Spouse Visa In Canada
If you want to bring a spouse to Canada, you need to know that applying for a Spouse Visa (also known as a Sponsorship Visa) can be a lengthy process. It is also something that both of you must understand. Depending on several factors, it can take anywhere from 3-15 months to receive a decision on your Spouse Visa Application. Canada provides two ways for someone to become a permanent resident: applying independently or applying as a family member of someone living in Canada (sponsoring). This article explains the difference between these two categories and outlines the requirements and steps involved in the Spouse Visa application.
Canadian immigration has identified family members as one of the primary classes of persons who immigrate to Canada each year. Canadian Immigration, with the goal of allocating a significant portion of its annual immigration quota to reuniting families, offers several ways for a foreign national to be sponsored by his or her spouse.
Canada is one of the most preferred destination for immigration.The main reason is the country became a member of the privy council that makes it very easy to travel to Canada.
Before you apply
Note: You don’t need to hire a representative to prepare or submit your application. However, if you are getting help, it is important that you review the information on our website about who can give you advice, help you with your forms, communicate with us on your behalf, and/or represent you. If you pay someone or otherwise compensate them in any way in exchange for their services, they must be someone who is authorized to do so.
If you have any concerns about the assistance you have been given, you can file a complaint.
If you haven’t already, read our Basic Guide (IMM 5525), which has all the information you need to prepare your application package.
Spouse Visa In Canada
This guide is designed to give you more detailed information and guidance. For explanations of the terms used in the application process, see Appendix A: Key definitions.
Step 5 will help you avoid common mistakes.
Who can use this application package?
Use this application package if you’re a Canadian citizen, Registered Indian or a permanent resident of Canada who is 18 years of age or older and you want to sponsor:
- your spouse or common-law partner who lives with you in Canada, and their dependent children
- your spouse, common-law partner or conjugal partner who lives overseas, and their dependent children
- your dependent children
Use this guide to help you prepare both:
- your application to sponsor your spouse, partner or dependent child, and
- your spouse, partner or dependent child’s application for permanent residence.
If you’re applying under the Spouse or Common-law partner in Canada class, your spouse or partner may be able to apply for an Open Work Permit. For more information, see the section Working and studying for spouses and partners.
Don’t use this guide if you’re sponsoring:
- an adopted child or orphaned family member
- other family members who are not your spouse, partner or dependent child.
If you’re sponsoring a family member other than your spouse, common-law partner, conjugal partner, or dependent child, use the sponsorship package for adopted children and other relatives instead.
Your obligations as a sponsor
When you agree to be a sponsor, you must sign an undertaking, promising to give financial support for the basic needs of your spouse or partner and their dependent children.
Basic needs are:
- food, clothing, shelter and other needs for everyday living,
- dental care, eye care and other health needs that aren’t covered by public health services.
Before signing the undertaking agreement, you must make sure the people you sponsor won’t need to ask the government for financial help. If they receive social assistance, you’ll have to pay back what they received during the time you are legally responsible for them. You won’t be able to sponsor anyone else until you’ve repaid the amount. For more information, see the Defaults section below.
The undertaking is a binding promise of support, meaning that it is your responsibility to support the applicant(s) for the length of the undertaking period even if your situation changes. The undertaking will stay in effect for the length of the undertaking period, even if your situation changes. The undertaking won’t be cancelled, even if:
- the person you sponsor becomes a Canadian citizen
- you become divorced, separated or your relationship with the sponsored person breaks down
- you or the person you sponsor move to another province or country
- you have financial problems
May I cancel my undertaking after it’s been approved?
If you change your mind after you submit the sponsorship application and undertaking, you must write us a letter before a final decision is made on the file and submit the letter as an attachment through the IRCC Webform. You can only withdraw an undertaking if we approve the withdrawal.
