Founder and Principal Consultant
You can sponsor if
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You are a Canadian citizen, a permanent resident, or a person registered under the Indian Act
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You are at least eighteen years old
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You are not in default on a previous sponsorship undertaking or an immigration loan
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You are not receiving social assistance for a reason other than disability
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You are not an undischarged bankrupt, and not subject to a removal order
You can sponsor
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A spouse, meaning a person you are legally married to
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A common-law partner, meaning a person you have lived with in a conjugal relationship for at least twelve continuous months
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A conjugal partner, where marriage or cohabitation was genuinely impossible for reasons beyond your control
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A dependent child, including a child of the person you are sponsoring
| Factor | Inland | Outland |
|---|---|---|
| Where the applicant must be | In Canada, and generally remaining here throughout | May be inside or outside Canada, and may travel |
| Open work permit while waiting | Yes, through the spouse or common-law partner open work permit | Not through this route |
| Travel during processing | Leaving can put the application at risk | Travel is permitted |
| If it is refused | No appeal. Judicial review or a fresh application only | Right of appeal to the Immigration Appeal Division |
Confirming eligibility
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Sponsor eligibility checked against every bar, including previous undertakings and any three year window from an earlier spousal sponsorship
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The relationship category confirmedspouse, common-law or conjugal, since the evidence required differs
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Any previous immigration history for either party reviewed before anything is drafted
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Whether the applicant was declared and examined when the sponsor became a permanent resident
Assembling documents
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Identity and civil status documents, with certified translations where they are not in English or French
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Police certificates for every country where the applicant has lived six months or more since the age of eighteen
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Medical examination by a panel physician
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Relationship evidence covering the whole period, not a curated week
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Proof of the sponsor’s status in Canada and, where relevant, of residence in Canada
Forms, submission and what follows
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The sponsorship and permanent residence forms are completed together and cross checked against each other
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Filed online through the permanent residence portal
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Biometrics where required, following the instruction letter
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Processing times vary by stream and office, so we work from the current IRCC figure rather than a number in a guide
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An interview is possible, and both parties should have read the application filed in their names
What carries weight
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Communication across the whole period, one page a month for two years beats a thousand pages from one month
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Financial interdependencejoint accounts, transfers with a pattern, shared bills, beneficiary designations
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Both names on a lease, a mortgage, insurance or a utility account
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Travel showing visits in both directions where that was possible, with stamps and boarding passes
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Evidence that both families know the relationship exists, including photographs across time rather than one event
Including a dependent child
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A child qualifies if under twenty two and not a spouse or common-law partner, with a narrow exception for a child dependent on a parent because of a physical or mental condition
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Age is locked at the date a complete application is received, so filing dates matter
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Every child must be declared and examined, including a child who is not coming to Canada
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Custody documents or the consent of the other parent will be required where the child does not live with both parents
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The evidence proves an event, usually a wedding, rather than a relationship over time
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Interview answers contradict the file, because neither party had reread what was submitted in their names
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A family member was not declared when the sponsor landed, and section 117(9)(d) now applies
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Sponsor eligibility was assumed rather than checked, and a default, a bankruptcy or a previous undertaking surfaces late
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Inland was chosen for convenience in a file that needed the appeal right that only outland carries
Where an outland application is refused, the sponsor generally has a right of appeal to the Immigration Appeal Division. The appeal is heard afresh, so new evidence can be produced and the panel can substitute its own decision. In the right case it is the correct route.
But an appeal that is dismissed on the merits generally closes the door on simply filing again. Once the Division has decided that the relationship is not genuine, or was entered into primarily for immigration purposes, the finality of that decision will normally prevent the same relationship being litigated a second time. A fresh application on the same facts runs straight into it. Whereas if you do not appeal, and you remain eligible, a better prepared application is often still open to you.
So the real question after a family class refusal is not whether you can appeal. It is which of the two roads actually gets your family here.
