No, marrying a Canadian citizen or permanent resident does not automatically grant you permanent residency in Canada.
At Kingwell Immigration Law, we regularly guide couples through this common misconception: you must apply through the spousal sponsorship program and meet specific eligibility requirements, proving your relationship is genuine while navigating complex immigration procedures that typically take 12 months to complete.
Contact our Toronto immigration lawyer team to discuss your spousal sponsorship case and learn how our Federal Court experience can strengthen your application.
When you marry a Canadian, the spousal sponsorship process becomes your pathway to permanent residency. At Kingwell Immigration Law, we guide couples through every step of the permanent residency application, from gathering relationship evidence to addressing potential challenges that could delay or jeopardize your case.
Our firm brings over 20 years of Federal Court litigation experience to complex spousal sponsorship matters. We have successfully represented clients whose applications faced refusal, helping them overcome obstacles through appeals and judicial reviews.
Whether you’re dealing with relationship authenticity concerns, previous immigration violations, or processing delays, we provide the specialized legal guidance needed to protect your future in Canada.
Canada’s spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouse, common-law partner, or conjugal partner for permanent residency.
This family class immigration pathway prioritizes keeping families together while ensuring immigration system integrity through careful relationship verification processes established by Immigration, Refugees and Citizenship Canada (IRCC).
The program operates under strict eligibility requirements for both sponsors and sponsored persons. IRCC carefully reviews each application to prevent marriage fraud while facilitating legitimate family reunification. Processing times and requirements can vary significantly depending on your specific circumstances and application type.
Canadian citizens and permanent residents can sponsor their spouse if they meet specific criteria established by IRCC. The sponsor must be at least 18 years old and demonstrate the ability to provide basic financial support for their spouse during the undertaking period.
Sponsors cannot have active removal orders, be in prison, or be in default of previous sponsorship undertakings. Additionally, individuals who were themselves sponsored as spouses cannot sponsor a new spouse for five years after becoming permanent residents, with limited exceptions for specific circumstances.
Our team helps you determine which relationship category applies to your situation and ensures you present the strongest evidence to support your specific circumstances.
Learn more about relationship categories and requirements by booking an appointment with our spousal sponsorship team.
The spousal sponsorship program offers two distinct application streams based on where the sponsored person resides during the application process. Your choice between inland and outland sponsorship significantly impacts processing times, work authorization, and your ability to travel during the application process.
Inland sponsorship applies when the sponsored spouse is already living in Canada with a valid temporary status. This stream allows the sponsored person to remain in Canada throughout the application process and typically qualifies them for an open work permit after the application’s initial approval.
The inland process generally takes 12 months but restricts travel outside Canada, as leaving could jeopardize the application. This pathway works best for couples already established in Canada who don’t need to travel internationally during processing.
Outland sponsorship can be used regardless of where the sponsored person currently lives, including those already in Canada. This stream typically processes within 12 months and allows the sponsored person to travel freely without affecting their application.
Outland applications are processed through visa offices responsible for the sponsored person’s country of residence or nationality. However, sponsored persons living outside Canada cannot obtain work authorization until they receive permanent residency.
| Application Type | Processing Time | Work Permit Eligibility | Travel Restrictions |
| Inland | 12 months | Yes, after initial approval | Cannot leave Canada |
| Outland | 12 months | No | Full travel freedom |
We help you choose the most strategic application stream based on your current circumstances, future travel needs, and employment requirements.
IRCC requires substantial evidence demonstrating that your relationship is genuine and not entered into primarily for immigration purposes. The burden of proof lies with the couple to provide convincing documentation spanning the duration of their relationship, from the initial meeting through the application date.
Officers evaluate relationships based on various factors, including communication history, shared experiences, financial interdependence, and social recognition of the relationship. The evidence requirements can be extensive and vary depending on factors like age differences, cultural backgrounds, and previous immigration history.
Immigration officers look for specific warning signs that might indicate a relationship of convenience rather than a genuine partnership. Large age gaps, limited shared language ability, minimal time spent together before marriage, or inconsistent relationship timelines can trigger additional scrutiny.
Previous immigration refusals, multiple sponsorship attempts, or relationships that began shortly before immigration deadlines may also raise concerns. We help you proactively address these potential issues with comprehensive evidence and explanations.
📌 Our team can review your relationship evidence and help you present the strongest possible case to IRCC.
Spousal sponsorship applications face various challenges that can result in delays, requests for additional information, or outright refusals. Our experience with Federal Court litigation provides unique insight into how officers make decisions and what evidence proves most persuasive in challenging cases.
We regularly assist clients facing relationship authenticity questions, inadmissibility issues, and procedural fairness concerns. Our approach combines thorough case preparation with strategic advocacy to address problems before they become insurmountable obstacles.
