Sponsoring Your Spouse or Common-Law Partner to Canada
By WelcomeAide Team
Sponsoring Your Spouse or Common-Law Partner to Canada
Family reunification is one of the cornerstones of Canada's immigration policy, and the spousal and common-law partner sponsorship program is among the most used pathways to permanent residence in the country. If you are a Canadian citizen or permanent resident, you may be able to sponsor your spouse, common-law partner, or in some cases your conjugal partner, to come and live with you in Canada as a permanent resident.
See also: How to Apply for Canadian Permanent Residence
This guide explains who can sponsor, who qualifies to be sponsored, the difference between inland and outland applications, what documents you need, how open work permits work, what the processing times look like, and the most common errors that delay or derail applications.
Who Can Be a Sponsor?
To sponsor your spouse or partner, you must meet all of the following criteria:
- You must be a Canadian citizen or a permanent resident of Canada.
- You must be at least 18 years old.
- You must be living in Canada, or if you are a Canadian citizen living abroad, you must intend to live in Canada when your sponsored partner becomes a permanent resident.
- You must not be in receipt of social assistance for reasons other than a disability.
- You must not have defaulted on a previous immigration undertaking (for example, if you sponsored someone before and they received government assistance, you could be in default).
- You must not be under a removal order, in prison, or charged with or convicted of certain serious offences (especially those involving violence, sexual assault, or crimes against a family member).
- You must not have declared bankruptcy that has not yet been discharged.
- You must not have previously sponsored a spouse or partner who became a permanent resident within the last five years.
Note that unlike many other sponsorship categories, there is no minimum income requirement for spousal sponsorship. You do not need to earn above the Low Income Cut-Off (LICO) to sponsor your spouse or common-law partner.
Who Can Be Sponsored?
Your sponsored person must fall into one of three categories:
Spouse
A spouse is a person you are legally married to. The marriage must be legally valid both in the country where it took place and in Canada. This includes same-sex marriages. Marriages performed by proxy, telephone, fax, or internet, where one or both parties were not physically present, are generally not recognized unless the marriage is valid under Canadian law and the laws of the country where it occurred.
Common-Law Partner
A common-law partner is a person you have been living with in a conjugal (marriage-like) relationship for at least 12 consecutive months. Brief separations for travel, work, or family reasons do not break the continuity of cohabitation, but you must be able to demonstrate that you have genuinely been living together. Same-sex common-law partnerships are fully recognized.
Conjugal Partner
A conjugal partner is a person outside Canada with whom you have been in a conjugal relationship for at least one year, but who could not live with you or marry you because of an immigration barrier or because same-sex relationships were not recognized in their country. This category is relatively uncommon and has a high evidentiary bar. It is not meant for couples who simply choose not to marry or live together.
Inland vs. Outland Sponsorship: What Is the Difference?
One of the most important decisions you will make when applying is whether to use the inland or outland route. Understanding the difference is essential.
Inland Sponsorship (IMM 5539 package)
Inland sponsorship is for couples where the sponsored spouse or partner is already living in Canada with a valid status (as a visitor, student, or worker). Both the sponsor and the sponsored person submit their applications together to IRCC while the sponsored person is in Canada. A major advantage of the inland route is that the sponsored person can apply for an open work permit (OWP) while the application is being processed, allowing them to work legally in Canada. The sponsored person should not leave Canada during the inland process without careful consideration, as it may complicate the application or require switching to the outland stream.
Outland Sponsorship (IMM 5289 package)
Outland sponsorship is for couples where the sponsored person is living outside Canada, or where the couple prefers this route even if the sponsored person is in Canada. The sponsorship portion is processed by IRCC in Canada, while the permanent residence application is processed by a visa office outside Canada based on the sponsored person's country of residence. An advantage of outland sponsorship is that the sponsored person can continue to travel in and out of Canada during processing. The sponsored person may also apply for a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA) to visit Canada while waiting.
Required Documents
While the exact document list varies by situation, a typical spousal sponsorship application includes:
- Sponsor application forms: IMM 1344 (Application to Sponsor, Sponsorship Agreement and Undertaking), IMM 5481 (Sponsorship Evaluation), and IMM 5532 (Relationship Information and Sponsorship Evaluation) for the sponsor
- Sponsored person forms: IMM 0008 (Generic Application Form for Canada), IMM 5669 (Schedule A), IMM 5406 (Additional Family Information)
- Proof of sponsor's citizenship or permanent residence
- Proof of the relationship: marriage certificate (for spouses), evidence of cohabitation such as shared lease agreements, utility bills, bank accounts, and affidavits (for common-law partners)
- Evidence of genuine relationship: photos together over time, correspondence history (messages, emails, call logs), evidence of joint finances, statutory declarations from people who know you as a couple
- Passports and travel history for both parties
- Police clearance certificates for the sponsored person from every country of residence since age 18
- Medical exam results (the sponsored person must visit an IRCC-designated physician)
- Two passport-size photos per applicant
- Processing fees payment
For more details on the medical exam process, see our related guide: Immigration Medical Exam Guide for Canada.
Open Work Permits During Processing
One of the most valued features of inland spousal sponsorship is the ability for the sponsored person to apply for an open work permit (OWP) while their permanent residence application is being processed. To be eligible for this OWP, the application must have passed the initial eligibility and completeness review, and the sponsored person must be in Canada with valid status. The OWP allows the sponsored person to work for any employer in Canada. You can check the current processing time for these work permits at the IRCC processing times page.
See also: Canada Student Visa Guide
Processing Times and Fees
IRCC has committed to processing 80% of spousal sponsorship applications within 12 months. In practice, processing times vary depending on the volume of applications, the completeness of your submission, and whether additional documents or interviews are requested. Check current times at the IRCC website regularly.
Government fees include:
- Sponsorship application fee: $75 CAD
- Principal applicant processing fee: $490 CAD
- Right of Permanent Residence Fee: $515 CAD (can be deferred)
- Biometrics: $85 CAD per person
Common Mistakes in Spousal Sponsorship Applications
- Insufficient proof of genuine relationship: IRCC officers look carefully for evidence that the relationship is real and not entered into for immigration purposes. Thin evidence is the most common reason for refusals.
- Leaving Canada during inland processing without a valid status: If the sponsored person's status expires and they leave Canada, the inland application may be refused or converted to outland, causing significant delays.
- Incomplete forms: Every question on every form must be answered. Leaving blanks (even for questions that seem not to apply) can result in a returned application.
- Not declaring children: All children of both the sponsor and the sponsored person must be declared, even if they are not being sponsored or do not plan to come to Canada.
- Not updating IRCC on address or status changes: If you move or your contact information changes after submitting, you must notify IRCC immediately using the webform on their website.
Practical Next Step: Download the correct application package from IRCC's spouse or partner sponsorship page. Read the instruction guide thoroughly before filling out any forms, and use the checklist provided. You can also use IRCC's official web form for case-specific questions. For your supporting evidence package, review our related guides on spousal sponsorship evidence, immigration medical exams, and biometrics requirements.
Related Resources
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