Spouse, Common-Law Partner and Conjugal Partner Sponsorship

Canada’s immigration laws allow Canadian citizens and permanent residents of Canada to sponsor their spouse, common-law partner or conjugal partner to become a permanent resident of Canada. This will allow your spouse or partner to live, work and study in Canada on a permanent basis.

Spouse:

You can sponsor a person as your spouse if that person is married to you and the marriage is valid under both the laws of Canada and the laws where the marriage took place.

Common-law partner:

You can sponsor a person as your common-law partner if you and your partner have cohabited in a conjugal relationship for a period of at least 12 consecutive months without interruption, and your relationship with your partner is continuing, even though you may be temporarily living apart.

Conjugal partner:

In certain exceptional cases, you can sponsor a person as a conjugal partner if your partner is living outside of Canada and you have maintained a conjugal relationship with that person for at least one year but have been unable to meet the definition of common-law partners, usually due to a legal or immigration barrier that prevented you from living together or getting married.

Canadian citizens not residing in Canada are still permitted to sponsor their spouse, common-law partner or conjugal partner to Canada, so long as they have the intention, as well as a reasonable plan, for re-establishing themselves in Canada by the time their sponsored spouse or partner becomes a permanent resident.

When sponsoring a spouse or common-law partner, the application is normally processed at a Canadian Visa Office in the applicant’s country of citizenship or residence. When both the sponsor and applicant are in Canada, however, you have the option of applying from inside of Canada. There are both advantages and disadvantages to applying from inside and outside of Canada:

Overseas Sponsorship Applications:

• Current Processing Time: 12 months, on average

• Appeals permitted if refused

• Sponsored spouse/partner may leave Canada without it affecting their application

• May be called for an interview at a Visa Office outside of Canada

• Available for spouses, common-law partners and conjugal partners

Inland Sponsorship Applications:

• Current Processing Time: 12 months, on average

• No appeal permitted if refused

• Applicant should not leave Canada during the processing of the application

• Applicant is eligible to apply for an open work permit, which is normally granted in 4 months

• Applicant must have legal temporary resident status in Canada (some exceptions apply)

• Available for spouses and common-law partners only