Under Canadian immigration law, a Canadian citizen or permanent resident can sponsor their partner for permanent residence. In the course of the application, the Canadian Citizen and the foreign national must be approved by Immigration, Refugees and Citizenship Canada (IRCC). Both parties must prove that their relationship can be defined under three categories.
- Common-law Partner
- Conjugal Partner
Under the above categories, same-sex partners are also eligible to apply, provided that they meet all other requirements.
The requirements for sponsors are:
- The sponsor must be at least 18 years of age
- The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen
- The sponsor cannot be in prison, under a removal order, or charged with a serious offence
- The sponsor cannot be bankrupt and is required to show proof of income or funds
- If the sponsored person is 18 years of age, and already lives with you – it must be proven with corresponding documentation (ex. bills, lease agreement, etc.)
- The sponsor cannot have been sponsored to come to Canada within the last 5 years
The sponsored person must meet the following requirements:
- The sponsored person must be at least 16 years of age
- The sponsored person cannot be too closely related by blood to the sponsor
During the application process, you will be required to attach documentation proving your marital status, receipts, and bills proving your cohabitation.
You cannot apply to be a sponsor under Spousal Sponsorship if:
- You are a permanent resident living outside Canada
- You have outstanding debts on an immigration loan, performance bond, family support payment, or are bankrupt
- You have failed to provide for the basic needs of a previously sponsored relative
- You are in a jail, prison, reformatory, penitentiary, or under a removal order
- You receive social assistance for a reason other than a disability
- You were convicted of a violent or sexual offence, caused bodily harm, or threatened to commit any of these offences.
- You plan on sponsoring an inadmissible person (someone who is a threat to Canadian society, has a criminal record, has outstanding debts or warrants outside of Canada)