Family reunification is one of the key pathways for newcomers to Canada, second only to economic immigration. In 2024, Immigration, Refugees, and Citizenship Canada (IRCC) is expected to welcome 114,000 new permanent residents through family sponsorship programs. This includes spousal sponsorship, dependent children, parents, and grandparents.
Sponsoring a spouse or partner allows foreign nationals to join their Canadian citizen or permanent resident spouse, common-law, or conjugal partners in Canada and eventually become permanent residents.
Two Pathways for Spousal Sponsorship
There are two main options for spousal sponsorship: Inland and Outland. Inland sponsorship is for those applying within Canada, while Outland sponsorship is for those applying from outside Canada. Both options have specific requirements.
Eligibility Criteria for Sponsors:
To qualify as a sponsor, you must:
- Be at least 18 years old.
- Be a Canadian citizen or permanent resident living in Canada.
- Not be in prison, bankrupt, under a removal order, or charged with a serious offense.
- Not have been sponsored to Canada as a spouse within the last five years.
As a sponsor, you must sign a financial undertaking, which legally binds you to support your spouse or partner for up to three years, even if the relationship ends. This support includes basic needs like food, shelter, clothing, dental care, and other essential health services not covered by public health programs.
Types of Relationships:
- Spouse: Legally married.
- Common-law Partner: A relationship where partners have lived together for at least 12 consecutive months in a marriage-like relationship.
- Conjugal Partner: A committed relationship lasting over 12 months where there are barriers to cohabitation, such as immigration or cultural obstacles.
IRCC has a processing standard of 12 months for both Inland and Outland spousal sponsorship applications.
Inland Sponsorship
For Inland sponsorship, the foreign national must have valid temporary resident status (visitor, work, or study permit) in Canada. Additionally, they may be eligible to apply for a Spousal Open Work Permit (SOWP) when submitting their permanent residence application.
Spouses and common-law partners must live together at the time of application, and conjugal partners are not eligible for Inland sponsorship. Applicants are advised not to leave Canada during the process, as re-entry might not be guaranteed, especially if they need a visitor visa.
Outland Sponsorship
Outland sponsorship is suitable for couples who cannot live together in Canada. The sponsor usually resides in Canada, while the foreign national can travel back and forth while waiting for their application to be processed. This pathway may be preferable for those who need to leave Canada during the application process.
By following these guidelines, couples can ensure a smoother process for reuniting and securing permanent residency in Canada.