How to Sponsor a Spouse or Partner in Canada
Find out if you meet the family sponsorship requirements to sponsor your spouse or partner to live with you permanently in Canada.
Changes to Spousal Open Work Permits: Canadian immigration has updated the eligibility requirements for Spousal Open Work Permits (SOWP).
Who Can Be a Sponsor?
In order to sponsor a spouse, common-law partner, or conjugal partner to Canada, you must be a citizen, permanent resident, or a registered Indian under the Canadian Indian Act. You must be 18 years of age or older, and meet any further requirements, such as financial stability, to prove you have the capacity to act as a sponsor.
If you do meet these requirements, you may be eligible to sponsor a spouse, common-law partner, or conjugal partner who must also be qualified. The Canadian citizen or permanent resident applying to become a sponsor is the first step to the sponsorship process. Next, the spouse, conjugal partner, or common law partner will apply for permanent residence.
What are the Requirements for a Spouse or Partner Being Sponsored?
The spouse or partner applying for permanent residence must be at least 18 years old, and both the sponsor and the beneficiary must prove their relationship is genuine. Immigration officials have been faced with spousal sponsorship cases in which the individual is just applying for permanent residence and not to be with their partner. In such cases, the individual may be denied. Therefore, it is important to only enter under this class if the intent is sincere. A common-law partner applying under this class must live with their sponsor in Canada for a minimum of 1 year. This is not necessarily the case for a spouse. In cases where the sponsor and applicant are married but live apart overseas, the sponsor will sponsor the applicant so they can live together in Canada. This does not apply for conjugal partners.
Same-Sex Partners
The sponsorship rules for same-sex spouses or partners in Canada are the same as those for opposite-sex spouses or partners. If you were married inside Canada, you must have a legal marriage certificate from the province or territory in which you got married. If you were married outside of Canada, you will also be required to provide a marriage certificate to prove that your marriage is considered legal in the place you got married, as well as in Canada.
Common-Law Partners
To be considered a common-law partner, one should have lived together with another person in a conjugal relationship for at least one year. This applies to both opposite- and same-sex relationships. In a sponsorship case, you will typically have to provide proof of this union, which can be done in the form of financial records, property, utility bills, joint accounts or other means.
Conjugal Partners
A conjugal partner is an individual outside of Canada who has been in a binding relationship with a Canadian sponsor for at least one year, but could not live with their partner. This also applies to both opposite- and same-sex relationships. To sponsor a conjugal partner, you must prove you could not live together due to extenuating circumstances.
Inland Spousal Sponsorship
To qualify for the Inland sponsorship category, the foreign spouse or partner must have temporary resident status in Canada, which can be as a worker, student, or visitor. Applicants may be eligible for an open work permit, which ensures they can work for a Canadian employer while the application is processed. This may help prevent any issues that can arise if an existing visa expires before the sponsorship process is completed.
Outland Spousal Sponsorship
The Outland sponsorship category applies to a situation where the foreign partner is living outside of Canada. While the sponsored individual may still be able to travel in and out of Canada during the application process, their application will be processed through the visa office in their country of origin or permanent residence.
Year
# of Immigrants Receiving PR Through Spousal, Partner, and Child Sponsorship
2025
70,000
2026
66,500
2027
61,000
Reasons You May Not Be Able to Sponsor
- are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,
- previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
- are in default on an immigration loan or a performance bond
- did not pay court-ordered alimony or child support
- have declared bankruptcy which has not been discharged
- were convicted of
- an offence of a sexual nature,
- a violent crime,
- an offence against a relative that caused bodily harm or
- threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
- are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,
- are under a removal order,
- are in a penitentiary, jail, reformatory or prison,
- have already applied to sponsor your current spouse or partner and haven’t received a decision.
Spousal Sponsorship FAQs
How long does it take to sponsor a spouse in Canada?
The average processing time of a spousal sponsorship is approximately 12 months. However, depending on specific circumstances and regions, it may be shorter or as long as 36 months. This sponsorship can be done by a Canadian citizen or a permanent resident.
Call Us Today
The first step towards moving to Canada is to get an assessment of your specific situation. Call us today at 866.934.7447 for an assessment to see if you are eligible to move to Canada, or fill out our online assessment form.
Spousal Sponsorship US: Green Card Marriage Visa
Interested in immigrating to the United States?
Spousal Sponsorship to the United States
An individual who is married or engaged to a US citizen may be eligible to immigrate to the United States on the basis of that relationship through a Green Card marriage visa. In these cases, however, it is important that the relationship is valid and that the couple can prove it to be valid. Unfortunately, there have been cases in which false relationships are forged for the sole purpose of immigration. For this reason, it can become difficult to get these petitions approved when there is not solid evidence of a true relationship. Therefore, an individual seeking to sponsor a sponsor a spouse, partner, or fiancé(e) to the United States must ensure they are going through the process as effectively as possible by following the right steps . Hiring an immigration lawyer can often be a helpful tool.
How to Sponsor a Spouse to the US through Green Card Marriage Visa
In order for a US citizen to sponsor a foreign spouse to the US, the citizen must prove the validity of the relationship, as well as prove they are financially stable enough to support their spouse in the US. Minor children of the sponsored individual may also accompany their parent.
- filing the IR1 or CR1 Immigrant Petition for Alien Relative (form I-130), or
- Filing the non-immigrant visa for spouse, the K-3
Same-Sex Sponsorship to the US
US Citizenship and Immigration Services (USCIS) is charged with reviewing immigration visa petitions “filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse” (uscis.gov). The same goes for sponsoring a same-sex fiancé(e) to the United States. You will need to file the same forms, provide the same proof of relationship, and be reviewed in the same way an opposite-sex marriage or engagement would.
Sponsoring a Fiancé(e) to the United States
In order to bring a foreign fiancé(e)to the United States to live and marry, the US citizen must sponsor them through the K-1 nonimmigrant fiancé(e)visa. This requires filing the I-129F fiancé(e) petition. Once the foreign fiancé(e) arrives in the US, they must marry their US citizen sponsor within 90 days of arrival. They will then be eligible to apply for an adjustment of status to a legal permanent resident with USCIS under the Department of Homeland Security. The individual must also meet the typical immigrant visa requirements. Eligible children of the K-1 beneficiary may accompany their parent with the K-2 visa.
In order for this process to be successful, the couple must fit the definition of fiancé(e). They must both have been legally free to marry at the time the petition was filed and remained so until the present. The marriage must be “legally possible according to the laws of the US state in which the marriage will take place” (travel.state.gov). Finally, the foreign fiancé(e) and US citizen sponsor must have met in person within the last two years. Exception to this requirement may be granted by USCIS if extreme hardship or extenuating circumstances prevented the couple from meeting.
Processing Time For Spousal Sponsorship
The wait time for a US spousal visa varies on a case-to-case basis. Due to high demand, an individual could be placed on a waitlist for about 1-4 years. However, it is important to note that this number is variable. Visit our page on US Visa Processing Times for 2024 to learn more.
If you would like to sponsor a foreign spouse or fiancé(e) to the United States, it may be helpful to hire an immigration lawyer. We can ensure the process and application materials are completed as efficiently as possible, and work to guarantee the best chances of success. If you are interested in hiring an immigration lawyer, we encourage you to fill out our online assessment, so that we may better understand your case and schedule a consultation. If you already know you would like to enlist the help of an immigration lawyer, you can book a consultation today!
The first step towards a successful family sponsorship application is getting an assessment of your case. Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.