You can obtain permanent residency in Canada through marriage by applying through the spousal sponsorship program — but the process requires a formal application, proof of a genuine relationship, and government approval that typically takes around 12 months.
At Kingwell Immigration Law, we guide couples through every stage of the process to provide their application with the strongest possible foundation.
Speak with our family sponsorship lawyer in Toronto to discuss your case.
Getting permanent residency through marriage is one of the most personal immigration journeys a person can take — and one of the most consequential. We guide couples through every stage of the spousal sponsorship process, from assessing eligibility and preparing relationship evidence to responding to officer concerns and pursuing appeals if an application is refused.
Our firm was founded by Daniel Kingwell, a lawyer with over 20 years of experience in Canadian immigration law. We regularly represent clients before the Federal Court, the Immigration Appeal Division (IAD), and other immigration tribunals.
This litigation background sets us apart — we don’t just prepare applications, we build cases that hold up under scrutiny and, when needed, in court.
Whether you are just starting your sponsorship application or facing a refusal, we are here to find your path forward.
Spousal sponsorship is the main route to permanent residency through marriage in Canada. It allows Canadian citizens and permanent residents to sponsor their spouse, common-law partner, or conjugal partner to become a permanent resident.
The program is administered by Immigration, Refugees and Citizenship Canada (IRCC) and falls under the family class immigration category.
IRCC reviews every application to confirm that both the sponsor and the sponsored person meet eligibility requirements, and that the relationship is genuine and was not entered into primarily for immigration purposes.
Marriage alone does not give a foreign national the right to enter or remain in Canada — the sponsorship application must be submitted, reviewed, and approved before permanent residency is granted.
IRCC recognizes three relationship categories under the spousal sponsorship program. The category that applies to you determines what evidence you need to provide and how your application will be assessed.
We help you determine which category applies to your situation and ensure your application is built around the strongest evidence for your specific circumstances.
💡 Additional reading: If you marry a Canadian, can you get permanent residency
To sponsor a spouse or partner for permanent residency, the sponsor must meet a specific set of requirements set out by IRCC.
Sponsors are also required to sign an undertaking: a legal commitment to financially support their sponsored partner for three years after that person becomes a permanent resident. According to IRCC’s sponsorship guide, this obligation remains in effect even if the relationship ends during that period.
If you are unsure whether you meet the sponsorship requirements, we can review your situation and give you a clear picture of where you stand before you apply.
There are two application streams for spousal sponsorship, and choosing the right one has a significant impact on your ability to work and travel while your application is being processed.
| Inland Sponsorship | Outland Sponsorship | |
|---|---|---|
| Who it applies to | Sponsored person is in Canada with valid temporary status | Sponsored person lives outside Canada (or is in Canada and chooses this stream) |
| Typical processing time | ~12 months | ~12 months |
| Open work permit | Available after initial approval stage | Not available until PR is granted |
| Travel during processing | Leaving Canada can jeopardize the application | Travel is unrestricted |
| Best for | Couples already established in Canada | Couples living apart or needing travel flexibility |
The right choice depends on where you currently live, your employment situation, and whether you need to travel internationally during processing. We assess both streams against your circumstances and recommend the approach that gives your application the strongest foundation.
Not sure which stream applies to you? Book a consultation, and we will help you decide.
IRCC places the burden of proof on the couple to demonstrate that their relationship is genuine. This is one of the most common reasons applications are delayed, questioned, or refused — and an area where thorough preparation makes a real difference.
Officers review the full history of the relationship, from how the couple met to the date of application. The types of evidence that carry the most weight include:
Certain factors can draw additional scrutiny from IRCC — large age gaps, limited in-person time before marriage, language barriers, or a relationship that began shortly before an immigration deadline.
This does not mean an application cannot succeed. It means the evidence package needs to be built with those concerns in mind. We help couples organize a comprehensive evidence package and prepare proactive responses to any issues that may give an officer pause.
A relationship breakdown during the sponsorship process typically leads to application withdrawal or refusal, since sponsorship requires an ongoing, genuine relationship. If the relationship ends after permanent residency is granted, your PR status generally remains intact — you do not lose your right to remain in Canada because the marriage or partnership ended.
The sponsor’s financial undertaking does not end with the relationship. If the sponsored person requires social assistance during the three-year undertaking period, the sponsor may be held financially responsible, and defaulting can prevent future sponsorship applications.
If you are facing a relationship breakdown during the process, or are concerned about how a separation may affect your immigration status, we can advise you on your options and help protect your position.
Spousal sponsorship applications can be refused for a range of reasons. Identifying potential issues in advance is the most effective way to protect your application.
Many of these issues can be addressed before an application is submitted, provided they are identified early. If a refusal has already been issued, we can assess whether an appeal or judicial review is available and advise on the best way forward.
When a spousal or conjugal partner sponsorship application is refused, you typically have the right to appeal to the Immigration Appeal Division (IAD).
