Spousal and Common-Law Sponsorship in Canada: How It Works

By Nasir Khan, Regulated Canadian Immigration Consultant (RCIC-IRB # R1053580), PrimeRoute Immigration Consulting Inc. Reviewed against IRCC information in November 2026.

Who can be sponsored

IRCC recognizes several types of partner. All must be at least 18, in a genuine relationship that is not just for immigration purposes, and not inadmissible to Canada.

• Spouse: legally married to the sponsor.
• Common-law partner: not married to the sponsor, but has lived with them for at least 12 consecutive months in a conjugal relationship. Brief, temporary time apart is allowed.
• Conjugal partner: in an exclusive, mutually dependent relationship with the sponsor for at least one year, lives outside Canada, and cannot live together or marry in their own country for legal or similar reasons.
• Dependent child: a biological or adopted child of the sponsor or the sponsor's partner, under 22 with no spouse or partner, or older with certain dependence conditions.

Who can sponsor

You must be at least 18, a Canadian citizen, permanent resident or registered Indian, and normally living in Canada. Permanent residents living outside Canada cannot sponsor. Canadian citizens living abroad must show that they plan to live in Canada once the person they are sponsoring becomes a permanent resident.

You cannot be receiving social assistance for any reason other than disability. Other restrictions include having become a permanent resident through sponsorship by a spouse or partner less than five years ago, or having signed an undertaking for a previous partner that is still in effect. Some criminal convictions, removal orders and other bars also apply. Income is usually not required, except where the sponsored partner has a dependent child who has dependent children of their own, and Quebec has additional rules for residents of that province.

The sponsor's undertaking

By sponsoring, you promise to provide for the basic needs of the person you sponsor, so that they do not need social assistance. For a spouse or partner the period is three years from the day they become a permanent resident. It cannot be cancelled or shortened, and it continues even if the relationship ends or either of you moves. If the sponsored person receives social assistance, you must repay it. Many couples do not think about this until after filing, so understand it first.

Two ways to apply

If your partner lives in Canada with valid temporary status, you may apply under the Spouse or Common-Law Partner in Canada class. If your partner lives outside Canada, or you prefer that route, you apply under the Family Class. The route you choose affects processing, travel and what happens while you wait, so decide it with your facts in front of you, not by what a friend did.

Working while the application is processed

A partner who lives in Canada may be able to apply for an open work permit while the sponsorship is processed. IRCC requires, among other things, that the application is being processed and you hold an acknowledgement of receipt, you live with your sponsor, and you have valid or maintained temporary status, or are eligible for restoration. It does not apply if your permanent residence application has been refused, withdrawn or returned.

Proving the relationship

Officers look for evidence of a genuine relationship over time. Typical evidence includes:

• Marriage certificate or proof of living together for common-law claims.
• Joint leases, bills, bank accounts or insurance.
• Photos from different periods and events, and travel records.
• Messages and call history, especially for couples who have lived apart.
• Statements from family and friends who know the couple.

Where applications go wrong

• Forms that do not match. Dates, addresses and histories must agree across every form and document.
• Thin evidence. A certificate alone is rarely enough to show a genuine relationship.
• Not declaring family members. Leaving out a former partner or child can lead to refusal.
• Missing the sponsor restrictions. A prior sponsorship can bar a new one.
• Letting temporary status lapse while waiting. It can affect your options.

When a consultant can help

Many couples apply on their own. A consultation helps most when the relationship has an unusual history, the partners have lived apart, status is expiring, there are children from earlier relationships, or either person has had a refusal. We plan the application before you file. We cannot promise a result, and processing times vary, so use IRCC's processing times tool for current estimates.

Frequently asked questions

Related: read about visitor visas, work permits, citizenship and immigrating from overseas, see all Canadian immigration services, or learn how we work.

This page is general information, not legal or individual immigration advice. Immigration decisions are made by government authorities such as IRCC, and no consultant can guarantee a result. Rules, fees and processing times change, so confirm current requirements on the official IRCC website before you act.