Spousal
And Common-law Partner Sponsorship

The objective of the Family Class of immigration is to reunite
close family members in Canada.

The Family Class
allows Canadian citizens and permanent residents to sponsor their dependent
children, parents and grandparents, and spouse or common-law/conjugal
partner. Canada strongly supports keeping families together whenever
possible. As such, the processing of Family Class applications is given the
highest priority at Canadian Visa Offices.

The Spousal Sponsorship Category

The Spousal
Sponsorship program is a subsection of the Family Class immigration category.
Under this program, a Canadian citizen or permanent resident may sponsor a
spouse or common-law partner for Canadian permanent residence.

Both the Canadian
citizen or permanent resident (also called the ‘sponsor’) and the foreign
national (the ‘sponsored person’) must be approved by Immigration, Refugees and
Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.

In order to receive a
visa through this immigration program, the sponsor and sponsored person must
prove that their relationship qualifies under one of three categories:

NOTE: Canada
recognizes same-sex marriage, and same-sex partners may be eligible to apply
under any of the above three categories, provided they meet all eligibility
requirements.

Outland Sponsorship

An Outland application
is generally pursued when the sponsored partner is living outside of Canada.
However, Outland applicants can still be in Canada and apply through the
Outland program, and may be permitted to travel in and out of Canada throughout
the application process. Outland applications are processed through the visa
office that serves the applicant’s country of origin, or where they have
resided legally for at least one year.

Inland Sponsorship

The other potential option for Spousal/Common-Law Sponsorship is the Inland route. Inland sponsorship is when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing him or her to work for any employer in Canada while the sponsorship application is being processed.

After Sponsorship

Permanent residence
granted under the Spousal Sponsorship program carries certain conditions that
must be met:

Outland
Spousal/Common-Law Partner Sponsorship

This sponsorship program allows a Canadian citizen or permanent resident to sponsor his or her spouse/common-law partner for permanent resident status, regardless of where the spouse is currently residing.

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian or permanent resident may sponsor his or her spouse/common-law partner for permanent resident status in Canada. Both the Canadian citizen or permanent resident (the sponsor) and the foreign national (the sponsored person) must be approved by Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC) in order for the sponsored person to receive a visa.

There are two parts to
the spousal sponsorship application:

The Outland
sponsorship route is generally chosen when the sponsored person is
living outside Canada. However, it is possible for a spouse/common-law partner
living in Canada to apply through the Outland program. This option may permit
the sponsored person to travel in and out of Canada throughout the application
process. In such an instance, however, it is at the discretion of Canadian
immigration authorities as to whether the sponsored person may re-enter Canada
during the process. Additionally, it is at their discretion as to whether the
application may continue to be processed if the sponsored person leaves Canada
at any point throughout the application process.

Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year. Processing times are listed by individual countries where the application is being made, which allows couples to make better informed decisions on which sponsorship route, Inland or Outland, they should pursue. 

In cases of spousal
and common-law partner sponsorships, IRCC is committed to issuing visas as
quickly as possible in order to rapidly reunite families. IRCC aims to
process applications submitted through this program within 12 months.

Regardless of the sponsorship path chosen, both the sponsor and the sponsored person must meet a number of specific requirements in order to be considered eligible.

Inland
Spousal/Common-Law Partner Sponsorship

The Inland Spousal/Common-Law Partner Sponsorship program allows
a Canadian citizen or permanent resident to sponsor his or her
spouse/common-law partner for permanent resident status if the couple is
already living together in Canada.

The Spousal Sponsorship program is a subsection of the Family
Class immigration category, under which a Canadian or permanent resident may sponsor
his or her spouse/common-law partner for Canadian permanent
residence. Both the Canadian citizen or permanent resident (also called
the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be
approved by Immigration, Refugees and Citizenship Canada (IRCC, formerly CIC)
in order for the sponsored person to receive a visa.