Length of undertaking
Your obligations as a sponsor start as soon as the undertaking is in effect. If you change your mind after you submit the sponsorship application and undertaking, you must write us a letter before a final decision is made on the file and submit the letter as an attachment through the IRCC Webform. You can only withdraw an undertaking if we approve the withdrawal. See Step 6 to find out where to mail your letter.
The length of undertaking for residents of Quebec is different from the length of undertaking for the rest of Canada. For more information about sponsoring a family member in Quebec, see detailed information for length of undertaking for residents of Quebec.
For sponsorships in all parts of Canada except for Quebec, the information below explains how long your undertaking will be valid.
You’re sponsoring a spouse, common-law partner or conjugal partner
Length of undertaking is 3 years from the day your spouse, common-law partner or conjugal partner becomes a permanent resident.
You’re sponsoring a dependent child over 22 years of age
Length of undertaking is 3 years from the day your dependent child (or the dependent child of your spouse, common-law partner or conjugal partner) over 22 years of age becomes a permanent resident.
You’re sponsoring a dependent child under 22 years of age
Length of undertaking is 10 years from the day your dependent child (or the dependent child of your spouse, common-law partner or conjugal partner) under 22 years of age becomes a permanent resident, or until the child becomes 25 years old, whichever comes first. The length of undertaking for residents of Quebec is slightly different.
Note: You’ll be in default if your relative gets social assistance from the government while the undertaking is in effect.
Become a sponsor
You can become a sponsor if you are:
- at least 18 years old
- a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
- living in Canada:
- if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
- You can’t sponsor someone if you’re a permanent resident living outside of Canada.
- able to prove that you are not receiving social assistance for reasons other than a disability, and;
You must also be able to show that you can provide basic needs for:
- yourself,
- your spouse or partner,
- your spouse or partner’s dependent child(ren) (if applicable)
- your dependent child(ren) (if you’re sponsoring only your dependent child).
Note: In most cases, there is no low-income-cut-off (LICO) for spouse, partner or dependent child sponsorships. However, if either a spouse or partner you’re sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian government each year.
If you must meet LICO requirements, you must include a Financial Evaluation (IMM 1283) form with your application (see your checklist for more details). If you live in Quebec, you don’t have to submit this form to IRCC. See subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR) for more information.
If you live in Quebec, you must also meet Quebec’s conditions to be a sponsor.
Note: Maternity, parental and sickness benefits paid under the Employment Insurance Act are considered income. You can still sponsor, if you’re eligible, while on these benefits. Other payments, such as employment insurance and federal training allowances, are not considered income.
You may not be able to sponsor if you…
- are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,
- previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
- are in default on an immigration loan or a performance bond
- did not pay court-ordered alimony or child support
For more information. See Defaults below. - have declared bankruptcy which has not been discharged
- were convicted of
- an offence of a sexual nature,
- a violent crime,
- an offence against a relative that caused bodily harm or
- threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardonFor more information. See Sponsorship Bar for Violent Crime
- are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,For more information. See Five-year Sponsorship Bar
- are under a removal order,
- are in a penitentiary, jail, reformatory or prison,
- have already applied to sponsor your current spouse or partner and haven’t received a decision.
Sponsoring if you live outside Canada
If you’re a Canadian citizen living outside Canada, you can sponsor your:
- spouse,
- common-law partner,
- conjugal partner,
- dependent child.
You must show that you’ll live in Canada when the sponsored person becomes a permanent resident.
Note: Permanent residents living abroad can’t sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be living abroad.
Defaults
You can’t become a sponsor if any of the situations below apply to you:
A previous sponsorship undertaking
If family members you sponsored in the past got social assistance or welfare while the undertaking was valid, you can’t sponsor until:
- you repay the full amount of any social assistance or welfare payment or
- repay the debt to the satisfaction of the government authority that issued the benefit or ordered you to pay.
See appendix D to find out how to repay the money owed.
An immigration loan
If you got a transportation, assistance or right of permanent residence fee (previously called the right of landing fee) loan and have missed payments:
- You can’t sponsor if you are in default of your loan. For more information, contact us.