When officers question a relationship’s genuineness, they may request interviews, additional documentation, or issue procedural fairness letters allowing responses to their concerns. We help clients address specific concerns and develop comprehensive responses addressing each issue raised.
Our experience includes cases involving couples with limited in-person meetings before marriage due to cultural practices, where we successfully demonstrated relationship authenticity through detailed cultural context, extensive communication records, and testimony from family members explaining traditional courtship practices.
Sponsored persons with previous immigration violations, overstays, or refusals face additional scrutiny but can still succeed with proper legal representation. We analyze each client’s immigration history to identify potential issues and develop strategies to address them proactively.
Our approach includes proper restoration of status procedures, voluntary departure documentation, and comprehensive relationship evidence that can overcome previous immigration challenges.
Sponsored persons must pass medical examinations and security clearances, with certain conditions potentially making them inadmissible to Canada. However, many inadmissibility issues can be overcome through specific legal procedures or exemptions available to family class applicants.
We guide clients through complex inadmissibility challenges, including criminal rehabilitation applications, medical appeals, and humanitarian considerations that may apply to spousal sponsorship cases.
Permanent residency through spousal sponsorship provides comprehensive rights and privileges that transform your life in Canada. Beyond basic authorization to live and work anywhere in the country, permanent residents gain access to social programs, healthcare coverage, and educational opportunities previously unavailable.
The pathway to citizenship opens after meeting residency requirements, typically three to five years after obtaining permanent residency. This progression allows couples to build stable, long-term lives in Canada while maintaining connections to their countries of origin.
💡 Additional reading: Canadian citizenship by marriage
Permanent residents receive provincial health insurance coverage, providing access to essential medical services, specialist care, and emergency treatment. Coverage typically begins within the first few months of residency, depending on your province of residence.
Social benefits include eligibility for Employment Insurance, Canada Pension Plan contributions, and Old Age Security benefits after meeting specific residency requirements. These programs provide financial security and retirement planning opportunities available to Canadian residents.
Permanent residents can work for any employer in Canada without requiring work permits or Labour Market Impact Assessments. This freedom allows career flexibility and professional development opportunities that may be limited for temporary residents.
Educational benefits include access to Canadian post-secondary institutions at domestic tuition rates, which can represent significant savings compared to international student fees. Children of permanent residents also qualify for public education and various scholarship programs.
Our team helps you understand how permanent residency status can benefit your specific career goals and family circumstances.
💡 Additional reading: benefits of marrying a Canadian citizen
Book an appointment with our team to understand how permanent residency can benefit your specific situation and long-term goals in Canada.
Each province and territory manages healthcare enrollment for new permanent residents, with coverage typically beginning between the first day and three months after arrival. Settlement services vary by province but generally include language training, employment assistance, and community orientation programs designed to help newcomers integrate successfully into Canadian society.
Ontario residents must apply for health coverage within six months of establishing residency. Coverage generally begins on the first day of the third month after establishing Ontario residency, though certain circumstances may qualify for immediate coverage.
Required documentation includes proof of permanent residency, Ontario residency evidence, and identity verification. New residents should maintain private health insurance or travel coverage until provincial benefits through the Ontario Health Insurance Plan (OHIP) begin.
Government-funded settlement agencies provide free services, including language assessment and training, job search assistance, credential recognition guidance, and community connections to help newcomers establish themselves in their new communities.
These services complement but don’t replace the legal requirements of the sponsorship undertaking, which requires sponsors to provide basic financial support for three years after the sponsored person becomes a permanent resident.
We guide you through the settlement process and connect you with appropriate resources to ensure a smooth transition to life in Canada.
Current IRCC processing times for spousal sponsorship applications typically take 12 months, though complex cases or those requiring additional documentation may take considerably longer. Processing times fluctuate based on application volumes, officer availability, and individual case circumstances.
Procedural fairness letters, interview requests, or prolonged processing delays often indicate potential problems requiring professional intervention. We recommend engaging legal counsel when facing these situations rather than waiting for refusal decisions that may be more difficult to overcome.
Our team monitors your application throughout the process and intervenes promptly when issues arise, providing the strategic guidance needed to address concerns before they jeopardize your case.
While spousal sponsorship remains the most direct route for married couples, other immigration programs may offer advantages depending on your specific circumstances, qualifications, and timing requirements.
Express Entry programs allow couples to apply together, potentially earning additional Comprehensive Ranking System points for having a Canadian spouse or partner. Provincial Nominee Programs may offer faster processing for skilled workers whose spouses benefit from local job market opportunities.
The primary applicant in Express Entry applications can include their spouse as either a dependent or accompanying applicant, depending on which approach maximizes their Comprehensive Ranking System score. Spouses of Canadian citizens or permanent residents earn additional CRS points that can significantly improve their ranking.
