Family Class Permanent Residency

Spousal & Common-law Sponsorship Canada

At Mygration, one of our key specializations is Spousal & Common-law Sponsorship Applications. With personalized strategies and years of successful experience, we help spouses of Canadians and Canadian permanent residents obtain permanent residency.

Personalized Spousal & Common-law Applications

Not one spousal sponsorship application is the same because everyone’s circumstances and documents available are different. Our holistic approach creates personalized strategies that highlight the strengths of your application while reinforcing potential weaknesses.

Proven Success

We’re proud to showcase that we’ve had a 100% success rate for spousal sponsorship applications since 2021.

Spousal sponsorship is one of the main ways couples reunite permanently in Canada. If you are a Canadian citizen or permanent resident, you may be able to sponsor your spouse, common-law partner, or conjugal partner for Canadian permanent residence.

The process involves two connected applications: a sponsorship application from the sponsor and a permanent residence application from the sponsored spouse or partner. Under the current application process, the principal applicant submits both applications together online through the Permanent Residence (PR) Portal for assessment by Immigration, Refugees and Citizenship Canada (IRCC).

This page explains how spousal sponsorship in Canada works, who can sponsor and be sponsored, the difference between the Family Class and the Spouse or Common-Law Partner in Canada Class, open work permit considerations, typical supporting evidence, and some of the issues that can complicate an application.

What Is Spousal Sponsorship in Canada?

Spousal sponsorship is a family reunification immigration process that allows an eligible Canadian citizen or permanent resident to sponsor a qualifying spouse or partner for Canadian permanent residence.

The sponsor applies to be approved as a sponsor and signs an undertaking to financially support the sponsored person. The sponsored spouse or partner is the principal applicant for permanent residence and must establish that the relationship qualifies under Canadian immigration law and that the applicable permanent residence requirements are met.

Although the sponsorship and permanent residence portions are assessed separately, they form part of one combined application process.

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Who Can Be Sponsored: Spouse, Common-Law, or Conjugal Partner

Canadian immigration law recognizes three main partner categories for sponsorship:

  • Spouse – a person you are legally married to. The marriage must be legally recognized for Canadian immigration purposes.

  • Common-law partner – a person with whom you have lived continuously in a conjugal relationship for at least 12 consecutive months.

  • Conjugal partner – a person living outside Canada with whom you have been in a genuine, mutually interdependent conjugal relationship for at least one year, where marriage or cohabitation has not been possible because of the couple’s circumstances.

Conjugal sponsorship is intended for limited situations. A conjugal partner cannot be living in Canada and must be sponsored under the Family Class.

Same-sex spouses and partners are assessed under the same immigration rules as opposite-sex couples.

A marriage performed in Canada must be legally valid in Canada. If the marriage took place outside Canada, it generally must be legally recognized both in the country where it occurred and under Canadian law.

IRCC generally does not recognize marriages performed outside Canada by proxy, telephone, fax, internet, or another arrangement where one or both spouses were not physically present at the ceremony, subject to limited exceptions provided by law.

Legal validity of the marriage is separate from IRCC’s assessment of the relationship itself. Under Canadian immigration law, a spouse, common-law partner, or conjugal partner will not qualify on the basis of the relationship if the relationship was entered into primarily to obtain an immigration status or privilege, or if the relationship is not genuine.

Common-Law Status: How It Is Assessed

For immigration purposes, common-law partners generally need to establish at least 12 consecutive months of cohabitation in a conjugal relationship.

Short and temporary periods apart, such as for work, business travel, or family obligations, do not necessarily interrupt common-law cohabitation. Longer periods of separation can create issues and should be assessed carefully.

Because there is no marriage certificate establishing the relationship, common-law applicants usually rely on documentary evidence of their shared life. Depending on the circumstances, this may include:

  • joint leases, mortgages, or property documents

  • documents showing the same residential address

  • shared bank accounts or financial obligations

  • utility bills or household expenses

  • insurance policies or beneficiary designations

  • government or tax records

  • correspondence and other documents showing the couple’s shared life

No single document establishes common-law status on its own. IRCC assesses the evidence as a whole.

