How does spousal sponsorship work in Canada?

Canadian citizens or permanent residents can sponsor their spouses (husband or wife) or their common-law partners (who they have lived together with for at least one year) for permanent residence in Canada. This application can be made in-Canada if the spouse or partner is residing in Canada. Otherwise the application will process through the visa office that serves the spouse or partner’s country of residence.

Can you withdraw a spousal sponsorship application?

The Canadian sponsor may withdraw their sponsorship during the processing of the application. However, once the sponsored spouse or partner receives their permanent residence, the sponsorship may no longer be withdrawn.

Where can you submit a spousal sponsorship application?

There are two streams of spouse / partner sponsorships. The first is the in-Canada process where the foreign spouse or partner is present in Canada, and where the application will be filed and processed through an immigration office in Canada. The second is the outside of Canada process where the foreign spouse or partner is residing outside of Canada, in which case the application will be filed and processed through the Canadian visa office that serves their country of nationality. These visa offices work out of Canadian embassies and consulates world-wide.

Does a spousal sponsorship help with bringing other family to Canada?

A sponsored spouse or partner may bring their dependent children who are under the age of 22 and unmarried with them when they immigrate to Canada. Once a spouse or partner obtains permanent residence, they may be able to later sponsor their parents or grandparents to Canada, together with any siblings who are under the age of 22 and unmarried.

Can an immigration lawyer speed up the process?

Having an immigration lawyer assist you with your application will save you preparation time because a lawyer knows exactly what documents are needed for the application and how to obtain them. An application properly prepared by a lawyer will generally process faster than one prepared by an amateur as it will contain everything that the immigration department needs in order to make a quick decision. Once the application is filed, a lawyer knows what to expect in terms of the processing of the application and can take the necessary steps to follow up if the application becomes delayed. In these ways an immigration lawyer can ensure that an application proceeds as quickly and smoothly as possible.

How can an immigration lawyer help the immigration process?

An immigration lawyer can tell you whether you are qualified to apply for immigration in the first place. If you are qualified, a lawyer can assist you to prepare your application to present your case as well as possible. A lawyer can also assist to resolve any complications that arise in your case. If there is a refusal, a lawyer can assist with an appeal of your case.

Can an immigration lawyer help someone to immigrate who has a criminal record?

Generally speaking, having a criminal conviction will render a foreign national inadmissible to Canada, meaning that they cannot immigrate. An immigration lawyer may be able to assist an individual to overcome criminal inadmissibility where at least five years have passed since they completed their criminal sentence. An immigration lawyer can also assist criminally inadmissible individuals to enter Canada temporarily if they have some compelling reason why they need to enter the country.

What is the process to immigrate to Canada?

If you qualify under one of the immigration categories, then you can make an application for a visa to be admitted into Canada. There are various categories to apply under, both for temporary and permanent residence. Once filed the application will be processed by the government’s immigration department. If successful, you will be issued the relevant visa to enter Canada.

What happens if I get denied immigration to Canada?

If your immigration application is denied, you may have grounds to appeal. These appeals are generally made to the Federal Court, but in some cases may be made to the Immigration Appeal Division. If the Court / Division overturns the decision, it will send the case back to the immigration authorities to be redecided.

Sponsor Your Spouse to Canada

Q: What To Do If My Sponsorship Application is Refused?

There are several documents you must include in your application: A photocopy of your PR Card; One main identity document, such as a photocopy of a valid passport or travel document; You will have to provide two identical passport-sized (50mmx70mm) photos taken within the six months before your application; If you were outside of Canada for 1095 days or more in the past five years, you will have to provide supporting documents to prove that you meet one of the residency exceptions. These documents will vary depending on your specific circumstances. If you were accompanying a Canadian citizen spouse, common-law partner, or parent, or were working for a Canadian business or public service, you will have to provide documentation to prove that fact. If you were accompanying a permanent resident of Canada who was working for a Canadian business abroad, again, you will have to provide documentation to prove that fact; If you cannot meet the residency obligation, you can submit documentation that speaks to your individual circumstances and justifies granting special relief. These humanitarian and compassionate considerations should demonstrate that the permanent resident had a compelling reason why they were unable to remain in Canada for at least 2 years out of 5.

Spousal Sponsorship Lawyer

With over 20 years of experience, the Law Office of Matthew Jeffery has assisted Canadians immigrate spouse and partners to Canada as permanent residents with excellent success rate.

How Can We Help?

Bring Your Spouse to Canada

A spousal relationship refers to two people that are legally married to each other.

The marriage can be performed in any country and will be recognized as valid by the Canadian immigration authorities as long as it was conducted in accordance with the laws of that country and is otherwise consistent with Canadian law. The immigration authorities will require a valid marriage certificate as proof of the spousal relationship. This is the simplest and most straight-forward type of relationship for sponsorship purposes since the marriage certificate is generally sufficient to demonstrate the legality of the spousal relationship.

See if you are qualified to sponsor your spouse

Fill out our FREE Family Sponsorship Assessment form to see if you are qualified to sponsor your spouse or partner to Canada.

Requirements to Sponsor Spouse

Inland or Outside Canada Applications

Requirements to Sponsor Spouse

Inland or Outside Canada Applications

Bring Your Spouse to Canada

Here’s how we can help you:

If you’re looking for an immigration lawyer for spousal sponsorship, Matthew Jeffery has over 20 years of experience and specializes in handling spousal sponsorships with high success rates. To see if you qualify for spousal sponsorship, fill out our FREE Sponsorship Assessment form.

Important Things To Know

What To Do If My Sponsorship Application is Refused?

