What is Canada Spousal Sponsorship?

Canada is one of the most sought-after places for immigration among immigrants. The country offers immigration policies to cater to the various needs and demands of expats willing to migrate to the country, either temporarily or permanently. The country values and considers the importance of staying together with one's family. Therefore, Canada offers the Family Reunification Program to help immigrants reunite with their family members while staying in Canada.

The Canadian Family Reunification Program offers several visas to the immediate family members of Canadian citizens or Permanent Residents (PRs) to join their family in Canada. One such visa under the Family Reunification is Spousal Sponsorship, which allows Canadian citizenships or PR holders to sponsor their spouse or common-law partners to Canada. The sponsored person can then migrate, reside, study, and work in Canada. They can also apply for Permanent Residence if eligible.

According to the Immigration Levels Plan of 2024-2026, Canada plans to welcome 500,000 PRs every year. The country targets inviting around 60% of immigrants from skilled worker streams, followed by family-class immigrants and refugees. Under family-class immigrants, Canada seeks to invite around 80,000 immigrants comprising spouses, partners, children, and parents of Canadian PR holders and citizens.

 

Eligibility for Spousal Sponsorship

The Canadian Spousal Sponsorship Program has separate eligibility criteria for the sponsor as well as the person to be sponsored. The eligibility criteria for the sponsor and the beneficiary are discussed below.

• Are at least 18 years old
• Are a Permanent Resident or Citizen of Canada
• Have been a legal resident in Canada for at least 5 years
• Are not being financially assisted by the Canadian government except for disability
• Have enough financial resources to provide for the basic necessities of your spouse as well as yourself
• Can ensure the Canadian government that you would not require any government assistance for your spouse or yourself

 

Whom can you sponsor to Canada?

Under the Spousal Sponsorship program, you would be eligible to sponsor your:

• Spouse, if you are legally married
• Common-law Partner, if you have stayed together for a  minimum of 12 months in a conjugal relationship but are not married legally
• Conjugal partner, if you are neither married nor in a common-law relationship and your partner stays outside Canada

The above relations would be eligible for being sponsored if they meet the following eligibility criteria:

• They must be 18 years old or above
• They must have sufficient documents to prove their relationship with the sponsor

 

Obligations as a Sponsor

Canadian citizens or PR holders willing to be sponsors to their relatives must sign an undertaking assuring to provide financial support for the basic needs of your spouse or common-law partner, which include:

• Food, shelter, clothing, and their day-to-day requirements
• Eye care, dental care, and other healthcare needs that are not covered by public health services in Canada

As a sponsor, you have to ensure that your sponsored family member will not be asking for any financial or social assistance from the Canadian government. In case they appeal to the government for any kind of social or financial assistance, then you would have to pay the amount back they received. You would be ineligible to sponsor anyone else until the amount has been repaid. 

The undertaking signed by you will be effective even if:

• Your sponsored family member receives Citizenship in Canada
• Your relationship with the beneficiary has undergone a change
• You or the person you sponsored have migrated to another Canadian province or country
• You are facing financial or legal issues

 

Types of Canada Spousal Sponsorship Program

Canada offers two types of Spousal or Common-Law Sponsorship applications. They are:

• Inland Sponsorship

• Outland Sponsorship

Depending on the sponsored person’s place of residence at the time of application, you can apply for either of the spousal sponsorship applications.

 

Canada Inland Sponsorship

Sponsors can apply for Inland Sponsorship if the person to be sponsored is currently residing in Canada and has a temporary status. The sponsored person can continue to be in Canada while their application for spousal sponsorship is being processed. However, the sponsored person should have a valid temporary status, such as a student permit, temporary work permit, or visitor visa.

The benefits of applying for Inland Sponsorship are:

• Stay in Canada while your application is processed
• Get a work permit within 3-4 months of applying
• Work with a Bridging Open Work Permit (BOWP)  until your application is through
• Apply for Spousal Open Work Permit (SOWP) once your application is approved
• Receive approval within 12-13 months

Immigration, Refugees, and Citizenship Canada (IRCC) is taking steps to reduce the processing times for Inland Spousal Sponsorship applications, which will make the process more attractive for applicants.