The IAD can consider both the legal merits of the decision and humanitarian and compassionate factors — meaning it can take into account the hardship a refusal would cause the couple, even where there were technical shortcomings in the original application.
If the IAD also refuses the appeal, a judicial review before the Federal Court is the next step. Federal Court reviews are not automatic — leave must be granted before the case proceeds to a hearing.
Our firm’s Federal Court litigation experience is a meaningful differentiator at this stage. We have a track record of successfully overturning refused immigration decisions, and we bring that same rigour to every sponsorship appeal we take on.
If your sponsorship application has been refused, contact us to find out whether an appeal is available.
While spousal sponsorship is the most direct route to permanent residency through marriage, it is not the only option. Depending on your qualifications and circumstances, other pathways may offer advantages in processing time or eligibility.
We assess each client’s full circumstances before recommending a pathway — because the right approach is not always the most obvious one.
Once your spousal sponsorship application is approved and you become a permanent resident, you gain a set of rights that allow you to build a stable, long-term life in Canada.
💡 Additional reading: Benefits of marrying a Canadian citizen & Canadian citizenship by marriage
Spousal sponsorship involves government processing fees set by IRCC. As of 2025, the fees are approximately:
| Fee | Amount (CAD) |
|---|---|
| Sponsorship application fee | $85 |
| Principal applicant processing fee | $545 |
| Right of Permanent Residence fee | $575 |
| Biometrics (per person) | $85 |
| Approximate total | $1,290 |
Additional costs may include medical examinations, police certificates, and document translations. Government fees are generally non-refundable even if an application is refused, which makes thorough preparation essential before submitting.
Sponsors must also demonstrate they can provide for their partner’s basic needs — food, shelter, clothing, and healthcare not covered by provincial plans — for three years after their partner becomes a permanent resident.
Unlike other family class sponsorship categories, there is no specific income threshold for spousal sponsorship, but sponsors cannot be receiving social assistance except for disability-related benefits.
A spousal sponsorship application is more than a stack of forms. It is a legal case that must tell the story of your relationship convincingly, address potential officer concerns before they become refusals, and hold up to scrutiny at every stage of the process.
When complications arise — a procedural fairness letter, a refusal, a request for additional documentation — having a legal team with Federal Court experience behind you can make all the difference.
At Kingwell Immigration Law, we take the time to understand your situation, build a thorough and personalized application, and stand by you through every step of the journey.
If you’re planning to apply for permanent residency through marriage, or your sponsorship has hit a complication, call 416.988.8853 or book a consultation to receive clear, strategic guidance tailored to your situation.
Canadian citizens living abroad may be able to sponsor their spouse through the outland process, provided they can demonstrate an intention to return to Canada to live together once their partner becomes a permanent resident. Permanent residents generally must be living in Canada to sponsor. The rules for overseas sponsors are specific, and we can review your circumstances to confirm your eligibility before you apply.
No. Unlike skilled worker programs such as Express Entry, there is no language requirement for the person being sponsored through the spousal sponsorship program. The sponsored person does not need to demonstrate proficiency in English or French as part of the application.
Being able to communicate in one of Canada’s official languages can assist with integration after arrival, but it is not a condition of sponsorship.
If you were yourself sponsored to Canada as a spouse or partner, you generally cannot sponsor a new spouse or partner for five years after becoming a permanent resident. This restriction was introduced to prevent a pattern where a person is sponsored and then immediately sponsors someone else.
There are limited exceptions, and we can advise on whether your specific circumstances are affected before you submit an application.
A prior deportation or removal order does not automatically prevent sponsorship, but it does add significant complexity to the application. The sponsored person may need to apply for an Authorization to Return to Canada before an application can proceed.
The circumstances of the original removal and the time elapsed since then are both relevant factors, and we can help assess the best approach for your situation.
A change in the sponsor’s financial circumstances does not automatically lead to refusal, as there is no specific income threshold for spousal sponsorship. However, sponsors must still be able to demonstrate that they can support their spouse and are not receiving social assistance.
If your circumstances change significantly during processing, we can advise on whether your application may be affected and what steps to take.
An overstay does not automatically disqualify a person from being sponsored, but IRCC will consider it when assessing admissibility. The overstay may need to be addressed directly in the application, and in some cases, a Temporary Resident Permit or restoration of status may be required.
Each situation turns on its own facts, and we can help you work through the right approach before anything is submitted.
Quebec has its own immigration rules that add an additional step to the process. Sponsors residing in Quebec must obtain an undertaking from Quebec’s Ministère de l’Immigration, de la Francization et de l’Intégration (MIFI) in addition to meeting IRCC’s requirements.
MIFI processes this undertaking separately, and IRCC cannot approve the permanent residency application until Quebec’s approval is in place. As of 2025, MIFI has placed limits on the number of undertaking applications it will accept until June 2026.