Support payment obligations
If you were ordered by a court to make support payments to a spouse or child and haven’t made payments:
- You can’t sponsor until you resolve the family support matter.
A performance bond
If you agreed to pay money to guarantee that an immigrant would fulfil their obligations under immigration legislation:
- You can’t sponsor until you pay the full amount of the bond.
Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner
- If a spouse or partner sponsored you, you can’t sponsor a new spouse or partner within five years of becoming a permanent resident.
- This rule applies even if you got your Canadian citizenship within those five years.
Are you eligible to sponsor someone?
- If we received your sponsorship application before March 2, 2012:
The five-year sponsorship bar doesn’t apply, no matter when you became a permanent resident.
- If we received your sponsorship application on or after March 2, 2012:
The five-year sponsorship bar applies. You may not sponsor a foreign national referred to as a spouse, common-law partner or conjugal partner until you’ve been a permanent resident for five years.
Sponsorship bar for violent crime
The sponsorship bar prevents people who’ve been convicted of certain crimes from sponsoring a family member.
If you’ve been convicted of a crime that caused bodily harm to any of the relatives listed below, you can’t sponsor anyone under the Family Class.
Note:
- “Partner” includes common-law and conjugal partners.
- Relatives not listed here may still fall under this category. If you aren’t sure, check the full list of rules or contact us.
Relatives the sponsorship bar can apply to:
- your current or ex-spouse/partner and/or their children,
- your children,
- your parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
- the current or ex-spouse/partner and children of the above
- the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin of your current or ex-spouse/partner or children, or
- the current or ex-spouse/partner and children of any of the above
- your child’s spouse, partner or children,
- your spouse’s, partner’s or child’s ex-spouse or ex-partner and children,
- your partner’s parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, or cousin, or
- the current or ex-spouse/partner (and their children)of any of the above,
- a foster child who is or was cared for by
- you,
- your current or ex-spouse/partner or their children,
- your parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin, or
- the current or ex-spouse/partner (and their children) of any of the above, or
- your current or ex-boyfriend/girlfriend, their spouse or common-law partner, and their dependent children.
Who you can sponsor
Using this application, you can sponsor your spouse, common-law partner, or conjugal partner who is at least 18 years old, or your dependent child (If you’re sponsoring an adopted child, use the sponsorship package for adopted children). The person you’re sponsoring and their family members must pass background, security and medical checks.
Choose the class of application
- If you’re sponsoring your conjugal partner or dependent child, you must submit an application under the Family Class. These applications are processed outside Canada.
- If you’re sponsoring your spouse or common-law partner, you may sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class.
- When you sponsor a spouse or common-law partner, you must specify the “Class of Application” on the checklist you’ll submit as the covering page for your application package.
Apply under the Family Class if:
- the person you want to sponsor lives outside Canada
- the person you want to sponsor currently lives with you in Canada but doesn’t plan to stay in Canada while the application is being processed
- you plan to appeal if the application is refused
- you’re sponsoring your conjugal partner or dependent child
Apply under the Spouse or Common-Law Partner in Canada Class if your spouse or common-law partner:
- lives with you in Canada
- has valid temporary resident status in Canada, or is exempt from needing this status under a public policy
- would like to apply for, and qualifies for, an Open Work Permit so that they can work while the application is being processed
For more detailed information about the requirements for these classes, see Part 7 of the Immigration and Refugee Protection Regulations:
- for requirements to sponsor a spouse or common-law partner under the Family Class, see Part 7, Division 1
- for requirements to sponsor under the Spouse or Common-Law Partner in Canada class, see Part 7, Division 2
Sponsoring your spouse, common-law partner or conjugal partner
If you’re married
You can sponsor the person as your spouse if your marriage is a legally valid civil marriage.
Opposite and same-gender marriages:
- will be recognized for immigration purposes, where the marriage:
- was legally performed in Canada, or
- if performed outside of Canada, the marriage must be legally recognized in the country where it took place and in Canada.
