Family reunification is a key pathway for newcomers to Canada, ranking second after economic immigration. In 2024, IRCC aims to welcome 114,000 new permanent residents through family sponsorship programs. These include the Spousal Sponsorship in Canada, as well as sponsorship for children, dependents, parents, and grandparents.

To join their Canadian citizen or permanent resident spouse, common-law partner, or conjugal partner in Canada, foreign persons can sponsor their spouse in order to eventually become permanent residents themselves. In Canada, spousal sponsorship can be obtained through two main channels: inland sponsorship for applicants from within the country and outland sponsorship for those from outside.

To qualify as a sponsor, individuals need to fulfill specific requirements, such as:

  • Having reached the age of 18;
  • Possessing a Canadian passport or being a permanent resident of Canada;
  • Not facing significant charges, being imprisoned, insolvent, or subject to a removal order;
  • Not having received a spouse sponsorship to enter Canada in the previous five years.

In addition, sponsors must be prepared to sign a financial obligation, which binds them to sustain their common-law partner or spouse who is a foreign citizen by meeting their basic needs for a maximum of three years, even in the event of a breakup.

As to Immigration, Refugees and Citizenship Canada (IRCC), the following are considered basic needs: 

  • Food, clothing, shelter, and other necessities for daily living;
  • Dental care, eye care, and other health needs not covered by public health services.

Relationship Status is a crucial factor in determining eligibility for Canadian citizenship pathways. The following relationships are recognized:

Legally Married Spouse: Individuals who are legally married to a Canadian citizen or permanent resident are eligible for spousal sponsorship.

Common-Law Partner: A common-law partner is someone who has lived with the Canadian citizen or permanent resident in a marriage-like relationship for at least 12 consecutive months. This includes sharing responsibilities like finances, household chores, and raising children.

Conjugal Partner: A conjugal partner is a person who has been in a committed relationship with a Canadian citizen or permanent resident for more than 12 months, but has been unable to cohabitate due to obstacles such as immigration barriers or cultural or religious beliefs.

IRCC has set a service standard of 12 months for processing spousal sponsorship applications, both for those submitted from within Canada (Inland) and those submitted from outside Canada (Outland). This means that IRCC aims to process these applications within 12 months. However, it’s important to note that this is an average timeframe and individual processing times may vary.

Understanding Inland sponsorship 

Temporary Resident Status: Individuals applying for Inland spousal sponsorship must ensure that their foreign national partner has a valid temporary resident status in Canada. This could be as a visitor, a worker with a work permit, or a student with a study permit.

Spousal Open Work Permit (SOWP): If the foreign national is already living in Canada, they may be eligible to apply for a SOWP concurrently with their permanent residence application. This allows them to work legally in Canada while their permanent residence application is being processed.

Living Together: Spouses and common-law partners must be living together in Canada at the time of the Inland sponsorship application. This requirement does not apply to conjugal partners, who are not eligible for Inland sponsorship.

Leaving Canada: IRCC recommends that individuals applying for Inland sponsorship do not leave Canada during the application process. If they do leave, there is a risk of being unable to re-enter, especially if they require a visitor visa.

Outland sponsorship 

Outland sponsorship is a suitable option for couples who are unable to live together in Canada. This pathway is available to spouses, common-law partners, and conjugal partners who meet all the necessary requirements for spousal sponsorship.

Sponsor’s Residence: Typically, the sponsor resides in Canada while the foreign national lives abroad. During the application process, the foreign national may travel back and forth to Canada.

Temporary Absence: Outland sponsorship is particularly useful for sponsored partners who are currently in Canada but anticipate needing to leave and return during the application process. This could be due to work, family, or other reasons.