsorship — submitting it later wastes months.
This is a different thing from the general spousal open work permit available to the families of some students and workers. Eligibility for spousal and family open work permits has been narrowed. Availability now depends on the principal applicant's status, occupation and program, so it must be assessed case by case. See work permits.
Relationship evidence
Officers assess two things: whether the relationship is genuine, and whether it was entered into primarily to acquire an immigration status. A relationship can be real and still be refused if the file does not show it.
The instinct is to send more. The better instinct is to send evidence that is continuous and corroborated by other people. Two hundred screenshots from the last three months prove less than a modest, consistent record spanning the whole relationship.
What tends to persuade
- Joint tenancy agreements, mortgage documents, or official mail for both parties at the same address over time
- Joint bank accounts, shared bills, insurance policies and beneficiary designations naming each other
- Communication spanning the relationship from beginning to present, sampled rather than dumped
- Photographs across different occasions, in different places, with family and friends present
- Evidence both families know of and accept the relationship — invitations, ceremony records, messages with relatives
- Travel records, boarding passes and passport stamps showing visits
- Statutory declarations from people who know the couple, giving specific facts rather than general praise
- A relationship narrative from each partner, written separately and consistent with each other and with the documents
What tends not to
- Hundreds of near-identical photographs of the couple alone
- Chat logs covering only the weeks before filing
- Letters of support that say the couple is happy but state no facts
- Evidence that begins abruptly at the point the immigration plan began
Required documents
Sponsor
- Proof of Canadian citizenship or permanent residence
- Sponsorship forms and the signed undertaking
- Evidence of residence in Canada, or of intention to return if a citizen abroad
- Where applicable, evidence of any previous sponsorship and its status
Sponsored person
- Passport and identity documents
- Marriage certificate, or evidence of twelve months' cohabitation for common-law
- Divorce or death certificates ending any previous marriage, for both parties
- Police certificates from every country of residence for the required period
- Immigration medical examination
- Details of all family members, whether or not they are accompanying
- Canadian status documents, for inland applications
A family member who is not declared and not examined can be permanently barred from being sponsored by that person later. This catches people with a child from a previous relationship who is not immigrating now — and it is generally not fixable afterwards.
The application process
- Assess the sponsor Before anything else, and before any money is spent.
- Confirm the relationship category Spouse, common-law or conjugal — and what each requires you to prove.
- Choose inland or outland On the basis of the appeal right and the work permit, not on rumours about speed.
- Gather relationship evidence Usually the longest phase. Organise it chronologically, not by type.
- Complete forms for both parties Consistency across the two sets of forms is checked, and inconsistencies are noticed.
- Obtain police certificates and medicals Start early; foreign police certificates are frequently the bottleneck.
- Submit, with the open work permit application if inland Together, not sequentially.
- Maintain status throughout, if inland Extend or restore before status lapses.
- Respond to requests, and prepare for an interview if one is called An interview is not a sign of failure, but it should be prepared for properly.
Free, no obligation
Not sure whether to apply inland or outland?
Tell us about your relationship and your circumstances in Canada, and we will set out what each route would mean for you.
Get My Free Canada Immigration RoadmapProcessing times
Commonly around a year, and longer where evidence or admissibility issues arise. IRCC publishes live processing times that change frequently and vary by country of residence and application type. Use the official processing-times tool for a current estimate for your own situation.
Check current IRCC processing times
Government fees
| Fee | Amount |
|---|---|
| Sponsor a spouse or partner Includes the sponsorship fee, the processing fee and the right of permanent residence fee | CAD $1,260 |
| Sponsor a dependent child, each | CAD $180 |
| Open work permit holder fee, inland | CAD $100 |
| Biometrics, per person | CAD $85 |
Why spousal sponsorship applications are refused
The relationship is not accepted as genuine
The central refusal ground. Contributing factors typically include a short courtship, a large difference in age or background that is never addressed, previous immigration history suggesting an objective other than the relationship, contradictory accounts of how the couple met, and evidence that starts only when the application was contemplated.
Common-law cohabitation not established
Twelve continuous months of living together must be documented, not asserted. Couples who lived together informally, without a joint lease or shared official mail, routinely find they cannot prove the period even though it happened.
The sponsor is not eligible
A default on a previous undertaking, a prior sponsorship within five years, or social assistance. Discovered at the assessment stage, this is a redirection. Discovered after filing, it is a wasted year.
Status lost during an inland application
A pending sponsorship does not grant status. Where temporary status lapses and is not restored within the permitted window, the applicant is out of status with all that follows. See restoration of status.
An undeclared family member
A child or spouse not declared and not examined. The consequence is a lasting bar on sponsoring that person later, and it is generally not curable.
Inconsistencies between the two parties' accounts
Dates of meeting, dates of cohabitation, previous marriages, addresses. Officers compare the forms. Small discrepancies that are never explained accumulate into a credibility finding.
How 5AB Immigration helps
- Sponsor eligibility assessed first. Including undertakings, previous sponsorships and anything that could operate as a bar — before any fee is paid.
- The right relationship category identified. And, where common-law is claimed, an honest view of whether the twelve months can actually be documented.