 

Inland Canada Spousal Sponsorship Requirements

You would be eligible to be sponsored under the Inland Spousal Sponsorship if you:

• Are at least 18 years old
• Are currently residing in Canada
• Have a valid temporary resident status
• Have not received any spousal sponsorship within the last 5 years
• Have zero criminal records
• Are not bankrupt
• Can prove your relationship with the person sponsoring you
• Can prove that you would not need any assistance from the Canadian government
• Are not banned from Canada

The temporary status of the sponsored person should be valid until the spousal sponsorship application is processed. The person to be sponsored must apply for a new status document or an extension on their temporary resident permit if their status document will be expiring before the sponsorship application would be processed.

 

Canada Outland Sponsorship

Sponsors can apply for Outland Sponsorship if the person to be sponsored is currently residing outside Canada. Spouses or common-law partners of Canadian Citizens or PR holders residing abroad can be sponsored through this program. The sponsored person can then migrate and join their family member in Canada. They might also be eligible for an Open Work Permit and work anywhere in Canada.

The benefits of applying for Outland Spousal Sponsorship are:

• Faster processing times than inland applications
• Migrate and stay with your family in Canada
• Work anywhere in Canada with a Spousal Open Work Permit (SOWP)
• Access to healthcare and social security benefits
• Apply for PR and/or citizenship if eligible

 

Canada Outland Spousal Sponsorship Requirements

You would be eligible to be sponsored under the Outland Spousal Sponsorship if:

• You are aged above 18 years
• You're currently residing outside of Canada
• Your spouse or common-law partner is a Canadian citizen or a PR holder
• Your spouse or common-law partner is currently residing in Canada
• You have not received any spousal sponsorship within the last 5 years
• You have a clear background record 
• You can prove your relationship with the person sponsoring you
• You can prove that you would not need any assistance from the Canadian government
• You or your sponsor are not banned from Canada

Documents Required for Canada Spousal Sponsorship

The following are the documents required to apply for the Spousal Sponsorship application:

• Completed and signed Spousal Sponsorship application form
• A valid passport
• Recent passport-sized photographs of both applicants
• Documents to prove that the sponsor is a Canadian citizen or PR holder
• Documents to show that the sponsor has enough financial resources to support the person being sponsored as well as themselves
• Documents demonstrating the secondary applicant's nationality and  civil status
• Police clearance reports of the sponsor, as well as the person being sponsored
• Medical test reports of the person being sponsored
• Documents to prove the relations between the sponsor and the person being sponsored
• Background clearance reports of the person being sponsored
• Sponsorship Undertaking form

Canada Spousal Sponsorship Application Process

The Spousal sponsorship application can be made online via the official IRCC website along with the documents required. The sponsor must apply as the primary applicant on behalf of the dependents who are being sponsored to Canada. The person sponsored must be mentioned as the secondary applicant while applying for the Spousal Sponsorship Program.

 

Steps to Apply for Spousal Sponsorship

The application process for Canadian Spousal Sponsorship has been listed through the steps below:

Step 1: Choose the right sponsorship immigration 

Depending on the relationship you have with the person you are sponsoring, you can either apply under the Family Class or the Spouse or Common-Law Partner in Canada Class.

You must apply for the Family Class if:

• You are sponsoring your conjugal partner
• The person you are sponsoring lives outside of Canada
• Your sponsor is currently living with you in Canada but wants to leave the country when the application is processed
• Your previous sponsorship application was refused

You must apply under the Spouse or Common Law Partner in Canada class if:

• You are sponsoring your spouse or common-law partner

• The person you are sponsoring lives with you in Canada
• The person you are sponsoring qualifies for inland sponsorship

Step 2: Arrange the documents required

Gather and arrange all the documents according to the checklist provided. The documents should be provided in either English or French translation. Failing to provide the documents can lead to rejection of your application.

Step 3: Fill out the application form

As a primary applicant, you would be required to fill out the following forms online:

• Generic Application Form for Canada (IMM 0008)
• Schedule A – Background/Declaration (IMM 5669)
• Additional Family Information (IMM 5406)
• Supplementary Information - Your travels (IMM 5562), if applicable
• Application to Sponsor, Sponsorship Agreement and Undertaking
• Relationship Information and Sponsorship Evaluation Form

Step 4: Complete the fee payment

The table below has the breakdown of the total fees required to apply for Spousal Sponsorship:

Type of Fee	Amount to be paid (in CAD)
Sponsorship Fee	$85
Principal Applicant Processing Fee	$545
Permanent Residence Fee	$575
Total	$1205

Step 5: Submit your application

Once you have filled out the application and completed your fee payment, you must submit your application along with all the documents required. Your application will be sent for processing once it has been submitted.