Common-law status for Canadian immigration purposes is governed by federal immigration law. Provincial family-law definitions and consequences may differ and should not be confused with the immigration definition.

Who Is the Principal Applicant in a Spousal Sponsorship?

The sponsored spouse, common-law partner, or conjugal partner is the principal applicant for the permanent residence application.

The sponsor applies to be approved as the sponsor and signs the sponsorship agreement and undertaking.

Any dependent children included in the application must also be declared and must meet the applicable immigration requirements.

Inland vs. Outland Spousal Sponsorship

The terms “inland” and “outland” are commonly used when discussing spousal sponsorship, but the formal immigration categories are:

  • the Spouse or Common-Law Partner in Canada Class (SCLPC); and

  • the Family Class.

The distinction is not determined simply by whether the sponsored person happens to be physically inside or outside Canada.

A spouse or common-law partner living with the sponsor in Canada may, depending on the circumstances, be able to apply under either class.

The Spouse or Common-Law Partner in Canada Class is generally intended for spouses and common-law partners who are living together in Canada and who will continue living together in Canada while the application is processed.

The Family Class is generally used where the sponsored person lives outside Canada, but it can also be used for a spouse or common-law partner who is physically in Canada.

The appropriate class can affect issues such as travel, appeal rights, and how the application should be structured.

Choosing the Sponsorship Class

Spouse or Common-Law Partner in Canada Class

The Spouse or Common-Law Partner in Canada Class is generally available where the sponsored spouse or common-law partner:

  • lives with the sponsor in Canada; and

  • has valid temporary resident status in Canada or qualifies for an exemption from the status requirement under an applicable public policy.

Certain spouses and common-law partners without valid temporary resident status may still qualify under IRCC’s spousal public policy. However, that public policy does not overcome every type of inadmissibility or immigration issue, so an out-of-status application should be assessed carefully before submission.

Because cohabitation in Canada is an essential element of this class, travel outside Canada can create additional risk. If the sponsored person leaves Canada and is unable to return, the couple may no longer be able to continue through the in-Canada class and may need to submit a new Family Class sponsorship application.

Having a sponsorship application in process does not guarantee that a temporary resident will be permitted to re-enter Canada after travelling abroad.

Family Class

The Family Class is generally appropriate where:

  • the sponsored spouse or partner lives outside Canada;

  • a spouse or common-law partner is currently living with the sponsor in Canada but does not plan to remain in Canada throughout processing;

  • preserving the possibility of a sponsorship appeal is important; or

  • the person being sponsored is a conjugal partner.

A spouse or common-law partner does not necessarily have to be outside Canada to be sponsored under the Family Class.

Conjugal partners must be sponsored under the Family Class.

Open Work Permit Considerations

Eligibility for a sponsorship-related open work permit is not limited to the Spouse or Common-Law Partner in Canada Class.

A spouse, common-law partner, or conjugal partner who is being sponsored for permanent residence and is living in Canada may be eligible for an open work permit if the applicable requirements are met. This can include qualifying applicants whose permanent residence application was submitted under the Family Class.

In most cases, IRCC must first issue an Acknowledgement of Receipt (AOR) confirming that the permanent residence application has been reviewed for completeness before the sponsored person applies for the open work permit.

There is a limited exception where the applicant’s work permit, study permit, or temporary resident status will expire within two weeks or less. In qualifying circumstances, the person may be able to apply for the open work permit before receiving the AOR if the permanent residence application has already been submitted.

Open work permit eligibility also depends on the person’s status and circumstances in Canada. Applicants who are out of status and relying on the spousal public policy may be subject to different requirements and may need to wait until approval in principle before becoming eligible.

