Spousal Sponsorship

Spousal Sponsorship in Winnipeg, MB

There are two distinct application types for Spouse and Common-Law Sponsorship:

  • Outside of Canada Spousal Sponsorship: Processing for this application takes place at the visa office in the sponsored spouse's nation of citizenship or, if they are outside of Canada, the nation in which they are legally residing. It's crucial to remember that you can still apply under this category even if you and your spouse/common-law partner reside together in Canada. By choosing this option, you also gain the right to submit an appeal to the Immigration Appeal Division in the event of a rejection.
  • Throughout Canada Spousal Sponsorship (Category: Spouse or Common-Law in Canada): You and your sponsor are required to live together because this application is processed in Canada. The sponsoring individual must also have a temporary visa for work, study, or travel in Canada. It's important to note that the individual being sponsored might meet the requirements for an Open Work Permit under this heading.

The following people, as well as dependant children age 21 or younger, are eligible for sponsorship for Canadian permanent residency:

  • Spouse: This refers to your partner, spouse, or other person you are legally married to.
  • Common-law Partner: Even if you aren't officially married, you can sponsor your partner if you've lived together for at least a year straight
  • Conjugal Partner: If you have been in a committed relationship with your partner for at least a year that is equivalent to marriage but they don't satisfy the requirements for the Spouse or Common-Law categories, you may sponsor them. Extenuating circumstances, however, should exist that preclude you from cohabitating.
  • It is important to remember that Canada recognizes same-sex unions and partnerships, making those involved eligible to file under any of these three headings.

You must satisfy the following rules for spouse visa in Canada requirements to be accepted as a Sponsor:

  1. You must currently reside in Canada and be a holder of Canadian citizenship or permanent residency.
  2. You have to be older than 18 years old.
  3. You shouldn't be imprisoned, bankrupt, under a restraining order, or charged with a serious crime.
  4. You shouldn't have been sponsored to move to Canada as a spouse yourself within the previous five years.
  5. You cannot be guilty of any violent crimes against a member of your family.

To be sponsored:

  • you must be at least 18 years old
  • Do not be too closely connected to the Sponsor by blood
  • not be barred from entering the country due to a criminal offense.

You must fulfill the following conditions to sponsor a spouse in Canada under one of the types of spousal sponsorship:

  • The relationship must be genuine and unfocused on getting permanent residency. Shared living arrangements, such as utility bills, insurance, lease or title agreements, and joint bank accounts, can support this in Canada. Additionally, recordings of contact, such as chat and phone records, can be used as proof for connections kept outside of Canada.
  • If your spouse or common-law partner is requesting sponsorship under the "In Canada" category, they must live with you in Canada.

Humanitarian and compassionate considerations

According to Section 25 (1) of the Immigration and Refugee Protection Act in Canada, the Minister must, upon request, take into account a foreign national's application for permanent residence status even if they are inadmissible or do not meet the conditions of the Act. Similarly, the Minister may, upon request, examine the circumstances of a foreign individual who is applying for a permanent resident visa while residing outside of Canada. In both situations, if it is determined that it is justified due to humanitarian and compassionate reasons related to the foreign national, with consideration for the best interests of any affected children, the Minister has the authority to grant permanent resident status or provide exemptions from specific criteria or obligations established by the Act. This process encompasses various immigration programs, including Canadian Spouse Visa, Child Sponsorship, and Spousal Sponsorship in Canada.


Request an Appointment



Business Hours

Monday to Friday
9:00 to 5:00 by appointment

The Law Society of Upper Canada
The Oklahoma Bar Association
Sports Professional Association
Lead Counsel Rated
Best Business of 2021