Appealing is usually the right move when
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The refusal turns on a finding you can demonstrably disprove on the existing record
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The officer made an error of law, or ignored evidence that was properly before them
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The relationship evidence was strong and was simply misread
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Time is against you because of a dependent child’s age lock or a change in the sponsor’s circumstances
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The refusal raises misrepresentation, where the finding itself carries a five year bar that has to be fought
Reapplying is usually the better road when
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The refusal identified a genuine gap that you can now properly fill
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The evidence at the time was thin, and the relationship has developed since you filed
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Income, status or documentation problems have since been resolved
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The appeal backlog would take longer than a fresh, well built application
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The file was self prepared or poorly prepared, and the underlying case is actually strong
What is the processing time for spousal sponsorship applications?
Processing times vary depending on the type of application (inland or outland) and the complexity of the case. On average, it may take up to 12 months. Keep track of IRCC’s updates for current timelines.
Can I sponsor my spouse if I am living outside Canada?
Yes, Canadian citizens can sponsor their spouse, partner, or dependent child while living outside Canada, provided they demonstrate intent to return to Canada once the application is approved. Permanent residents, however, must reside in Canada during the sponsorship process.
Can I apply for a work permit while my sponsorship application is being processed?
If you are applying under the inland sponsorship stream, you can apply for an Open Work Permit simultaneously. This will allow you to work in Canada while your application is being processed.
What if my spousal sponsorship application is refused?
If your application is refused, you can appeal the decision through the Immigration Appeal Division (IAD) or seek a judicial review in Federal Court. We can help assess your case and advise on the best course of action.
Do I need to provide police clearance certificates (PCCs) for spousal sponsorship?
Yes, the principal applicant and their accompanying family members over the age of 18 must provide PCCs from every country they have lived in for six months or more since the age of 18.
Can I include my dependent children in my sponsorship application?
Yes, dependent children can be included in your sponsorship application. Ensure you meet the definition of a dependent child and provide all required supporting documents, including birth certificates and proof of custody (if applicable).
What financial requirements must I meet to sponsor my spouse or partner?
There is no minimum income requirement for spousal or partner sponsorship, but you must not be receiving social assistance other than for disability. You must also demonstrate the ability to financially support your spouse or partner.
Can I sponsor my spouse or partner if they are out of status in Canada?
Yes, under the Spouse or Common-Law Partner in Canada Class, you can sponsor your spouse or partner even if they are out of status, provided they meet the other eligibility criteria.
What is the difference between inland and outland sponsorship?
Inland sponsorship is for spouses or partners living in Canada, while outland sponsorship is for those living outside Canada. Inland applicants may apply for an Open Work Permit, while outland applications may offer faster processing depending on the visa office.
How can I prove my relationship is genuine?
Provide substantial evidence such as photos, joint financial accounts, lease agreements, text messages, call logs, and letters of support from friends and family. Pay close attention to the IMM5532 Relationship Evaluation Form to present a thorough case.
Can I sponsor my spouse if we are in a conjugal relationship?
Yes, you can sponsor your partner under the conjugal category if exceptional circumstances prevent you from living together (e.g., immigration barriers, cultural or legal restrictions).
What happens if my marriage certificate is not in English or French?
You must provide a certified translation of the marriage certificate along with a copy of the original document.
Can my spouse travel to Canada while the sponsorship application is being processed?
Yes, your spouse can apply for a Temporary Resident Visa to visit Canada. However, approval is not guaranteed, as they must demonstrate strong ties to their home country.
What is the cost of applying for spousal sponsorship?
The cost includes a sponsorship fee, a principal applicant fee, biometrics, and the Right of Permanent Residence Fee. Additional fee applies for dependent children.
Is an interview required for spousal sponsorship?
Not always. Interviews are generally required only if IRCC has concerns about the genuineness of the relationship or other aspects of the application.
What happens after I submit my application?
Once submitted, you will receive an acknowledgment of receipt (AOR) and a file number. IRCC will then review your application for completeness, request biometrics, and proceed with the eligibility and background checks.
Can I sponsor my spouse if I was sponsored as a spouse within the last 5 years?
No, you cannot sponsor another spouse or partner if you were sponsored as a spouse or partner within the past five years.
What documents should I provide to prove my relationship?
Common documents include:
- Marriage certificate or proof of cohabitation
- Photos of your wedding and other significant events
- Joint financial statements or lease agreements
- Communication records (e.g., messages, emails, call logs)
What happens if I miss a document in my application?
Missing documents may lead to application delays or rejection. Use the IMM5533 checklist and consult an expert to ensure completeness.
