canada perminent residence marriage
December 3, 2023 Dükkancılar Law 0 Comments

Canada stands as a beacon of inclusivity in its immigration policies, offering a pathway for Canadian citizens and permanent residents to reunite with their spouses or common-law partners through the Spousal Sponsorship Program. The program is designed to foster family unity and strengthen social bonds within the country. This article seeks to provide an in-depth exploration of the Canadian Spousal Sponsorship application process, covering key elements such as eligibility criteria, required documents, and the step-by-step journey applicants will undertake.

There are two types of spousal sponsorship applications: Inside and Outside Canada Spousal Sponsorship

1-Inside Canada Sponsorship Application

Inside Canada Spousal Sponsorship is designed for individuals who are already in Canada, either as temporary residents in Canada such as visitor, worker, student or individuals with legal status. The application is processed within Canada, allowing the sponsored spouse to remain in the country throughout the process.

The sponsored spouse may also be eligible for an open work permit, allowing them to work while the application is being processed.

2-Outside Canada Sponsorship Application

Outside Canada Spousal Sponsorship is for couples where the sponsored spouse is residing outside of Canada. The application is processed at a Canadian visa office abroad, usually in the country where the sponsored spouse resides. Once approved, the sponsored spouse obtains permanent residence and can travel to Canada.

Eligibility Criteria:

Before delving into the intricacies of the Spousal Sponsorship application, it is imperative to ensure that both the sponsor and the sponsored partner meet the eligibility criteria outlined by Immigration, Refugees and Citizenship Canada (IRCC). These criteria include:

Sponsor Eligibility:

A sponsor must meet the following eligibility requirements:

-Having Canadian citizenship, permanent residency, or registration as an Indian under the Canadian Indian Act.

-Living in Canada. If you don’t live in Canada as a Canadian citizen residing outside of Canada, it is a requirement to demonstrate an intention to live in Canada once the sponsored relative becomes a permanent resident. However, individuals who are permanent residents themselves and living outside of Canada are not eligible to sponsor someone. The eligibility criteria for sponsorship depend on the sponsor’s immigration status and location.

-Meeting the age requirement of at least 18 years.

-No incarceration, bankruptcy, or active removal order.

– Not receiving social assistance for reasons other than a disability

-Fulfilled all child or spousal support payment obligations from the previous relationship

-Was not sponsored to come to Canada as a spouse or partner within five years of becoming a   

  permanent resident.

– Did not sponsor a previous spouse or partner in last three years

-Paid back any immigration loan

Sponsored Partner Eligibility:

Relationship to the sponsor as a spouse, common-law partner, or conjugal partner.

Minimum age of 18 years.

A clean criminal record and no threat to Canadian security.

Application Process:

The journey through the Spousal Sponsorship application process involves several pivotal steps, necessitating meticulous attention to detail and adherence to stipulated timelines. The main stages are as follows:

1-Determine Eligibility and Relationship:

-Thoroughly confirm the eligibility of both the sponsor and the sponsored partner.

-Compile compelling evidence that substantiates the authenticity of the relationship, including photographs, letters, and additional supporting documents.

2-Submit the Sponsorship Application:

-The sponsor initiates the application process by submitting the sponsorship application to IRCC.

-Fulfill the requisite fees, covering the sponsorship fee and the principal applicant fee.

3-Processing Time:

-Although processing times vary, applicants can typically expect a wait of several months.

-Applicants can monitor the status of their application online through the IRCC portal.

4-Complete the Permanent Residence Application:

-After sponsorship approval, the sponsored partner can proceed to apply for permanent residence in Canada.

-Submission of necessary documents, including medical examinations and police certificates.

5- Decision and Landing:

-Upon approval, the sponsored partner receives a confirmation of permanent residence (COPR) and can proceed to land in Canada.

Important Documents:

The success of a Spousal Sponsorship application hinges on the accurate and complete submission of documentation. Crucial documents include:

1-For the Sponsor:

Proof of Canadian citizenship or permanent residency.

Evidence substantiating the relationship with the sponsored partner such as proof of joint ownership of residential property, rental agreement showing both you and your spouse as occupants of a rental property, joint bank account, letters, text messages between the sponsor and sponsored party.

Financial documents demonstrating the ability to support the sponsored partner such as tax returns, paystubs, or a letter from your employer.

Bank statements

Financial Evaluation Form ( only applicable if the you are you’re sponsoring a dependent child that has 1 or more dependent children of their own, or you’re sponsoring a spouse or partner that has a dependent child, and their dependent child has 1 or more children of their own.) Also, please see the minimum income requirement table for 2023 below you need to meet for sponsorship application if you also sponsor a dependent child)

Table 1 – Low Income Cut-Off (LICO)
Size of Family UnitMinimum necessary income
1 person (the sponsor)$27,514
2 persons$34,254
3 persons$42,110
4 persons$51,128
5 persons$57,988
6 persons$65,400
7 persons$72,814
More than 7 persons, for each additional person, add$7,412

2-For the Sponsored Partner:

Passport and other travel documents.

Police certificates from all places resided since the age of 18.

A copy of marriage certificate

Passport photographs

A copy of civil registry records or birth certificate

Original sponsorship letter


The Canadian Spousal Sponsorship application process is a substantial undertaking that demands meticulous planning and adherence to immigration regulations. As a cornerstone of Canada’s immigration policy, the program exemplifies the country’s commitment to family reunification. Prospective sponsors and their partners should approach the process with careful consideration, ensuring a thorough understanding of the requirements to facilitate a smooth and successful application process. The Spousal Sponsorship Program not only serves as a gateway to permanent residence but also as a testament to Canada’s dedication to fostering strong familial ties within its borders. As an experienced Canadian immigration lawyer in this area, Burak Dukkancilar can help you to reunite with your spouse or partner. Hence, you can start a new life in Canada.