- Inland versus outland decided deliberately. Weighing the open work permit against the appeal right, against the specific risk profile of your relationship.
- Relationship evidence organised as a narrative. Chronological, corroborated and consistent, with the gaps identified and explained rather than left for an officer to notice.
- Forms cross-checked between both parties. So inconsistencies are found by us rather than raised as credibility concerns.
- Status monitored throughout an inland application. Extensions filed before deadlines rather than after them.
- Interview preparation where one is called. Understanding what is being tested, and preparing honestly for it.
Case example
Anonymised scenario
A common-law couple who could not document their twelve months
- Situation
- A permanent resident and their partner had lived together in Canada for around eighteen months. The lease was in one partner's name only, bills were paid by e-transfer between them, and neither had updated their address on official records.
- The issue
- The cohabitation was real but nearly invisible on paper. A common-law application requires twelve continuous months of cohabitation to be established, and the available documents did not clearly show even the start date.
- Factors requiring analysis
- What documentary record exists from the start of cohabitation — landlord records, employer or bank address histories, health card or licence changes, parcel deliveries, insurance; whether third parties can attest to specific dates and facts rather than general impressions; the partner's current status in Canada and how long it runs; and whether marrying and applying as spouses would be a more direct route than trying to reconstruct the cohabitation record.
- Documentation that may matter
- A letter from the landlord confirming both occupants and the dates; address histories from banks, employers and insurers; the e-transfer record presented as a continuous pattern of shared household expenses rather than isolated payments; statutory declarations from friends and family giving dates and specifics; and a written relationship narrative from each partner.
- Possible approach
- Test whether the twelve months can be proven before committing to the common-law category, because if it cannot the application fails on a threshold point regardless of how genuine the relationship is. Where the record cannot be rebuilt, marriage followed by a spousal application is often the cleaner route — a decision for the couple to make, with the evidentiary position explained plainly.
Details are changed and circumstances combined to protect client confidentiality. This illustrates how a file is analysed. It is not a prediction, and no outcome is implied or guaranteed for any other application.
Frequently asked questions
What is the difference between inland and outland spousal sponsorship?
Inland means the in-Canada class, where the sponsored person lives in Canada with the sponsor and normally holds valid temporary status. Outland means the family class, processed by a visa office, available whether the applicant is inside or outside Canada.
The two differences that matter most: inland applicants can usually get an open work permit while waiting, and outland applications carry a right of appeal to the Immigration Appeal Division if refused. Inland refusals do not — only judicial review. See the comparison table above.
Can my spouse get an open work permit in Canada?
In a spousal sponsorship, a sponsored spouse or partner applying under the in-Canada class can usually apply for an open work permit alongside the sponsorship application. Apply for both at the same time — filing the work permit later simply loses months.
That is separate from the general spousal open work permit available to families of some students and workers, where eligibility has narrowed and now depends on the principal applicant's status, occupation and program.
Do I need to be married to sponsor my partner?
No. Canada recognises spouses (legally married), common-law partners (twelve continuous months of cohabitation in a conjugal relationship) and conjugal partners (a committed relationship prevented from cohabiting or marrying by a significant barrier).
Each is proven differently. Conjugal partner in particular is a narrow category and is not a fallback for couples who simply have not lived together yet.
What evidence proves a genuine relationship?
Evidence that two lives are actually combined, across time: shared address and finances, communication spanning the whole relationship, photographs on different occasions with other people present, evidence both families know about the relationship, and travel records.
Continuity matters more than volume. A modest record covering the entire relationship is more persuasive than a large recent one. See relationship evidence above.
What financial requirement applies?
There is generally no minimum income requirement for sponsoring a spouse, partner or dependent child — unlike sponsorship of parents and grandparents, where income is central.
The sponsor does sign an undertaking to provide for the sponsored person's basic needs for three years. It remains binding even if the relationship ends, and social assistance received during that period becomes a debt owed by the sponsor.
Can my spouse stay in Canada while the application is processed?
Only by maintaining valid temporary status, or restoring it within the permitted window if it lapses. A pending sponsorship application does not by itself grant status or the right to work.
This is one of the most common serious errors in inland applications. Diarise the expiry date and file the extension well before it.
Can my spouse travel while the application is processed?
For an outland application, travel is generally not a problem.
For an inland application it carries real risk: re-entry to Canada is not guaranteed, and being outside Canada can disrupt an application made under the in-Canada class. If travel is unavoidable, take advice on it first rather than afterwards.
What happens if we separate during processing?
The application cannot proceed, because the relationship is the basis of it, and both parties have an obligation to inform IRCC of a material change.
Continuing an application after a relationship has ended risks a misrepresentation finding with consequences lasting years. If circumstances change, get advice promptly — the sponsor's undertaking also continues to apply if permanent residence has already been granted.
Official sources & further reading
- IRCC — Sponsor your spouse, partner or children
- IRCC — Family sponsorship
- IRCC — Extend your stay and restore your status
- IRCC — Fee list
- CICC — Find an immigration consultant
Program requirements, fees and processing times are set by the Government of Canada and change without notice. Where this page summarises a requirement, the official source above governs. This page is general information, not individualised advice.
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