Spousal Sponsorship in Canada – Immigration Lawyer for Spouse & Common-Law
Ayodele Law helps Canadians sponsor their spouse or common-law partner for permanent residence in Canada. Many couples come to us after searching for a spousal sponsorship lawyer near them they can trust with a deeply personal application.
Canada’s spousal and common-law sponsorship programs remain one of the most compassionate and family-focused parts of the immigration system. If you’re a Canadian citizen or permanent resident, you can sponsor your spouse, common-law, or conjugal partner for permanent residence so you can live together in Canada.
Who can be a sponsor?
To sponsor a spouse or partner, the sponsor and the sponsored person must meet Immigration, Refugees and Citizenship Canada (IRCC) eligibility rules. These include legal status, age, relationship type, and admissibility:
You can be a sponsor if:
You are a Canadian citizen, permanent resident, or a registered Indian under the Canadian Indian Act.
You are at least 18 years old.
You reside in Canada, or if you’re a citizen living abroad, you can show that you’ll move back to Canada once your partner becomes a permanent resident.
You are not receiving social assistance (except for disability).
You can demonstrate the ability and willingness to support your partner financially for three years after they become a permanent resident.
You are not in default of a previous sponsorship undertaking, court-ordered support payments, immigration loan, or bankruptcy.
What types of Relationships are Recognized by IRCC?
IRCC recognizes three distinct categories of relationships for sponsorship:
Spouse: Legally married to the sponsor. The marriage must be valid both under the laws of the country where it took place and under Canadian law.
Common-Law Partner: A person (of any gender) who has lived continuously with the sponsor in a marriage-like relationship for at least 12 months. Time apart for short work or family reasons may be acceptable if both partners maintain the relationship.
Conjugal Partner: A person outside Canada with whom the sponsor has been in a marriage-like relationship for at least one year, but who cannot live together or marry due to barriers such as immigration restrictions, war, or discrimination.
Should I apply from Inside Canada or Outside Canada?
Inland sponsorship: For couples already living together in Canada. The sponsored spouse may apply for an open work permit while the application is being processed.
Outland sponsorship: For partners living outside Canada or who cannot maintain a lawful status inside Canada. Outland applicants can remain abroad during processing and appeal a refusal to the Immigration Appeal Division (IAD) if necessary.
What documents do I need to prove my relationship in my Canadian application?
A successful sponsorship application must include strong proof of relationship, financial information, and supporting documentation. IRCC officers must be convinced the relationship is genuine and not primarily for immigration purposes.
| Category | Documents Required |
|---|---|
| Proof of Relationship |
Marriage certificate or proof of common-law cohabitation (joint lease, bills, shared bank accounts, joint tax filings). Photos together, communication logs, travel records, and letters from family or friends. Evidence of ongoing emotional and financial support. Proof of visits, remittances, and correspondence (for outland sponsorships). |
| Sponsor’s Financial and Identity Documents |
Proof of Canadian citizenship or permanent resident status. Canadian tax returns (NOAs, T4s), pay stubs, or employment letters showing stable income. Signed Sponsorship Agreement and Undertaking (IMM 1344). |
| Applicant’s Personal and Civil Documents |
Valid passport, birth certificate, national ID, divorce/death certificates (if applicable). Police certificates from every country lived in for 6+ months since age 18. Medical exam results from an IRCC-approved panel physician. Biometrics (fingerprints and photo) when requested by IRCC. |
| Optional but Helpful |
Joint children’s birth certificates. Affidavits from friends/family confirming authenticity of the relationship. Evidence of joint travel or future plans (e.g., property, vacation bookings). |
How to Apply for Spousal Sponsorship in Canada (Step-by-Step Guide)
| Step | Description |
|---|---|
| ✅ Confirm You’re Eligible to Sponsor Your Spouse or Common-Law Partner | Ensure you meet all spousal sponsorship eligibility requirements for both sponsor and applicant. |
| ✅ Gather Required Spousal Sponsorship Documents | Collect proof of relationship, financial documents, and civil status records. |
| ✅ Pay the Spousal Sponsorship Application Fees | Pay sponsorship, processing, and Right of Permanent Residence fees on IRCC’s website. |
| ✅ Submit Your Spousal Sponsorship Application Online | Submit through IRCC’s Permanent Residence Portal and upload all supporting files. |
| ✅ Provide Biometrics and Medical Exam Results | Complete biometrics and medical exams at approved IRCC centres when requested. |
| ✅ Respond Quickly to IRCC Requests | Reply promptly to any document or interview requests to prevent processing delays. |
| ✅ Spousal Sponsorship Processing Time in Canada | Most applications take 8–12 months to process, though times may vary. |
| ✅ After Approval: Permanent Residence and Sponsor Undertaking | Once approved, the applicant becomes a Permanent Resident and the sponsor begins the 3-year financial undertaking. |
Why you should hire Ayodele Law as your Immigration Lawyer for your spousal sponsorship application in Canada
Sponsorship cases are deeply personal but legally complex. Officers assess relationship authenticity, admissibility, and financial stability. An incomplete or inconsistent application can result in months of delay or even refusal. At Ayodele Law, we:
Review eligibility and admissibility issues (criminality, prior refusals, misrepresentation).