 

Processing times of a Canada Spousal Sponsorship

Canada Spousal Sponsorship applications are generally processed in 8 to 12 months from the time the applicant submits them.

 

Canada Spousal Sponsorship Costs

The minimum financial requirement for Canadian Spousal Sponsorship is given in the table below:

 

Number of family members	Minimum Funds Required
1	CAD 13,757
2	CAD 17,127
3	CAD 21,055
4	CAD 25,564
5	CAD 28,994
6	CAD 32,700
7	CAD 36,407
>7	CAD 3,706 (each person)

 

Special Conditions for Canada Spousal Sponsorship

The Canadian government believes in reunifying families, even on foreign soil. The family sponsorship programs are designed to allow families to reunite in Canada. All programs under the Family Sponsorship in Canada have easy and lenient eligibility criteria so as to allow immigrants to join their family members in Canada. However, the IRCC might hold you inadmissible to Canada for certain special conditions. 

 

Medical Conditions

The Immigration Refugees, Citizenship Canada has laid down certain conditions under medical inadmissibility. These rules are applicable for anyone willing to migrate to Canada, either temporarily or permanently. Immigrants willing to come to Canada must provide complete medical test results, including lab test results, as recommended by the IRCC.

A person would be held inadmissible to Canada under medical grounds if they could be:

• A potential danger to the Canadian public health: You may be held inadmissible if your medical test results demonstrate that you have contracted an infectious disease and your disease can be a threat to the common public in Canada.
• A potential danger to Canadian public safety: You may be held inadmissible to Canada if you are diagnosed with certain medical conditions that may pose a safety threat to the Canadian public.
• Cause an excessive demand for social or health services: You may be held inadmissible to Canada if your health condition demands excessive social or healthcare services in Canada. According to the Canadian Excessive Demand Cost Threshold 2024, you would be ineligible to migrate to Canada if your health condition requires more than CAD 26,200 annually or CAD 131,100 over 5 years.

 

Criminal Records

The IRCC will bar you from entering or sponsoring anyone in Canada if you have committed one or more than one crime mentioned below:

• Theft
• Dangerous driving
• A crime that has caused physical harm to any individual
• War crimes
• Crimes against humanity
• Human rights violation

However, you may be allowed to enter or sponsor someone in Canada if you:

• Assure an immigration officer that you comply with the legal terms and conditions
• Have applied for rehabilitation and were approved
• Were issued a record suspension or
• Hold a temporary resident permit

 

Language Proficiency

Language proficiency is not a mandatory criterion under the Canadian Spousal Sponsorship program. The person being sponsored is required to demonstrate their proficiency in English or French. A basic ability to speak and comprehend any one of the two main languages used in Canada can be beneficial for day-to-day communication. However, language proficiency is mandatory when applying for Canada PR or citizenship later.

 

Common Challenges and Solutions

Spousal Sponsorship applicants might face certain challenges while migrating to Canada. Understanding these challenges and being careful when applying can ensure a successful spousal sponsorship application.

 

Application Refusal

Certain mistakes in your sponsorship application form may lead to the refusal of your spousal sponsorship application. Here are the top 5 reasons why your application might be rejected:

1. Insufficient Proof of Relationship: It is crucial to provide sufficient and verifiable proof of your relationship while applying for Canadian Spousal Sponsorship. As the program is completely reliant on the relationship between the sponsor and the person to be sponsored, applicants must prove their relationship while applying. IRCC takes strict steps if it is found that the relationship between the applicants is false or is a marriage of convenience.
2. Not meeting Income Requirements: Canadian citizens or PR holders willing to sponsor their spouses to Canada must demonstrate sufficient financial resources to be able to support themselves and their dependents in Canada. The amount of funds considered to be sufficient depends on the number of family members. The primary applicant or the sponsor must provide relevant documents to show that they have the amount required.
3. Medical or Criminal Inadmissibility: Canada has certain inadmissibility rules that bar immigrants from entering into Canada. The inadmissibility rules are applicable to every immigrant planning to migrate to Canada, irrespective of the immigration pathway chosen. Your application may be refused if you or your spouse is found inadmissible on medical or criminal grounds.
4. Ineligibility of the sponsor: The sponsor must meet the eligible requirements to sponsor their spouse under the spousal sponsorship application. You would be ineligible to sponsor your spouse if you:
   • are less than 18 years of age
   • have not received your PR visa yet
   • migrated to Canada as a sponsored person
   • are financially dependent on another person or the Canadian government
   • are financially responsible for a previous spouse or partner who you have sponsored
   • Did not pay back an immigration loan, a performance bond, or the amount taken by your previous spouse for whom you were financially responsible
5. Providing incomplete documents: Spousal sponsorship applicants must provide complete and genuine documents along with the completed application form. Providing incomplete documents can cause unnecessary delays in processing time and might lead to the rejection of your application.

