Spousal Sponsorship
What is spousal sponsorship?
Spousal sponsorship is a permanent residence application that allows a Canadian citizen or permanent resident to sponsor their spouse or partner to live in Canada permanently. The central legal test in every case is whether the relationship is genuine and not entered into primarily for immigration purposes.
Who can sponsor a spouse or partner?
A sponsor must be a Canadian citizen or permanent resident, be at least 18 years old, and either reside in Canada or demonstrate an intention to return to Canada if living abroad. The sponsor must not be receiving social assistance other than for disability, must not be in default of a previous sponsorship, immigration loan, or court ordered support payments, and must not be an undischarged bankrupt. Certain criminal convictions and prior sponsorship history can also make a sponsor ineligible.
Who can be sponsored?
You may sponsor a legally married spouse, a common law partner if you have lived together continuously for at least 12 months, or in limited cases a conjugal partner where marriage or cohabitation was not possible due to serious legal or practical barriers. Choosing the wrong category is a common reason for refusal.
Inland vs outland sponsorship
Spousal sponsorship can be filed as either an inland or outland application depending on where the sponsored person lives. Inland applications allow the possibility of a spousal open work permit but generally do not carry a right of appeal if refused. Outland applications usually provide a right of appeal and may process faster, depending on the country involved. The choice should be strategic, not automatic.
What does IRCC actually assess?
IRCC officers assess the relationship as a whole. They look at how the relationship developed, how the couple lives their life, how finances and responsibilities are shared, and whether the evidence is consistent with the couple’s background, culture, and personal circumstances.
What proof does IRCC expect to see?
There is no single required document. Officers expect a combination of evidence showing a shared life. This often includes proof of cohabitation, joint finances, communication records, travel history together, photos over time, statements from friends and family, and documents showing shared responsibilities. The evidence must support a coherent and believable relationship narrative.
Is marriage alone enough?
No. A marriage certificate by itself is never sufficient. Even long marriages can be refused if the supporting evidence is weak, inconsistent, or does not align with the relationship timeline.
What are common mistakes that lead to refusal?
Most refusals are credibility based. Common problems include generic relationship explanations, overreliance on photos or chat logs without context, unexplained gaps in timelines, inconsistencies between forms and documents, failure to explain age, cultural, or language differences, and assuming that volume of evidence matters more than clarity.
What can you do if your application was refused?
A refusal does not mean approval is impossible. However, reapplying without addressing the officer’s concerns almost always results in another refusal. The first step is understanding why the application failed and identifying the credibility issues that were not properly addressed.
How much does spousal sponsorship representation cost?
Legal fees depend on the complexity of the relationship, prior refusals, and whether appeal or judicial review options are being considered. Most spousal sponsorship files range from CAD 3,000 to CAD 4,000. Government fees are paid separately to IRCC.
How long does spousal sponsorship take?
Processing times vary based on the sponsorship stream, country of residence, and complexity of the file. Published IRCC timelines are averages and do not reflect the processing time of every case.
Our scope of services
Our work includes a full assessment of sponsor eligibility and relationship history, identification of risk factors, and development of a clear legal strategy. We prepare and review all forms and supporting documents, advise on evidence selection and presentation, draft detailed legal submissions where required, and manage the application from start to finish. Where appropriate, we also advise on appeals and judicial review options.
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