Family Class vs. Spouse or Common-Law Partner in Canada Class

Consideration Family Class Spouse or Common-Law Partner in Canada Class
Spouse eligible Yes Yes
Common-law partner eligible Yes Yes
Conjugal partner eligible Yes No
Sponsored person outside Canada Yes No
Sponsored person living with sponsor in Canada Can be used in appropriate circumstances Required
Temporary resident status Not a requirement of the class itself Generally required, subject to applicable public policy
Sponsorship appeal to the IAD after refusal May be available in applicable cases No
Sponsorship-related open work permit May be available to eligible applicants living in Canada May be available to eligible applicants
Travel during processing Generally more compatible with travel, although entry to Canada is never guaranteed Travel can create additional risk because the applicant must continue qualifying under the in-Canada class

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Spousal Sponsorship Eligibility Requirements

To sponsor a spouse or partner, the sponsor generally must:

  • be at least 18 years old;

  • be a Canadian citizen, a person registered in Canada under the Indian Act, or a Canadian permanent resident;

  • meet the applicable residence requirements;

  • not be receiving social assistance for a reason other than disability;

  • not be subject to a sponsorship bar or another ground of sponsorship ineligibility; and

  • sign the required sponsorship agreement and undertaking.

A Canadian citizen who lives outside Canada may sponsor a spouse or partner if the citizen can demonstrate an intention to live in Canada when the sponsored person becomes a permanent resident.

A Canadian permanent resident living outside Canada cannot sponsor a spouse or partner while residing abroad.

Sponsors must also be able to provide for the sponsored person’s basic needs. For a spouse, common-law partner, or conjugal partner, the sponsorship undertaking generally lasts for three years from the day the sponsored person becomes a permanent resident. Different rules apply in Quebec.

Is There a Minimum Income Requirement?

In most spousal and partner sponsorship applications, there is no minimum necessary income requirement.

There is a narrow exception where the spouse or partner being sponsored has a dependent child who also has one or more dependent children of their own. In that situation, the sponsor may need to meet the applicable income requirement.

Although most sponsors do not have to meet a specific income threshold, financial circumstances still matter. A sponsor receiving social assistance for a reason other than disability is generally not eligible to sponsor.

Other sponsorship restrictions can also apply depending on the sponsor’s immigration history, previous sponsorship undertakings, support-payment defaults, criminal history, bankruptcy status, or other circumstances.

Spousal Open Work Permit

A spouse, common-law partner, or conjugal partner who is being sponsored for permanent residence and is living in Canada may be eligible for an open work permit while the permanent residence application is being processed.

This eligibility is not restricted exclusively to the Spouse or Common-Law Partner in Canada Class. Qualifying Family Class applicants living in Canada may also be eligible.

The work permit is not automatic. A separate work permit application must be submitted and the applicant must meet the applicable eligibility requirements.

Normally, the sponsored person should wait until IRCC issues the Acknowledgement of Receipt confirming that the permanent residence application is complete before submitting the open work permit application.

An applicant whose temporary status will expire within two weeks may, in qualifying circumstances, be able to apply without the AOR after the permanent residence application has been submitted.

Applicants should also distinguish between applying for a work permit and having authorization to work. Filing a sponsorship application does not by itself authorize someone to work in Canada.

A person who does not already have valid work authorization should not begin working until legally authorized to do so.

Applicants who already hold a work permit and apply to extend their work authorization before their existing status expires may have different rights under Canada’s maintained-status rules.

Once issued, an open work permit generally allows the holder to work for most employers in Canada without a Labour Market Impact Assessment or employer-specific job offer, subject to any conditions appearing on the permit.

How Long Does Spousal Sponsorship Take in Canada?

IRCC publishes estimated processing times for spousal and partner sponsorship applications and updates them regularly.

Processing times can vary based on factors such as application volumes, the type of application, the complexity of the case, and whether IRCC requires additional documents or information.

For that reason, a fixed processing time quoted in a blog can quickly become outdated. Applicants should check IRCC’s current processing-time tool for the most recent estimate.