 

Appealing a Refusal

A spousal sponsorship appeal refers to the process of requesting an application to be accepted, which the IRCC previously rejected on certain grounds. Spousal sponsorship applications made under the Outland Sponsorship Stream can be appealed before the Immigration Appeal Division (IAD). However, you must appeal to the IAD only if your refusal was because of an error on the part of IRCC. If the application was refused because of a mistake on your part, then it is advised to submit a new spousal sponsorship application.

 

Who can appeal?

Canadian citizens or PR holders who applied to sponsor their spouse, common-law partner, or conjugal partner to Canada could appeal to the Immigration Appeal Division (IAD) if IRCC refuses the visa application.

 

Who cannot appeal?

You would be ineligible for a sponsorship appeal if the person to be sponsored is:

• Found inadmissible due to medical or criminal grounds
• Convicted of a punishable crime with a six-month prison period in Canada
• Convicted of a punishable crime outside Canada
• Convicted of human rights violation
• Involved in an organized crime
• A threat to Canadian society

 

Steps for Appealing a Refused Spousal Sponsorship Application

The following are the steps to appeal for a refused Spousal Sponsorship Application:

Step 1: Submit the Notice of Appeal form to the IRCC

Step 2: Gather evidence and prepare your case

Step 3: Schedule an oral hearing with the IAD

Step 4: Gather a list of witnesses to testify for your case

Step 5: Attend the hearing at the scheduled dress

Step 6: Wait for the decision

The IAD will inform you of their verdict within 60 days of your hearing.

 

Life in Canada for Sponsored Spouses

A successful Spousal Sponsorship application will allow the sponsored person to migrate to Canada and reunite with their family members. Canada offers several benefits to sponsored spouses, common-law partners, or conjugal partners.

The following are the benefits extended to people who are sponsored in Canada:

• Migrate, work, and study in Canada
• Avail government-funded healthcare services
• Apply for Canada PR and citizenship
• Get Canada Pension Plan benefits
• Access to Social Security benefits
• Free education for children under 18 years
• Guaranteed Income supplement
• Get a subsidized rate for a university education

 

Work Opportunities for Spouses sponsored by Canadian Residents

Spouses sponsored by Canadian citizens or Canada PR holders can apply for Spousal Open Work Permit in Canada. The Spousal Open Work Permit allows sponsored spouses to take up employment anywhere in Canada and for any Canadian employer.

The table below has the details of other requirements for SOWP based on the status of your spouse in Canada:

Category	Principal applicant's occupational skill level requirement	Minimum work permit length
Spouses or common-law partners of Atlantic Immigration Program (AIP) work permit holders	TEER 0, 1, 2 or 3	6 months
Spouses or common-law partners of Quebec selection certificate (CSQ) holders	Any occupational skill level	6 months
Spouses or common-law partners of provincial nominees	Any occupational skill level	6 months
Spouses or common-law partners of bridging open work permit (BOWP) holders	Varies depending on the program the principal applicant applies under	6 months
Spouses or common-law partners of open work permit holders other than BOWP (incl. PGWP, IEC)	TEER 0, 1, 2 or 3	-

 

Healthcare Benefits

New immigrants who migrate to Canada on spousal sponsorship are eligible to access medical insurance and other healthcare benefits offered by the Canadian government. Newly sponsored immigrants are advised to apply for health insurance in Canada, as there is a three-month wait period before they get access. Each Canadian province offers separate healthcare benefits, which are funded by the provincial and territorial governments. Healthcare in Canada is primarily funded by these governments.

 

How can Y-Axis help you?

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