Spousal sponsorship

The Family Class Sponsorship program allows a Canadian permanent resident or citizen to sponsor their spouse, common-law, or conjugal partner and bring them to Canada.

Spouse
• In order to be considered a spouse, the marriage must be one that is valid both under the laws of the jurisdiction where it took place and under Canadian law.
Marriages performed in an embassy or consulate will need to comply with the laws of the country in which it took place, not the country of nationality of the embassy or consulate.
Common-law partner
• A common-law relationship requires 1 year of co-habitation in a conjugal relationship.
The required 1 year period of co-habitation must be uninterrupted; however allowances will be made for short absences due to business travel or family reasons.
Conjugal Partner
• A conjugal partner refers to a person residing outside of Canada, with whom you have been in a conjugal relationship with for at least one year.
• A conjugal relationship is not defined solely as a physical relationship. In order to qualify as conjugal and additional element of permanence is required in regards to the relationship. A commitment level similar to that of a marriage or common-law relationship will be required.
Same-Sex Relationships
Same-sex marriages are considered valid in Canada and, if recognized in the country in which the marriage took place, will be considered valid for the purpose of Canadian immigration. Both same-sex common-law and same-sex conjugal partners will be considered valid for the purpose of Family Class Sponsorship.
Ineligible Relationships
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner in a number of situations:
• When the spouse is under the age of 16
• When the spouse or the sponsor were married to a different person at time of the marriage.
• The sponsor had previously applied to sponsor a different spouse, common-law partner, or conjugal partner and 3 years have not passed since that persons obtained Canadian Permanent Residency.
Sponsorship from Within Canada
A spouse, common-law partner, or conjugal partner being sponsored can make an application from within or outside of Canada. Only Canadian citizens are allowed to submit an application for sponsorship while they are residing abroad. In that case, they will have to demonstrate that they have the intention to return to Canada upon issuance of their spouse’s Canadian permanent resident visa.
It is also important to note that inland applications (applications where both people are residing in Canada) are not given priority processing and are subject to much longer processing times. However, all sponsorship applications are processed in two stages and foreign nationals who are residing in Canada during the application process will be entitled to an open work permit once the initial phase of processing is complete.
Processing Times
In the interests of reuniting families, the Canadian immigration process prioritizes the sponsoring of spouses, common-law partners, and conjugal partners. Family class sponsorship applications for spouse, common-law partners, and conjugal partners are processed ahead of all other Canadian Permanent Residency applications.
Estimated processing times in regards to Family Class Sponsorship of a spouse, common-law partner, or conjugal partner can be found by clicking here.
For more information or to ask a question contact FWCanada.
About FWCanada:
As one of the most trusted Canadian immigration law firms, FWCanada will ensure that your application receives impeccable attention to detail. Our mission is to provide high quality legal services, in a transparent and efficient manner. Unfortunately, fraudulent and ineffective practice exists in most industries and Canadian immigration is no exception. Only lawyers who are members in good standing of a Canadian bar association, or members of the Canadian Society of Immigration Consultants are legally authorized to represent clients for the purposes of Canadian immigration. As the legal representative of all FWCanada clients, Attorney Marisa Feil has distinguished herself as a respected authority on Canadian immigration law. She is frequently contacted by government officials and other Canadian immigration lawyers for her expertise.

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