This pathway works particularly well for skilled workers whose Canadian spouses haven’t yet become citizens or who prefer the faster processing times typically associated with Express Entry over spousal sponsorship.
Several provinces offer immigration streams specifically targeting spouses of residents or individuals with strong provincial connections. These programs often process faster than federal streams while addressing specific regional labour market needs.
We help you explore alternative immigration pathways and determine which approach offers the best strategic advantage for your unique situation and qualifications.
Schedule a consultation with our team to explore alternative immigration pathways that might benefit your unique situation.
Our Federal Court litigation experience provides unique insight into complex spousal sponsorship challenges and successful resolution strategies. These real cases demonstrate how experienced legal representation can overcome seemingly insurmountable obstacles and secure positive outcomes for deserving couples.
A.H. v Minister of Citizenship and Immigration (2020 FC 530): Our client’s conjugal partner application from Saudi Arabia was initially refused by both IRCC and the Immigration Appeal Division. We appealed to the Federal Court and overturned the decision, with the judge agreeing that both the officer and IAD had improperly considered their individual and relationship histories. Their permanent residency application was returned to IRCC for processing.
Yasmin v Minister of Citizenship and Immigration (2018 FC 265): A convention refugee from Bangladesh applied for permanent residency as a protected person, but IRCC refused the application upon finding that she had failed to disclose another identity in the United States. We successfully appealed the decision to the Federal Court on the basis that IRCC had not provided her with evidence of a fingerprint match in breach of procedural fairness.
These successes illustrate how proper legal strategy and Federal Court experience can transform seemingly hopeless situations into successful permanent residency outcomes.
Spousal sponsorship involves significant government fees totalling approximately $1,290 CAD for most applications in 2025, including processing fees, right of permanent residence fees, and biometrics charges. Additional costs may include medical examinations, police certificates, and document translations.
Sponsors must also meet financial requirements demonstrating the ability to support their spouse during the three-year undertaking period. While specific income thresholds don’t apply to spousal sponsorship (unlike other family class categories), sponsors cannot receive social assistance except for disability benefits.
As of 2025, spousal sponsorship fees include an $85 CAD sponsorship fee, $545 CAD processing fee, and $575 CAD right of permanent residence fee. Biometrics fees cost $85 CAD per person, and additional family members included in the application incur separate fees.
These fees are subject to change annually and must be paid using specific methods accepted by IRCC. Fee refunds are generally not available even if applications are refused, making proper preparation essential to avoid costly mistakes.
Sponsors commit to providing financial support for basic needs, including food, shelter, clothing, and healthcare not covered by provincial plans for three years after the sponsored person becomes a permanent resident. This undertaking remains in effect even if the relationship ends.
Defaulting on undertaking obligations can prevent sponsors from making future sponsorship applications and may result in debt collection procedures. We help you understand these long-term commitments before beginning the sponsorship process.
Navigating Canada’s spousal sponsorship program requires more than completing application forms—it demands strategic legal guidance that addresses your unique circumstances while anticipating potential challenges before they derail your case. We understand that your future in Canada depends on getting this process right the first time.
Our firm’s Federal Court litigation experience and deep knowledge of immigration law allow us to provide comprehensive guidance from initial case assessment through final approval. We don’t just process paperwork; we develop personalized strategies that maximize your chances of success while preparing for any obstacles that may arise during the application process.
Contact Kingwell Immigration Law or call 416.988.8853 to discuss your spousal sponsorship case and benefit from our proven track record of success.
Inland sponsorship applicants can typically obtain an open work permit within 2-4 months after initial application approval, allowing them to work for any Canadian employer while their permanent residency application is being processed. Outland applicants cannot work legally until they receive permanent residency.
Relationship breakdown during processing typically results in application withdrawal or refusal, as sponsorship requires an ongoing genuine relationship. However, sponsored persons experiencing domestic violence may qualify for protection under specific immigration policies designed to safeguard vulnerable individuals.
Government fees total approximately $1,290 CAD in 2025, including the $85 sponsorship fee, $545 processing fee, $575 right of permanent residence fee, and $85 biometrics fee. Additional costs may include medical examinations, police certificates, and document translations ranging from $500-$1,500.
Canada fully recognizes same-sex marriages and common-law relationships for immigration purposes, regardless of whether same-sex relationships are legal in the couple’s country of origin. Same-sex couples have identical rights, requirements, and processing procedures as opposite-sex couples.
Immigration officers may request interviews when they need clarification about the relationship’s genuineness or application information. Interviews can be conducted in-person, by telephone, or via video conference, and proper preparation with experienced legal representation significantly improves outcomes in these assessments.