In the event of a refusal of a spouse or partner sponsorship application, an appeal may be made. Spousal sponsorship appeals re-address the refusal of a sponsorship application by the immigration authorities in an attempt to sponsor a family member such as a spouse, partner, child or parent for permanent residence in Canada.

For outside-Canada cases the appeal will proceed before the Immigration Appeal Division, and for inside-Canada cases the appeal will go to the Federal Court. There are strict deadlines for these appeals so action must be taken immediately in the event of a rejection.

» Contact us for spousal sponsorship appeals

What If My Spouse or Partner Has Dependent Children?

The dependent children of the spouse or partner must be added to the sponsorship application and, if accompanying, will obtain permanent residence at the same time as their parent. Any child under the age of 22 and unmarried is considered to be a dependent. Non-accompanying children must also be added to the application and examined, including attending medical examinations, in case the spouse or partner wants to sponsor them later after obtaining permanent residence.

How Long Does The Spousal Sponsorship Process Take?

The time it will take the immigration authorities to process a spouse or partner sponsorship application varies according to the immigration office where the application is processing, and fluctuates depending on the office’s work load. The quality of the application will also impact on processing times since every time the immigration authorities require additional information this will result in delays. However, as a general rule, a sponsorship application will take about one year to be completed after being filed.

How To Demonstrate That The Relationship is Genuine?

One of the concerns of the immigration authorities when assessing sponsorship applications involving spouses or partners is whether the spouse or partner is in a genuine relationship with their Canadian partner or whether they are simply trying to obtain immigration status in Canada. If the immigration authorities believe the relationship not to be genuine, then they will refuse the sponsorship application. In making their assessment of whether the relationship is genuine the immigration authorities will consider various factors such as the duration and quality of the relationship leading up to the marriage or partnership, whether the marriage was conducted in conformity with local norms, and the overall compatibility of the spouses or partners.

Can I Sponsor Someone With a Criminal Record?

Any criminal conviction that is or could be the equivalent of an indictable offence in Canada will in many cases permanently render a foreign national criminally inadmissible to Canada, meaning that they cannot be sponsored or otherwise enter Canada. This will apply to just about any criminal offence, including relatively minor offences such as impaired driving and shoplifting. A foreign spouse with a criminal record can overcome this inadmissibility by obtaining a pardon or the foreign equivalent of a pardon suspending their criminal record. Another way to overcome the inadmissibility is to make an immigration application for rehabilitation if five years have passed since the day that the criminal sentence was completed. If more than ten years have passed since a single, minor conviction, then the foreign national may be deemed rehabilitated.

How Much Does Spousal or Partner Sponsorship Cost?

Sponsors will have to pay a fee of $75, while the applicant will need to pay a $475 fee. These fees need to be paid at the time the application is filed. Also, a fee of $500 for the Right of Permanent Residence will also be required once the immigration authorities are ready to finalize the application. This makes the total fee to sponsor your spouse or partner to be $1,050 CAD. It’s recommended that this be paid at the time of your initial application to speed up the processing time.

Is There a Minimum Income Requirement to Sponsor?

No. There is no specific income that’s required of you as the sponsor. The requirement to show a certain level of income only applies to parental or grandparent sponsorship applications. However, the immigration authorities will want to see that the sponsor has the financial capacity to support their spouse or partner once they arrive in Canada. To that end, the sponsor should be employed and have enough income to reasonably support two people, or should have savings or assets to enable them to support their spouse or partner.

Questions about spouse or partner sponsorship? Contact us.

Success Stories

Shamil & Nino

We are happy to have helped Shamil bring Nino into Canada in a professional and smooth immigration process. At the law office or Matthew Jeffery, we strive to help couples like Shamil and Nino fulfill their dream of building their new life together in Canada.

Elham

We helped Elham process her husband’s spousal sponsorship application. With so many nuances and varying documents required depending on the country, the application process can get overwhelming. We provided Elham with clear guidance every step of the way and gathering all the necessary documents to ensure success.

Dominic

We helped Dominic resolve his Spousal Application which had been pending since September 2015. Dominic, a Nigerian-Canadian residing in Hamilton, Ontario had sought help from four Members of Parliament with the hope that they would influence the CIC to speed up the process, but this did not help. Daniel had also been duped by fraudulent attorneys.

My husband and I highly recommend this lawyer office for spousal sponsorship. Special recognition goes to John. All of our questions and concerns were addressed in a timely manner and explained well. Because of them, my husband from Guyana was able to come to Canada to live with me. The process was completed in about 14 months (despite covid delays).
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Kait L

Congratulations to this lawyer he did a perfect job during my spousal sponsorship , thanks to God and to Matthew Jeffery I'm with my wife in Canada as PR. I highly recommend this lawyer!!!
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Gabriel R

My wife just received her passport request as part of our spousal sponsorship thanks to Mr. Jeffery and his team. We're incredibly relieved and excited! Our case was not a straight forward case and Mr. Jeffery and his team continued to give us hope when my wife and I were feeling hopeless and Mr. Jeffery continued to believe in our case despite setbacks. We are forever thankful to Mr. Jeffery and his team for their support and belief in our case.
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Simon S

I'm so glad we found Law Firm of Matthew Jeffery to help my husband through his immigration journey. It's been very reassuring knowing that Matthew was always a phone call away to help ease our fears and guide us on what to expect. His advice was always practical and realistic, and he was able to clearly explain to us what we needed to do. His passion for his work was evident, and I would definitely recommend him to anybody seeking Canadian immigration lawyer.
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