Spouse
You're legally married, in Canada or abroad. We check that the marriage is recognized in Canada before you rely on it.
Key evidenceThe marriage certificate, plus proof of the relationship before and after the wedding.
Sponsoring your partner? Choose the right route before you file.
We help you pick between inland and outland, build the evidence of your relationship, and if a sponsorship is refused, take it to the Immigration Appeal Division or the Federal Court.
Thank you, we have it.
We'll call you during office hours, 9 am to 5 pm, 7 days a week. If your sponsorship was refused, call now: appeal deadlines are short.
Book a free video meeting now Call (289) 309-3069Who you can sponsor
Three kinds of relationship, three sets of proof.
Whichever applies, IRCC must accept that the relationship is genuine and wasn't entered into mainly to get status in Canada.
The guide sets out the legal definitions in full: Spousal sponsorship in Canada: inland, outland, refusals and appeals.
Common-law partner
You aren't married but live together. We check that you've lived together for at least 12 months in a row, and that your documents show it.
Key evidenceProof you've shared a home for the full 12 months, such as a joint lease, bills and mail at the same address.
Conjugal partner
Your partner lives outside Canada and a real barrier has stopped you marrying or living together. We check whether yours is one IRCC accepts.
Key evidenceProof of the barrier, and of the commitment and support between you.
Their children
Your partner's dependent children can usually be included in the same application.
Watch forEvery family member must be declared. Leaving one out can block sponsoring them later.
Can you sponsor?
Check this before you file.
You must be at least 18, a Canadian citizen, permanent resident or person registered under the Indian Act, and live in Canada. A citizen living abroad must show you plan to live in Canada when your partner becomes a permanent resident. A permanent resident living abroad can't sponsor. You also can't sponsor a partner if:
- You were sponsored as a partner yourselfAnd became a permanent resident less than 5 years ago.
- You sponsored a previous partnerAnd it hasn't been 3 years since they became a permanent resident.
- You receive social assistanceFor a reason other than a disability.
- You're behind on certain paymentsAn immigration loan, a performance bond, or court-ordered family support.
- You're an undischarged bankruptYou declared bankruptcy and haven't been discharged.
- Certain convictions, custody or a removal orderA violent offence, an offence against a relative or a sexual offence, being in prison, or having to leave Canada.
Inland or outland
Where your partner lives shapes the route.
The choice affects whether your partner can work while you wait and, if it goes wrong, how you can challenge a refusal. We look at both before you file.
Ask which route fits- InlandThe Spouse or Common-Law Partner in Canada class. Your partner lives with you in Canada and has valid temporary status, or is covered by a public policy for people who've lost status. Conjugal partners can't use it.
- OutlandThe family class. For a partner living outside Canada, and the only route for conjugal partners. A partner who is in Canada can sometimes apply this way too.
- Working while you waitA partner living with you in Canada can usually apply for an open work permit once IRCC has sent the acknowledgment of receipt. They need valid, maintained or restorable status.
- If it's refusedAn outland refusal can usually be appealed to the Immigration Appeal Division. An inland refusal goes to the Federal Court by judicial review instead.
How it works
Two applications, one promise.
You apply to sponsor and your partner applies for permanent residence, together. As sponsor, you sign an undertaking: a binding promise to support your partner for 3 years from the day they become a permanent resident. It stays in force even if you separate or divorce.
Talk to us about your case- Check you can sponsorWe confirm you're eligible and that nothing in your history or your partner's raises a problem.
- Build the relationship evidencePhotos alone rarely carry it. We help you show how the relationship started, how it has continued, and that it's genuine.
- File both applicationsThe sponsorship, the undertaking and your partner's permanent residence application go in together.
- Open work permitIf your partner lives with you in Canada, they can usually apply after the acknowledgment of receipt, and extend it for 2 years while the file is in process.
- DecisionIRCC may ask for more documents or an interview. If it refuses, the clock to challenge it starts when you receive the decision.
Sponsorship refused?
Work out your deadline.
An appeal goes to the Immigration Appeal Division, which can hear the case in full and, in many cases, consider humanitarian reasons. An inland refusal can only be challenged at the Federal Court. More on refusals and judicial review.
- 30
days to appeal an outland refusal to the Immigration Appeal Division
- 15
days to seek judicial review of an inland refusal
How did you apply?
Pick a date to see your deadline.
General information, not legal advice. Some refusals can't be appealed, for example where the partner was found inadmissible for serious criminality or security reasons. The exact start date and how days are counted can change the deadline. We'll confirm yours.
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Videos
Watch it explained.
Should we apply inland or outland?
It depends on where your partner lives, their status in Canada, and what matters most to you. Inland suits couples living together in Canada and lets your partner apply for an open work permit, but a refusal can only be challenged at the Federal Court. Outland keeps the right to appeal to the Immigration Appeal Division and is the only route for conjugal partners.
Can my partner work while we wait?
Usually, if they live with you in Canada. Once IRCC sends the acknowledgment of receipt for the permanent residence application, your partner can apply for an open work permit, as long as they have valid, maintained or restorable temporary status.
How long am I responsible for my partner?
The undertaking for a spouse, common-law or conjugal partner lasts 3 years from the day they become a permanent resident. It's a binding promise of support and stays in force even if you separate or divorce.
We're not married. Can I still sponsor my partner?
Yes. You can sponsor a common-law partner if you've lived together in a marriage-like relationship for at least 12 consecutive months. If your partner lives outside Canada and a real barrier has stopped you from marrying or living together, a conjugal partner sponsorship may fit, after at least 1 year in the relationship.
What can I do if the sponsorship is refused?
For an outland application, you can usually appeal to the Immigration Appeal Division within 30 days of receiving the refusal. For an inland application, the route is judicial review at the Federal Court, generally within 15 days. Some refusals, such as those based on serious criminality or security, can't be appealed.
Is the first meeting free?
Video meetings are free. In-person meetings at First Canadian Place are $100.
Related
Other immigration matters we handle.
Free video meeting
Sponsoring your partner? Start with the right route.
By video (free) or in person at First Canadian Place ($100), 7 days a week.
Cohen Murison Law
100 King Street West, Suite 5700
First Canadian Place, Toronto, ON M5X 1C7
Open 7 days, 9 am to 5 pm. Closed on public holidays.
100 King Street West, Suite 5700
First Canadian Place, Toronto, ON M5X 1C7
Open 7 days, 9 am to 5 pm. Closed on public holidays.