Prepare custom legal submissions demonstrating the relationship’s authenticity.
Ensure all documentation is compliant with IRCC requirements.
Handle communications and document requests directly with IRCC.
In complex situations involving long separations, inadmissibility issues, or hardship, Humanitarian and Compassionate applications may also be available.
If you’re planning to reunite with additional family members, you may also wish to explore our Parents and Grandparents Sponsorship services.
Frequently Asked Questions
Sponsoring a spouse or partner is both an emotional and legal process. These FAQs address common concerns about eligibility, timelines, refusals, and getting the application right the first time.
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Yes. Canadian citizens and permanent residents may sponsor their spouse, common-law partner, or conjugal partner for permanent residence, provided both the sponsor and applicant meet eligibility and admissibility requirements set by Immigration, Refugees and Citizenship Canada.
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Inland sponsorship is for couples living together in Canada and may allow the sponsored spouse to apply for an open work permit during processing. Outland sponsorship is typically used when the sponsored partner lives outside Canada and allows for an appeal to the Immigration Appeal Division if the application is refused.
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Most spousal sponsorship applications are processed within 8–12 months, though timelines may vary depending on application completeness, background checks, and IRCC workload. Delays are common when documents are missing or relationship evidence is insufficient.
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If your application has been refused, you can learn more about your options by visiting our spousal sponsorship appeal services page.
In some situations, a formal appeal may not be required, and a reconsideration request to IRCC may resolve the issue more efficiently.
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While a lawyer is not required, spousal sponsorship applications are closely scrutinized for genuineness and consistency. If you’re looking for a spousal sponsorship lawyer near you, working with an experienced immigration law firm can help ensure your relationship evidence is presented clearly, accurately, and in compliance with IRCC requirements. Ayodele Law is based in Toronto and represents couples across Ontario and Canada.
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To sponsor a spouse or common-law partner, the sponsor must be at least 18, have Canadian status (citizen/PR/registered under the Indian Act), and not be ineligible due to issues like social assistance (other than disability), default on a past undertaking, unpaid immigration loans, bankruptcy, or certain criminal convictions.
The applicant must also be eligible and admissible, and you must prove the relationship is genuine and not entered into primarily for immigration purposes. If you’re unsure which requirement applies to you, speaking with a spousal sponsorship lawyer near you can prevent avoidable delays. -
Sometimes. A sponsor can be ineligible if they have certain convictions—especially offences involving violence, sexual offences, offences against a family member, or offences against a child. Eligibility also depends on the nature of the charge/conviction, when it occurred, and whether any sentence is complete.
Because sponsor eligibility can be technical, it’s smart to review this with an immigration lawyer near you before you submit—so you don’t lose months on an application that can’t be approved. -
Spousal sponsorship typically includes IRCC processing fees (and may also include biometrics, medical exams, police certificates, translations, and courier costs depending on your situation). Fees can change, so it’s best to confirm current amounts on the IRCC fee schedule.
Many couples also budget for legal help if there are complexities like long separation periods, prior refusals, or gaps in documentation—especially when they’re looking for a spousal sponsorship lawyer near them to help get it right the first time.
From Our Clients“I’m so thankful for everything Tracy and her incredible team—Cheryl, Ayra, and Yazmin—did for us. Getting our refugee approval was such a huge moment, and it wouldn’t have been possible without their support.
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