Permanent Residence – Sponsorship Spouse

Canadian Immigration

Permanent Residence

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If you are a Canadian citizen or permanent resident, you may sponsor your spouse, common-law partner or conjugal partner, or dependent children to come to Canada as permanent residents. To be a sponsor, you must be 18 years of age or older.

You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.

You can also apply as a sponsor if your spouse, common-law or conjugal partner, or dependent children live outside Canada, and if they meet all the requirements.

When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements. If you have previously sponsored relatives to come to Canada and they have later turned to the government for financial assistance, you may not be allowed to sponsor another person. Sponsorship is a big commitment, so you must take this obligation seriously.

Sponsorship requirements:

You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. This agreement also says the person becoming a permanent resident will make every effort to support her or himself.
You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident.
You must provide financial support for a dependent child for 10 years, or until the child turns 25, whichever comes first.

You may not be eligible to be a sponsor if you:

failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
defaulted on a court-ordered support order, such as alimony or child support
receive government financial assistance for reasons other than a disability
were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a record suspension (formerly called “pardons” in Canada), was issued
were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than 5 years ago (See Five-year Sponsorship Bar for persons who were sponsored to come to Canada as a spouse or partner below)
defaulted on an immigration loan—late or missed payments
are in prison or
have declared bankruptcy and have not been released from it yet.

Other factors not included in this list might also make you ineligible to sponsor a relative.

If you live in Quebec, you must also meet Quebec’s immigration sponsorship requirements, after Citizenship and Immigration Canada approves you as a sponsor.

Five Year Sponsorship bar for persons who were sponsored to come to Canada as a spouse and partner

On March 2, 2012, changes to the eligibility requirements for sponsors came into force. These changes bar a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a permanent resident, even if the sponsor acquired citizenship during that period. Other members of the family class will not be affected by the regulatory changes.

Scenarios for previously sponsored spouses/partners

Sponsorship application received prior to March 2, 2012 >>>Not subject to the 5-year sponsorship bar regardless of the date on which the sponsor became a permanent resident
Sponsorship application received on or following March 2, 2012 >>>Subject to the 5-year sponsorship bar

Conditional Permanent Resident Measure

Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:

You are being sponsored by a permanent resident or Canadian citizen
You have been in a relationship for two years or less with your sponsor
You have no children in common
Your application was received on or after October 25, 2012

WORK IN CANADA

Effective December 22, 2014, eligible spouses or common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed.
Citizenship and Immigration Canada (CIC) will issue open work permits to certain spouses or common-law partners who are applying for permanent residence from inside Canada, before the approval in principle decision on their application is made.

AGE OF DEPENDENT

Effective August 1, 2014, Citizenship and Immigration Canada has changed its definition of a dependent child for its immigration programs. A dependent child must be under 19 years of age, instead of the previous limit of under 22 years of age.