One of the most important factors within an applicant’s control is submitting a complete and internally consistent application. Missing documents, incomplete forms, discrepancies, and inadequate explanations can result in delays, returned applications, or requests for additional information.

Documents and Evidence: Spousal Sponsorship Checklist

The exact document requirements vary depending on factors such as:

  • whether the couple is married or common-law;

  • the sponsorship class;

  • where the sponsored person lives;

  • the sponsored person’s nationality and immigration history;

  • whether dependent children are included; and

  • country-specific document requirements.

Depending on the application, supporting documents may include:

  • the required IRCC sponsorship and permanent residence forms;

  • proof of the sponsor’s Canadian citizenship, permanent residence, or other qualifying status;

  • a marriage certificate, where applicable;

  • evidence establishing at least 12 months of common-law cohabitation, where applicable;

  • identity and civil-status documents;

  • police certificates;

  • proof of the history and genuineness of the relationship;

  • photographs and communication records;

  • evidence of cohabitation, shared finances, or financial support;

  • letters or other evidence from friends and family, where appropriate;

  • documents relating to the sponsor’s financial circumstances and eligibility; and

  • documents for any dependent children included in the application.

Applicants should follow the current IRCC document checklist and any applicable country-specific instructions rather than relying on a generic checklist.

Medical Examinations

Spousal sponsorship applicants are generally instructed to wait until IRCC provides medical-examination instructions after the permanent residence application has been submitted.

Once those instructions are issued, the applicant must complete the immigration medical examination within the timeframe specified by IRCC.

Applicants should not assume that an upfront medical examination is required simply because a medical examination will eventually form part of the permanent residence process.

Proving a Genuine Relationship

Being legally married or meeting the 12-month common-law definition does not by itself guarantee approval.

IRCC must also be satisfied that the relationship is genuine and was not entered into primarily for the purpose of acquiring an immigration status or privilege.

There is no single document that proves a genuine relationship. The appropriate evidence depends on the couple’s circumstances and relationship history.

Evidence may address matters such as:

  • how and when the couple met;

  • development of the relationship over time;

  • periods of cohabitation;

  • marriage or commitment ceremonies;

  • communication while physically separated;

  • travel and visits;

  • shared finances;

  • financial support;

  • joint responsibilities;

  • relationships with each other’s families and friends;

  • children, where applicable; and

  • plans for the future.

The goal is not simply to submit as many documents as possible. The evidence should present a coherent and credible picture of the relationship and should be consistent with the information provided in the application forms.

Common Problems in Spousal Sponsorship Applications

Some recurring issues in spouse and partner sponsorship applications include:

  • Insufficient or poorly organized relationship evidence – the application may not clearly establish how the relationship developed or why the evidence supports its genuineness.

  • Inconsistencies between forms and supporting documents – differences in dates, addresses, employment histories, relationship timelines, or other information can create credibility concerns.

  • Incomplete forms or missing documents – incomplete applications may be returned or delayed.

  • Weak common-law evidence – gaps or inconsistencies in the required period of cohabitation can make it difficult to establish common-law status.

  • Choosing the wrong sponsorship class – Family Class and the Spouse or Common-Law Partner in Canada Class have different requirements and practical consequences.

  • Status issues in Canada – a sponsored person who has lost temporary resident status may need to rely on a public policy or address other immigration issues.

  • Travel during an in-Canada application – leaving Canada can create problems if the applicant is unable to return.

  • Sponsor eligibility issues – previous sponsorships, social assistance, certain criminal convictions, support-payment defaults, or other restrictions can affect eligibility.

  • Previous marriages or relationships – unresolved divorces, overlapping relationships, or incomplete explanations may create legal or evidentiary issues.

  • Previous immigration applications – information in a sponsorship application should be consistent with the applicant’s and sponsor’s previous immigration records.

