Canadian spousal sponsorship: Help With Legal Hurdles!

Spousal sponsorship is one of the ways for foreign nationals or immigrants living inside or outside Canada to become permanent residents. The Immigration and Refugee Protection Act (IRPA) and its supporting Immigration and Refugee Protection Regulations (“Regulations”) are the governing laws regarding immigration and refugees in Canada.  

Spousal sponsorship is one of the ways of selecting permanent residents under the method of Family Reunification (Section 12(1)). There are other relationships as basis for a sponsorship under Family Reunification such as parent-child or sibling relationship. 

What is the required eligibility in a spousal sponsorship in Canada? 

Both the sponsoring spouse and the sponsored spouse are imposed with eligibilities under Canadian immigration laws before the former may sponsor the latter, and before the latter can come to the country and apply for permanent residency.  

Before proceeding with Canadian spousal sponsorship, spouses or couples must be familiar with these requirements and eligibilities. It can be very beneficial to have an immigration lawyer near you, so if you’re in Ontario you should choose an immigration lawyer in Ontario near you. See the dropdown menu on that page for more provincial options.  

The general eligibilities are: 

Eligibilities on the Sponsoring Spouse / Sponsors (Division 3, Part 7, Regulations) 

To sponsor a spouse to come to Canada (Section 130 (1), Regulations), a sponsoring spouse must be: 

• 18 years old and above; 
• a citizen of Canada; or a permanent resident of Canada; and 
• living in Canada at the time of the spousal sponsorship. 

When the sponsoring spouse is a Canadian citizen but is currently not residing in Canada, they must show that they plan to live or transfer back to Canada when the sponsored spouse becomes a permanent resident in the country (Section 130 (2), Regulations). 

What is a sponsorship undertaking and its duration? 

Certain financial conditions are imposed on the sponsoring spouse or sponsor which are written in a sponsorship undertaking (Section 132, Regulations). Generally, a sponsorship undertaking lasts for 3 years after the sponsored spouse becomes a Canadian citizen or a permanent resident. 

In a sponsorship undertaking, the sponsoring spouse must prove that they can provide for the basic needs of the sponsored spouse once they are in Canada. They must also agree to repay any provincial social assistance that the sponsored spouse may avail themselves of during the term of the undertaking. 

A sponsoring spouse cannot sponsor another spouse, other than the previously sponsored spouse, in less than 5 years after the latter becomes a Canadian citizen or a permanent resident (Section 130 (3), Regulations). As such, the sponsor is financially responsible for their previously sponsored spouse during the 3-year term of the sponsorship undertaking. 

Related to the sponsorship undertaking is the sponsorship agreement, which, in addition to the conditions stated in the sponsorship undertaking, requires that the sponsored spouse support their new family, including their dependent members. 

What is the minimum income to sponsor a spouse in Canada? 

In general, there is no minimum income required from the sponsoring spouse. An exception is when the sponsored spouse has a child who is still a dependent and the said dependent child has one or more children of their own. In this case, the sponsoring spouse must prove that they are able to provide for these members of their new family. 

Eligibilities of the Sponsored Spouse (Division 2, Part 7, Regulations) 

To qualify as a sponsored spouse in Canada, one must not be inadmissible to come to the country (Section 14, Regulations) after determination done by Canadian immigration on security, criminal, or medical reasons. 

Procedural eligibilities may include filling up or submitting forms and documents to prove a sponsored spouse’s eligibility, whether as a spouse, common-law partner, or conjugal partner. These may include submitting oneself to medical exams and biometrics collection. 

Who can qualify under spousal sponsorship in Canada? 

Notably, the IRPA and its Regulations both refer to Canadian spousal sponsorship to cover “spouses”, “common-law partners”, and “conjugal partners”. This means that Canada’s immigration laws are LGBTQ+ friendly and do not discriminate among sexes and genders. 

• Spouse: a person who can be either sex, at least 18 years old, and is legally married to the sponsoring spouse. 
• Common-law partner: a person who can be either sex, at least 18 years old, legally married to the sponsoring spouse, and has lived with the sponsoring spouse for the past 12 months without any long periods apart. 
• Conjugal partner: a person who can be either sex, at least 18 years old, not legally married or in a common-law relationship with the sponsoring spouse but has been in a relationship with the latter for at least 1 year, and is outside Canada but cannot live with or marry the sponsoring spouse in the partner’s country due to legal and immigration reasons. 

How long does it take to sponsor a spouse in Canada?  

Canadian spousal sponsorship applications may take up to 12 months until a decision is made by the federal or provincial government. These would ultimately depend on the nature and circumstances surrounding each case. 

How can I speed up my spousal sponsorship in Canada?  

A Canadian spousal sponsorship may be processed faster if all information needed by the government is properly disclosed and that no damaging information is withheld by the sponsor or the sponsored spouse.  

Can a spouse stay in Canada while waiting for spousal sponsorship? 

A sponsored spouse may stay in Canada while waiting for the resolution of the permanent residency, provided that the sponsored spouse has maintained their temporary resident status until the approval of the permanent residency. 

Comment your questions down below or consult with the best immigration lawyers in Canada to know more about Canadian spousal sponsorship.