There are two parts to
the spousal sponsorship application:

Under the Inland
sponsorship category, the foreign spouse/common-law partner must have valid
temporary status in Canada, either as a worker, student, or visitor. If the
sponsored person already has a work or study permit, he or she may continue to
work or study as long as the permit is valid, however it is important to note
that working and studying in Canada without valid status are illegal and may
result in serious consequences for the sponsored person.

In contrast
to Outland applications (where the spouse is residing outside
Canada), the person being sponsored through the Inland route may be eligible
for an Open Work Permit while his or her application is being processed. This
program can help to mitigate the consequences of a long application process
by enabling the sponsored person to work for a Canadian employer, without first
having a confirmed offer of employment. Applicants who would like to obtain an
open work permit should apply for one at the same time that they apply for
permanent residence. However, IRCC states that if a sponsored spouse or
common-law partner has not submitted an application for an open work permit at
the same time as their permanent residence application, he or she may still
submit an application for an open work permit at a later time.

If IRCC requires an
interview, the sponsored person will be notified, in writing, of the date, time
and location of the interview, and of the documents he or she must bring.

In the event that a
sponsored person’s application is refused, he or she is required to leave
Canada immediately at the end of his or her period of temporary stay.
Additionally, if the sponsored person leaves Canada at any point while the
application is being processed, there is no guarantee that he or she will be
allowed to re-enter Canada, especially if he or she requires a visitor
visa. IRCC aims to process applications submitted through this program
within 12 months.

Regardless of the
sponsorship path chosen, both the sponsor and the sponsored person must meet a
number of specific requirements in order to be considered eligible.

amily
Class: Specific Requirements

Through the Family Class category of Canadian immigration,
Canadian citizens and permanent residents may sponsor close family members for
Canadian immigration.

In order for a Family
Class application to be successful, both the sponsor in Canada and their
sponsored family member must meet immigration requirements. These requirements
differ depending under which program the application is submitted.

Spouse or Common Law Partner Sponsorship

Requirements for the
Sponsor:

Requirements for the
Sponsored Person:

Requirements for the
nature of the relationship:

The applicant must
prove that the relationship between the sponsor and the sponsored person
qualifies under one of three categories:

Parent and Grandparent Family Class Sponsorship

Requirements for the
Sponsor:

Requirements for the
Sponsored Person:

Parent and Grandparent Super Visa Sponsorship

Requirements for the
Sponsor:

Requirements for the
Sponsored Person:

Dependent Child Sponsorship

Requirements for the
Sponsor:

Requirements for the
Sponsored Person:

Requirements for
nature of the relationship:

Parent
And Grandparent Sponsorship

Canadian citizens and permanent residents may bring their parents and grandparents to Canada through one of two popular programs: Family Class sponsorship and/or the Super Visa program.

NOTE: The application
process for the Parent and Grandparent Program (PGP) has changed for the
۲۰۱۷ application cycle. Please see below for details.

Parent and Grandparent Program (PGP) Changes for 2017

Canadian citizens and
permanent residents who want to apply as sponsors were required to first complete
an online form on the Immigration, Refugees and Citizenship Canada (IRCC)
website, to indicate their interest in applying to sponsor their parent(s) or
grandparent(s). The online form was available from January 3, 2017, at 12
p.m. Eastern Standard Time (EST), to February 2, 2017, at 12 p.m. EST.

Immigration, Refugees
and Citizenship Canada (IRCC) randomly invited 10,000 individuals to complete
and submit an application to the PGP. Candidates who were invited to apply
have 90 days to submit a complete application and all supporting documents.

About the PGP

The Family Class sponsorship program includes a stream for parent(s) and grandparent(s) of Canadian citizens and permanent residents. Successful parent(s) and grandparent(s) under this program will receive Canadian permanent residence and may be able to apply for Canadian Citizenship four years thereafter. To be eligible for Family Class sponsorship, the sponsor in Canada must meet the following requirements:

Sponsors will have to
prove that they meet the minimum income requirements by submitting notices of
assessment issued by the Canadian Revenue Agency (CRA) in support of their
sponsorship and they must also demonstrate they have met the minimum necessary
income level for three consecutive years.