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Special Situations

Cross-Border and International Couples

Couples living in different countries will generally use the Family Class.

If a spouse or common-law partner is already living with the sponsor in Canada, the couple may have a choice between the Family Class and the Spouse or Common-Law Partner in Canada Class, depending on their circumstances and plans during processing.

Nationality by itself does not determine the appropriate sponsorship class.

Applicants Without Valid Status in Canada

Some spouses and common-law partners who are living in Canada without valid temporary resident status may still qualify under IRCC’s spousal public policy.

However, the policy does not overcome every immigration problem or ground of inadmissibility. An applicant should not assume that being married to or in a common-law relationship with a Canadian automatically resolves their status in Canada.

Applications involving loss of status, unauthorized work or study, removal proceedings, criminal inadmissibility, misrepresentation, or another immigration issue require closer assessment.

Marriage, Sponsorship, and Citizenship

Spousal sponsorship leads to permanent residence, not directly to Canadian citizenship.

Once the sponsored person becomes a permanent resident, they may later apply for citizenship if they separately meet the applicable citizenship requirements, including the physical-presence requirement and any other requirements that apply to them.

Previously Refused Applications

A previous refusal should be reviewed carefully before deciding what to do next.

Depending on the sponsorship class, reasons for refusal, and circumstances, possible options may include:

  • an appeal to the Immigration Appeal Division, where a right of appeal exists;

  • an application for judicial review in Federal Court; or

  • a new sponsorship application addressing the issues that led to the refusal.

A refusal under the Spouse or Common-Law Partner in Canada Class does not carry a sponsorship appeal to the Immigration Appeal Division.

Qualifying Family Class sponsorship refusals may have appeal rights.

Submitting substantially the same application again without addressing the previous refusal may simply reproduce the same problem.

How Mygration Can Help

Every spousal sponsorship file is different because every couple’s relationship history, immigration circumstances, and available documentation are different.

At Mygration, we begin by reviewing the specific circumstances of the case, including:

  • the nature and history of the relationship;

  • whether the couple is married, common-law, or may qualify as conjugal partners;

  • where the sponsor and applicant currently live;

  • the applicant’s immigration status;

  • whether the Family Class or Spouse or Common-Law Partner in Canada Class is more appropriate;

  • previous immigration applications or refusals;

  • travel considerations;

  • available relationship evidence; and

  • any issues that may require explanation.

Our approach is to build an application that presents the relationship clearly, consistently, and comprehensively rather than relying on a generic template.

If you are not sure where to start, our initial assessment is a practical first step to understand your options before committing to full representation.

Getting Started

Step 1: Book a consultation. During the consultation, we review your eligibility, relationship category, immigration circumstances, and the appropriate sponsorship strategy.

Step 2: Full representation. If you decide to proceed with full representation, our service includes application strategy, preparation of forms, document review, preparation of submissions addressing relevant considerations, submission through IRCC’s representative system, and assistance during processing.

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Spousal sponsorship sits within the broader landscape of Canadian permanent residency pathways. If your partner is currently in Canada as a visitor, student, or worker, it is also important to understand how temporary residence status interacts with an application for permanent residence.

Why Work With Mygration

We work exclusively in Canadian immigration, which means spouse and partner sponsorship applications form part of our regular immigration practice.

We take a personalized approach rather than using a one-size-fits-all application template. Our goal is to identify the issues that matter in your particular circumstances and ensure the application presents the relevant facts and supporting evidence clearly.

You can learn more about our approach and team through our practice areas and our team pages, or read feedback from previous clients on our testimonials page.

How to Get started

First Step: Book a Consultation

During the initial 60 minute consultation, we’ll begin by checking eligibility requirements. After, we’ll have a better understanding of your specific circumstances to create an overall strategy. If we agree on the strategy, we’ll proceed to signing the service agreement and beginning work on your application.

Within 7 days of the consultation, 100% of the consultation fees are credited towards the application service fees.

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Frequently Asked Questions

What is spousal sponsorship in Canada?