Note: IRCC no longer recognizes marriages performed outside of Canada by proxy, telephone, fax, Internet and other forms of marriage where one or both persons were not physically present at the ceremony. For more information, see Operational Bulletin 613.
If you’re in a common-law relationship
You can sponsor the person as your common-law partner (same or opposite gender) as long as you’ve been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.
If you’re in conjugal relationship
A conjugal partner is:
- a person who is living outside Canada,
- in a conjugal relationship with the sponsor for at least one year, and
- could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).
This term applies to both opposite and same-gender couples.
You can sponsor a conjugal partner if:
- there is a significant degree of attachment between the two of you, implying not just a physical relationship but a mutually interdependent relationship, and
- you’ve been in a genuine (real) relationship for at least 12 months where marriage or cohabitation (living together) hasn’t been possible because of barriers such as sexual orientation, religious faith, etc.
IMPORTANT: If you’re applying in the conjugal partner class, the person being sponsored cannot be living in Canada.
Sponsoring your spouse or common-law partner who lives with you in Canada
You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada.
Your spouse or common-law partner must either
- have valid temporary residence status or
- be exempt from needing this status under a public policy that was set out in 2005
Under the public policy, a person without temporary resident status can be sponsored as a spouse or common-law partner in Canada only if they are inadmissible because they
- overstayed a visa, visitor record, work or student permit
- worked or studied without being legally allowed to
- entered Canada without a visa or other document that was required
- entered Canada without a valid passport or travel document (as long as they have valid documents by the time they are granted permanent residence)
If your spouse or common-law partner is inadmissible for other reasons, they’re not covered by the public policy. In that case, they should resolve the situation that made them inadmissible before applying.
Your spouse or partner may be eligible for an open work permit. For more information, see the section about Working and studying for spouses and partners below.
Important information: if your spouse or partner is already working or studying in Canada and would like to continue, they must apply for an extension before their work or study permit expires.
Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.
If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.
Working and studying – spouses and common-law partners in Canada
If your spouse or common-law partner already has a work or study permit, they may continue to work or study as long as the permit is valid. It is illegal to work or study without authorization from IRCC.
Can my spouse or partner work in Canada?
If your spouse or common-law partner already has a work permit, they may continue to work as long as the permit is valid.
If your spouse or common-law partner is living in Canada with you and is applying as a member of the Spouse or Common-Law Partner in Canada class, they can also apply for an open work permit when they apply for permanent residence. They must include a completed Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 484.21KB) and the correct fee, explaining that they are applying for an open work permit.
If your spouse or common-law partner has already submitted an application for permanent residence but hasn’t applied for an open work permit, they can submit a completed IMM 5710 and the correct fee to this address:
- Case Processing Centre in Edmonton
Immigration Refugees and Citizenship Canada
c/o Work permits for spouses or common-law partners, Station 777
9700 Jasper Avenue NW, Suite 55
Edmonton, AB T5J 4C3
For more instructions, see Extend or change the conditions on your work permit. You can’t apply online.
See the Help Centre for information, including processing times, about Open work permits for spouses and partners.
Can my spouse or partner study in Canada?
If your spouse or common-law partner already has a study permit and wants to keep their temporary resident status as a student, they may submit an Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709] (PDF, 488.83KB). See the guide for more instructions.
Otherwise, we will advise your spouse or common-law partner in writing when they’re eligible to apply for a study permit.
Sponsoring your dependent children
You can sponsor your dependent children outside Canada who meet the following definition:
Definitions of dependent children
Not sure if your child is a dependant? Check if your child qualifies by answering a few questions.
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:
- They’re under 22 years old, and
- They don’t have a spouse or common-law partner
Children 22 years old or older qualify as dependants if they meet both of these requirements:
- They have depended on their parents for financial support since before the age of 22, and
- They are unable to financially support themselves because of a mental or physical condition
With the exception of age, dependants must continue to meet these requirements until we finish processing your application.
