Do you need to live in Canada to sponsor your spouse?
Well, if you are living outside Canada right now, you may have to move back to sponsor your spouse depending on whether you are a Canadian citizen or a permanent resident (PR).
The option you choose, Inland Sponsorship or Outland Sponsorship, also changes how easily your partner can travel while the application is being processed.
Outland Sponsorship has many advantages for couples. It is usually faster, allows travel in and out of Canada, and gives you the right to appeal if your application is refused.
Even couples who already live together in Canada can still choose the Outland Sponsorship route.
Canada has two main ways to sponsor a spouse or partner. Each one has its own rules and things you must meet:
- Inland Sponsorship (Spouse or Common-Law Partner in Canada Class)
- Outland Sponsorship (Family Class)
If you are a permanent resident, you must live in Canada to sponsor your spouse or partner. Only Canadian citizens can sponsor their spouse from outside Canada, but they must prove they will return once the application is approved.
In this article, we will discuss who can sponsor a partner under each category and help you understand which option may fit your situation best.
Basic Requirements To Be A Sponsor
Before choosing a sponsorship path, you must check if you are eligible. In general, you can sponsor your spouse or partner if:
- You are 18 years or older
- You are a Canadian citizen, permanent resident, or registered Indian
- You have enough money to support your spouse or partner’s basic needs
- You are not receiving financial assistance from the government (except for disability support)
- You also must not fall into any of the situations that make a person ineligible to sponsor someone.
When You Cannot Sponsor A Spouse Or Partner?
You cannot sponsor someone if you meet any of the disqualifying situations listed by the immigration department.
- You obtained PR status as a sponsored partner within the last five years.
- You have not repaid an immigration loan, a performance bond, or court-ordered support payments.
- You are still bound by a three-year financial undertaking for a previous spouse/ partner.
- You have an existing sponsorship application in progress for your partner & a decision has not yet been rendered.
- You have declared bankruptcy and your bankruptcy has not been discharged yet.
- You failed to honour the financial terms of a previous sponsorship undertaking.
- You have been convicted of, or have threatened or attempted, a violent or sexual offence.
- You are subject to a removal order.
- You are currently detained in jail, prison, a reformatory, or a penitentiary.
Inland Sponsorship
An Inland Sponsorship application can only be submitted if both the sponsor and the person being sponsored are living together in Canada at the time of applying, even if the sponsor is a Canadian citizen.
With Inland Sponsorship, you can sponsor only a spouse or common-law partner. If you are sponsoring a common-law partner, you must have lived together for at least 12 continuous months before applying.
Moreover, if you do not yet meet the common-law requirement, you may need to move to Canada and live together for one full year before you can apply through the Inland route.
The person being sponsored must have valid temporary resident status in Canada (such as a visitor, worker, or student), unless they qualify for an exemption. If they are eligible, they can also apply for a spousal open work permit (OWP) while their permanent residence application is being processed.
Ideally, neither of you should leave Canada while the Inland sponsorship application is being processed. There is no guarantee that your partner will be allowed to return to Canada, especially if they need a visitor visa.
It is important to note that even if you both live in Canada, you can choose to apply through Outland Sponsorship instead. Outland sponsorship allows travel during processing, but you must show that you will return to Canada.
If your Inland application is refused, you cannot appeal the decision.
At the moment, the processing time for Inland Sponsorship applications is around 20 months.
Outland Sponsorship
In order to live in Canada to sponsor your spouse, the next thing to know is about Outland sponsorship.
Well, this sponsorship category is for spouses, common-law partners (who meet the required time living together), or conjugal partners who live outside Canada. If you want to sponsor a conjugal partner, this is the only sponsorship option.
Unlike Inland Sponsorship, Outland Sponsorship allows both the sponsor (if they are a Canadian citizen) and the person being sponsored to travel in and out of Canada while the application is being processed.
Most sponsors live in Canada while applying through the Outland pathway, but Canadian citizens can apply from outside Canada too.
However, Canadian citizens applying from abroad must show immigration officers that they plan to move back to Canada after their partner becomes a permanent resident. They can prove this by showing documents such as:
- A job offer or work contract in Canada
- A rental agreement or property ownership papers
- A letter of acceptance from a Canadian school
- A mortgage or other proof of housing in Canada
In short: Canadian citizens do not need to move to Canada before applying through Outland Sponsorship, but permanent residents do not have this option.
Another benefit of Outland Sponsorship is that if the application is refused, you have the right to appeal the decision.
Under Outland Sponsorship, spouses and partners may also be able to get a spousal open work permit (OWP), but only if they first apply for and receive a visitor visa. Visitor visas under this program are usually processed faster, and the person must be inside Canada to receive the OWP.
Outland Sponsorship applications currently take about 14 months to be processed.
Sponsorship Undertaking Rules
To sponsor your spouse, common-law partner, or conjugal partner, you must sign an undertaking agreement. This is required for both Inland and Outland Sponsorship.
This agreement is legally binding, meaning you agree to support your spouse or partner financially for their basic needs for three years from the day they become a permanent resident.
Before you sign this agreement, you must be sure that your spouse will not need financial help from the government. If they do receive government assistance, you must pay back the full amount. Moreover, it is vital to note that you cannot sponsor anyone else until the money is repaid.
Remember that once a final decision is made on your sponsorship application, the undertaking cannot be cancelled, even if you face money problems, your relationship ends, or you move to another place.
You can only cancel the undertaking if the immigration department has not yet made a financial decision on the application.
Sponsorship rules are a bit different for people living in Quebec. Quebec residents must submit a spousal sponsorship application to both IRCC and MIFI (Ministère de l’immigration, de la francisation et de l’intégration).
If you live in Quebec, you must sign an undertaking with the province of Quebec. Also, you must complete an income assessment through MIFI.
Explore your pathway to move to Canada with Immigtoronto. Our team of skilled RCICs offers customized immigration solutions, ensuring a trustworthy and professional process. Contact us at [email protected].