Spousal sponsorship allows an eligible Canadian citizen or permanent resident to sponsor a qualifying spouse, common-law partner, or conjugal partner for Canadian permanent residence.

The process includes both a sponsorship application and an application for permanent residence by the sponsored person.

How long does spousal sponsorship take in Canada?

Processing times change over time and are published by IRCC.

The most accurate approach is to check IRCC’s current processing-time tool rather than relying on a fixed estimate in a blog post.

Processing can also take longer where an application is incomplete, involves complex issues, or requires additional information or review.

What is the difference between the Family Class and the Spouse or Common-Law Partner in Canada Class?

The Family Class is generally used where the sponsored person lives outside Canada, but it can also be used for a spouse or common-law partner who is living in Canada in appropriate circumstances.

The Spouse or Common-Law Partner in Canada Class is generally intended for spouses and common-law partners who are living together in Canada and meet the applicable status requirements or public-policy exemption.

Conjugal partners must be sponsored under the Family Class.

The choice can affect travel considerations, appeal rights, and other aspects of the application.

Who is the principal applicant in a spousal sponsorship application?

The spouse, common-law partner, or conjugal partner being sponsored is the principal applicant for permanent residence.

The Canadian citizen or permanent resident is the sponsor.

Is there a minimum income requirement to sponsor a spouse in Canada?

In most cases, no specific minimum income threshold applies when sponsoring a spouse, common-law partner, or conjugal partner.

A narrow income requirement can apply where the person being sponsored has a dependent child who also has one or more dependent children.

The sponsor must nevertheless meet the other financial and sponsorship eligibility requirements, including the restriction relating to social assistance for reasons other than disability.

How do I prove a common-law relationship for sponsorship?

For Canadian immigration purposes, common-law partners generally need to establish at least 12 consecutive months of cohabitation in a conjugal relationship.

Evidence can include joint housing documents, documents showing a shared address, financial records, household bills, insurance documents, and other evidence demonstrating that the couple has combined their lives.

IRCC assesses the evidence as a whole rather than relying on one particular document.

Can I work in Canada while my spousal sponsorship application is being processed?

A sponsorship application does not automatically give the sponsored person permission to work.

A spouse, common-law partner, or conjugal partner who is being sponsored for permanent residence and living in Canada may be eligible to apply for an open work permit if the applicable requirements are met.

This can include eligible applicants under both the Spouse or Common-Law Partner in Canada Class and the Family Class.

Normally, the applicant should receive an Acknowledgement of Receipt confirming that the permanent residence application is complete before applying for the work permit. A limited exception may apply where the person’s temporary status will expire within two weeks.

The sponsored person should not begin working unless they have valid authorization to work in Canada.

Can I travel outside Canada while my spousal sponsorship is being processed?

Travel is possible in many cases, but a pending permanent residence application does not guarantee re-entry to Canada.

Travel is particularly important to consider for applicants under the Spouse or Common-Law Partner in Canada Class because the applicant must continue qualifying as a member of that class. If the applicant leaves Canada and cannot return, a new Family Class sponsorship application may be required.

Applicants with significant travel plans should consider this when deciding which sponsorship class is appropriate.

Can I sponsor my spouse if they do not have valid status in Canada?

Possibly.

Certain spouses and common-law partners without valid temporary resident status may qualify for processing under IRCC’s spousal public policy.

The policy only addresses particular status-related issues and does not overcome every ground of inadmissibility or immigration problem.

The circumstances should therefore be reviewed before assuming the person qualifies.

Do I need a lawyer or immigration consultant for spousal sponsorship?

No. There is no legal requirement to hire a lawyer or regulated immigration consultant to submit a spousal sponsorship application.

Professional assistance may be useful where a case involves complicated relationship evidence, previous refusals, status problems, inadmissibility, prior marriages or sponsorships, significant inconsistencies, or another issue requiring careful documentation and explanation.

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