Canadian citizens and Permanent Residents can sponsor their spouses, common-law partners, or conjugal partners for permanent residence. Although the concept of spousal sponsorship might appear straightforward, in practice, it can be complicated and confusing. Sponsors and their loved ones might face unexpected delays or even refusals. The primary step in sponsoring your spouse is to determine your eligibility to be a sponsor and your loved one’s eligibility to be sponsored. Today, we will discuss the eligibility criteria for spousal sponsorship in Canada. 

So, without further ado, let us begin! 

Determining Eligibility 

Below are the eligibility criteria for spousal sponsorship in Canada. Take a look!

1. Sponsors 

You can sponsor your spouse, conjugal partner, or common-law partner, for Canadian immigration if you meet the following requirements:

• Are at least 18 years of age 
• Are a Canadian citizen 
• Are either residing in Canada or a Canadian citizen living outside Canada who can provide proof that you will move to Canada once your sponsored becomes a permanent resident
• Are willing and able to sign an undertaking for three years from the day your spouse obtained PR status, promising to give financial support for their basic needs
• Are not eligible 

Note that Quebec residents looking to sponsor their spouses will need to meet Quebec’s immigration sponsorship requirements after they are approved to be sponsors. They must also sign an undertaking with the province of Quebec and have their income assessed by the Quebec Ministry of Immigration.   

Who Is Not Eligible To Sponsor Their Spouse? 

Along with meeting the eligibility criteria for spousal sponsorship in Canada, you must not fall into any of the situations that render you ineligible. 

You are not eligible to sponsor your spouse, common-law, or conjugal partner if you: 

• Were sponsored by spouse/ common-law partner and gained PR status less than five years ago
• Have signed an undertaking for a previous spouse/ partner who has not been a permanent resident for more than three years
• Are financially responsible for a previous spouse/ partner, and therefore, still bound by the three-year undertaking to care for this person
• Are in default on an immigration loan, performance bond, or on court-ordered family support payments
• Failed to provide the financial support that you initially agreed to when applying to sponsor someone in the past 
• Are obtaining social assistance for any reason other than a disability 
• Were convicted of, or threatened or attempted to commit, a violent crime, a sexual offense, or an offense causing bodily harm to a relative 
• Are in a penitentiary, reformatory, jail, or prison
• Have already applied to sponsor our present spouse and haven’t obtained a decision
• Can’t legally stay in Canada due to being subject to a removal order

Note that these criteria do not apply to sponsors who are residents of Quebec. 

2. The Sponsored 

Canadian permanent residents as well as citizens can sponsor their spouse, common-law partner, or conjugal partner.   

The person sponsored should be at least 18 years old, and the qualifying relationship must be established with established criteria: 

Relation Type	Definition
Spouse	Legally married to the sponsor
Common-Law Partner	Has been living with the sponsor in a conjugal relationship continuously for at least one year
Conjugal Partner	– Has been in a conjugal relationship with the sponsor for at least a year; – Lives outside of Canada; and – Cannot live with the sponsor as a couple because of reasons outside their control

For spouses, the marriage should be legally recognized in the nation in which it took place and must be legally recognized in Canada. Both spouses should have been physically present at the marriage ceremony. 

For a common-law partnership, the partners should demonstrate a significant commitment to one another, including: 

• Sharing the same home
• Supporting one another financially and emotionally 
• Presenting themselves in public as a couple 

Having children together would also help you demonstrate a common-law relationship. 

For a conjugal partner, the partner should demonstrate: 

• A significant degree of attachment as well as mutual interdependence 
• Obstacles/ restrictions that prevent the couple from marrying or living together 

Some examples of obstacles or restrictions include immigration barriers, religious restrictions, and legal or cultural restrictions relating to sexual orientation. In most cases, the foreign conjugal partner is not able to legally marry the sponsor. 

In most cases, the person being sponsored should be admissible to Canada. 

If the spouse/ common-law partner resides in Canada, they must have a valid temporary resident status or should be exempt from requiring that status on account of a public policy set out in 2005 under A25 (1) of the Immigration and Refugees Protection Act.  

This public policy allows spouses or common-law partners without valid temporary resident status to come to Canada even if they are inadmissible to Canada on account of having: 

• Overstayed a visa, visitor record, work permit, or study permit 
• Worked or studied in Canada without legal status
• Entered Canada without the required visa or other document
• Entered Canada without a valid travel document 

The sponsored partner should have valid documents by the time they obtain permanent residence. 

What Privileges Are Afforded By Permanent Residence?     

In addition to the eligibility criteria for spousal sponsorship in Canada, let us discuss the privileges afforded by permanent residents. 

Well, a permanent resident is an individual who has got the legal right to live in Canada on a permanent basis through immigration, while remaining a citizen of another country. Though permanent residents are not Canadian citizens, they share many of the same rights and privileges as citizens. 

What Can Permanent Residents Do In Canada? 

Permanent residents enjoy numerous rights and freedoms in Canada, which include: 

• Accessing most social benefits available to Canadian citizens, such as healthcare coverage and education
• The ability to live, work, and study anywhere in Canada
• The option to apply the Canadian citizenship 
• The protection and guarantees provided by the Canadian Charter of Rights and Freedom 

What Permanent Residents Cannot Do? 

There are specific restrictions on what permanent residents can do in Canada. These include: 

• The inability to vote in political elections at the provincial or federal level 
• Being ineligible for certain jobs that require high-level security clearance 

If a permanent resident acquires Canadian citizenship through immigration or naturalization, they will have all the same rights and privileges of natural-born Canadian citizens. 

To transition from permanent residence to citizenship, newcomers should: 

• Have lived in Canada for three of the last five years
• Have filed their tax returns for applicable years 
• Pass a test on their rights and responsibilities in the country and knowledge of Canada’s culture and history 
• Prove their language proficiency by taking an approved language test
• Take the Oath of Citizenship

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490, or you can drop us an email at [email protected].  

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