Spousal and Common-Law Sponsorship

(Married and Unmarried Couples)

Overview

Spousal sponsorship Canada and common-law partner sponsorship Canada programs allow Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residency.

These programs aim to reunite families and ensure that couples can live together in Canada.

Whether married or in a committed common-law relationship, this pathway provides an opportunity for couples, including same-sex couples, to build a life together in Canada.

The common-law partner and spousal sponsorship processing time typically ranges from 12 to 24 months, depending on whether the application is inland or outland and the case’s complexity.
Delays may occur if IRCC requests additional documents or clarifications.

Processing time

Eligibility for Spousal and
Common-Law Sponsorship
Application

To apply under Canada immigration spouse sponsorship or common-law sponsorship program, sponsors must:

Be Canadian citizens or permanent residents

Not have any barriers to sponsorship

such as bankruptcy or reliance on social assistance (except for disability benefits), though no minimum spousal sponsorship income requirements Canada exist.

Prove the relationship’s authenticity with sufficient documentation

Who Qualifies?

Examples of qualified applicants include:

Legally married couples with valid marriage certificates.
Common-law partners with continuous cohabitation proof for at least 12 months.
Same-sex couples, either married or in a common-law relationship, recognized under Canadian law.
Couples with no criminal inadmissibility or unresolved legal issues.
Couples who can demonstrate genuine commitment to their relationship.

Success Stories

Spousal Sponsorship for a Same-Sex Couple

A same-sex married couple faced skepticism about their relationship due to their cultural backgrounds.
With a comprehensive pack of common-law sponsorship documents required, we helped them build a compelling application that increased their chances of approval

Common-Law Sponsorship with a Significant Age Gap

A couple with a 20-year age difference and a long-distance relationship were concerned about IRCC doubting their relationship’s authenticity.
By focusing on their joint financial records, cohabitation proof, and detailed communication logs, their case was approved.

Married Couple with a Big Age Gap and Previous Marriages

A married couple with a significant age difference raised IRCC’s suspicion about the genuineness of their relationship, especially as one spouse had been previously married.
Through detailed evidence, including proof of shared assets, correspondence history, and strong letters of support, we demonstrated the authenticity of their relationship.
Their application was approved, allowing them to reunite in Canada.

Common-Law Sponsorship for Partners Living Together
in Canada

A couple residing in Canada applied for common-law sponsorship after living together for over a year.
Their application faced scrutiny due to a lack of joint leases or financial accounts.
By providing affidavits from landlords and friends, photos from events, and utility bills with overlapping addresses, the case was approved.

Who DOES NOT Qualify?

Applicants may not qualify for a spousal or common-law Sponsorship application if:

Relationships that appear to exist solely for immigration purposes (marriages or partnerships of convenience).
Sponsors with prior defaults on child or spousal support payments.
Couples failing to meet Canada spouse visa requirements or lacking evidence of cohabitation

Common Challenges in Applying for Spousal and Common-Law Sponsorship

Applying for spousal and common-law sponsorship can be a rewarding yet complex process. This section highlights common challenges applicants face, helping you better prepare for a smoother journey to reunite with your loved one.

Extensive Documentation

Applicants often underestimate the quantity and quality of evidence IRCC requires. Missing documents like joint leases or photos can lead to delays or refusals.

Proving the Relationship’s Authenticity

Applicants face scrutiny for cultural differences, age gaps, or long-distance relationships. Demonstrating commitment and providing solid evidence are critical.

Unclear Guidelines from IRCC

Many applicants misinterpret IRCC’s vague instructions, failing to meet the Canada spouse visa requirements or common-law sponsorship eligibility standards.

Complexities for Common-Law Partners

Common-law applicants often struggle to prove continuous cohabitation for 12 months. Gaps in housing records or lack of joint documentation can create complications.

Time-Consuming Process

Preparing a sponsorship application takes significant time, often exceeding 50 hours for gathering common-law sponsorship documents required, writing relationship histories, and completing forms.

Lack of Professional Guidance

Navigating the process without help can result in errors or missed opportunities to strengthen the application. Seeking professional advice can clarify spousal sponsorship income requirements Canada and improve approval chances.

Navigating these challenges without the right resources or support can result in delays, errors, or even rejection of the application.

It’s essential to avoid these pitfalls by seeking professional assistance or a structured approach to the process.

At our firm, we’ve designed services specifically to address these challenges.

We specializes in Canada immigration spouse sponsorship and common-law sponsorship with many case studies. We’re here to help you build a strong case to maximize your chance of a successful case.

Don’t let the complexity of the process hold you back from reunite with your love in Canada.

Email us today for expert guidance!

FAQ

1 / Am I eligible to sponsor my spouse or common-law partner?

You must be a Canadian citizen or permanent resident and meet all sponsorship requirements, including proof of a genuine relationship.

2 / Can same-sex couples apply for sponsorship?

Yes, same-sex couples are fully eligible for both spousal and common-law sponsorship Canada under Canadian law.

3 / Is there an income requirement for sponsorship?

While there is no minimum income requirement for spousal or common-law sponsorship, sponsors must show financial stability to support their partner.

4 / How can I prove my common-law relationship?

You’ll need to provide evidence of living together for at least 12 months.

Proof of common-law relationship Canada includes joint leases, shared financial accounts, utility bills, and affidavits from friends or landlords.

5 / How long does the application process take?

The spousal sponsorship processing time varies between 12 to 24 months, depending on the case’s complexity and whether it’s inland or outland.

6 / Do I need to stay in Canada during the inland process?

We advise inland applicants to remain in Canada while the application is being processed to avoid jeopardizing their application.
While there is no restriction on travel, reentry back into Canada is not guaranteed and if you are denied entry, the whole application would be voided.

7 / Can I work in Canada while my sponsorship application is processed?

Inland applicants may qualify for an open work permit, allowing them to work while awaiting the decision.

8 / What is the difference between inland and outland sponsorship?

Inland Applications:

Filed when BOTH partners are in Canada.
The sponsored partner may qualify for an open work permit, allowing them to work during the processing time.
Inland applicants must remain in Canada throughout the process; leaving the country could jeopardize their application.

Outland Applications:

Filed when the sponsored partner resides outside Canada.
These applications are processed through the visa office in the partner’s home country or country of residence.
Outland applicants can travel in and out of Canada while the application is in progress, though they may face challenges re-entering depending on their status.

9 / What happens if my application is refused?

You may appeal the decision or consider reapplying with stronger evidence. Professional advice is recommended in such cases.

10 / Do I need a lawyer or consultant to file my application?

While not mandatory, a professional common-law and spousal sponsorship application guide can simplify the process and improve the chances of meeting all requirements successfully.