Spouses, Common-Law Partners, & Conjugal Partners
Who is an eligible sponsor?
An eligible sponsor must be:
At least 18 years of age;
A Canadian citizen or a permanent resident of Canada;
Not in receipt of social assistance for any reason other than disability; and
Able to prove that they can meet the basic needs for:
Themselves;
Their spouse or partner;
The dependent children of their spouse or partner (if applicable); and
Their dependent children.
What makes a sponsor ineligible?
A sponsor may be ineligible to sponsor their spouse, partner or dependent child for Canadian permanent residence if they:
have already applied to sponsor their spouse, partner or dependent child and a final decision has not been made on that application;
are in default of an undertaking;
have not paid back an immigration loan, a performance bond or court ordered spousal support or child support;
are in jail, prison or a penitentiary;
have not been discharged from bankruptcy if they declared bankruptcy;
are receiving any type of social assistance except for disability;
there is a removal order against them; or
they have been convicted of certain type of criminal offences.
Additionally, the sponsor may be ineligible to sponsor their spouse or partner for Canadian permanent residence if:
They became a permanent resident themselves less than five years ago and were sponsored as a spouse or partner; or
Their previous spouse or partner recently became a permanent resident of Canada and they are still financially responsible for them as a result of an Undertaking.
If the sponsor is receiving maternity, parental or sickness benefits under the Employment Insurance Act, they are still eligible to sponsor because these benefits are considered income.
Who can I sponsor?
An eligible sponsor can sponsor a spouse, common-law partner, dependent children, parents and grandparents. In some very limited exceptions, other relatives can be sponsored.
Marriage - what is legally recognized?
A marriage is considered legal for Canadian immigration purposes if it is legal in the jurisdiction where it took place.
Common-law - what does it mean?
Common-law partners are those who have lived together in a marriage-like relationship for at least one continuous year. Common-law partners do not have be currently living together to qualify as common-law partners in immigration as long as they met the definition of common-law at some point in the past and maintained their relationship.
Conjugal partners - what does it mean?
A conjugal relationship is one where two individuals are interdependent upon each other financially, socially, emotionally, and physically. There must be a significant degree of attachment between two partners. There are many factors considered to determine whether the partners are actually in a conjugal relationship.
You may be eligible to sponsor your conjugal partner to Canada if your partner does not reside in Canada. As a sponsor, you must have been in a conjugal relationship with your partner residing outside of Canada for at least one year and have been unable to live as a couple due to reasons beyond your control. Examples of these reasons may be: immigration barriers, sexual orientation or religious reasons, just to name a few.
The conjugal partner of a Canadian citizen or permanent resident cannot be living in Canada at the time of the sponsorship.
Are same-sex marriages and same-sex relationships recognized?
Yes, same-sex marriages and same-sex relationships are recognized under Canadian law. In order for a valid marriage to exist, the marriage must be legal where it took place.
Is there a minimum income requirement to sponsor a spouse or partner?
In most situations, there is no income requirement to sponsor a spouse, partner or dependent child. However, the sponsor may need to show that they have sufficient funds to meet the low-income-cut-off (LICO) requirement if they are sponsoring a:
Spouse who has a dependent child and their dependent child has one or more dependent children of their own;
Partner who has a dependent child and their dependent child has one or more dependent children of their own; or
The dependent child has one or more dependent children of their own.
The minimum LICO is set each year by the government.
The sponsor must promise to financially take care of the sponsored individual for a certain period of time. This promise is called an Undertaking. If the sponsor signs an Undertaking, the sponsor is committing to provide financial support for their sponsored family member from the moment the sponsored family member becomes a permanent resident of Canada. Also, should the sponsored family member receive any provincial social assistance during the term of the Undertaking, the sponsor is responsible to repay any assistance received by the sponsored family member.
During the Undertaking period, a Sponsorship Agreement is entered into between the sponsor and the sponsored individual. In accordance to this Sponsorship Agreement, the sponsor must provide for the basic needs of the sponsored family member and the sponsored family member agrees to make every effort to support themselves and their family members.
If the sponsored family member received social assistance or welfare during the Undertaking period, the sponsor is ineligible as a sponsor if they have not repaid the social assistance or welfare received by the sponsored family member. The sponsor may be able to qualify as a sponsor should they repay the debt to the satisfaction of the government authority that issued the social assistance or welfare.
If I am a Canadian citizen living outside of Canada, can I sponsor my spouse, partner or dependent child for Canadian permanent residence?
A Canadian citizen living outside of Canada may be able to sponsor their spouse, partner or dependent child for Canadian permanent residence if they show that they plan to live in Canada once the sponsored family member becomes a permanent resident of Canada.
If the Canadian citizen does not plan to live in Canada once their sponsored spouse, partner or dependent child becomes a Canadian permanent resident, they are not eligible as a sponsor.
Canadian permanent residents who are not living in Canada cannot sponsor their spouse, partner or dependent child from outside of Canada. They must be in Canada at the time of submitting the sponsorship application.