If your child’s age was locked in on or before October 23, 2017, a previous definition of dependent children may apply.
Important: If the person you are sponsoring (or their child) has one or more children in the sole custody of their other parent, you must still declare the child in the application. Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam. Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. If a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
The person you’re sponsoring has a child in the sole custody of a previous spouse. Do they need to include this child in their application?
Yes. Children in the custody of a previous spouse or partner are considered dependent children.
Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam.
Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. Also, if a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
Passports for family members
The person you’re sponsoring and their accompanying family members must have valid passports or travel documents when they arrive. Any documents that are about to expire should be renewed. The person being sponsored should send copies of the new passport or travel document to the office processing the application.
If the passport of the person you are sponsoring or their accompanying family members (if applicable) is renewed or replaced while their application is in process, you must advise us as soon as possible to avoid delays.
You can’t use diplomatic, official, service or public affairs passports to immigrate to Canada. The person being sponsored must have a valid regular or private passport when they arrive.
Note: The validity of a visa may be affected by the validity of the passport.
How long is a permanent resident visa valid?
A permanent resident visa is issued for a period not extending beyond the earliest expiry date of the sponsored person’s (and any family members):
- medical results
- passports
Important information: Once issued, permanent resident visas can’t be extended. If applicants don’t use the visas within their validity period, they must re-apply for immigration to Canada. Their sponsor will have to submit a new sponsorship application and pay new processing fees.
Criminality
Generally, people with criminal convictions are not allowed to come to Canada.
Convictions or offences outside Canada
If the person you’re sponsoring is outside Canada and has committed or has been convicted of a crime outside Canada, they may be able to overcome this criminal inadmissibility. This section doesn’t apply to anyone applying from within Canada and with a conviction or offense outside Canada. Find out how to overcome criminal convictions.
The person can apply for rehabilitation either:
- before you submit the sponsorship application, or
- by submitting the rehabilitation application with your application for sponsorship. If you choose this option, we’ll assess your eligibility as a sponsor and do the first assessment of the permanent resident application. However, we’ll only assess the sponsored person’s admissibility after they get a decision about their rehabilitation application.
If the offence would have been prosecuted summarily in Canada, and if the person was convicted of two or more of these offences, the period for rehabilitation is at least five years after they’ve finished serving the sentences.
Convictions or offences in Canada
If the person has a criminal conviction in Canada, they must ask for a record suspension (formerly a pardon) from the Parole Board of Canada (PBC) before becoming admissible to Canada.
The sponsored person should not fill out the forms in this guide until they have their record suspension. You can ask for a Record Suspension Application Guide or for more information from:
- Parole Board of Canada
Clemency and Record Suspension Division
410 Laurier Avenue West
Ottawa, Ontario
K1A 0R1
Telephone: 1-800-874-2652 (callers in Canada and the United States only)
Fax: 1-613-941-4981
Email: suspension@pbc-clcc.gc.ca
Website: https://www.canada.ca/en/parole-board.html
(You can download the instructional guide and application forms from the website)
To be considered for a record suspension under the Criminal Records Act, a set period of time must pass after the end of the sentence. The sentence may have been payment of a fine, period of probation, or a prison term.
Note: Once you have a copy of the record suspension, send a photocopy to a Canadian visa office or an IRCC Centre. If the sponsored person is travelling to Canada, they should carry a copy of the record suspension.
If the person has had two or more summary convictions in Canada, they may no longer be inadmissible if:
- It’s been at least five years since they finished serving all sentences
- they’ve had no other convictions.
Important information: See Eligibility for Rehabilitation for a summary of the type of offences and length of rehabilitation periods.
Biometric (fingerprints and photo) requirements
You and your family members may need to appear in person to have their fingerprints and photograph (biometric information) taken at a biometric collection service point.
Canadian citizens and existing permanent residents of Canada are exempt from giving biometrics.
