To sponsor a spouse or partner for Canadian permanent residence in 2026, you must be a Canadian citizen or permanent resident, be at least 18 years of age, live in Canada, and be free from specific legal and financial bars to sponsorship.
The person you are sponsoring must qualify as a spouse, common-law partner, or conjugal partner, and your relationship must be genuine.
At Kingwell Immigration Law, we have helped countless couples meet these requirements — from first-time applications to complex cases involving prior refusals, inadmissibility concerns, and Federal Court appeals.
Speak with a spousal sponsorship lawyer in Toronto about your case today.
Sponsoring a spouse or partner for permanent residence involves two simultaneous applications, a legally binding financial undertaking, and detailed scrutiny of your relationship by IRCC.
A missing signature, an inconsistency in the forms, or an admissibility issue that goes unaddressed can lead to delays, refusals, and real-time apart from the person you are building a life with.
We review every file carefully before submission, prepare applications to withstand scrutiny, and identify inadmissibility risks early. When a refusal has to be challenged, we represent our clients at the Immigration Appeal Division and the Federal Court of Canada.
Only lawyers — not regulated consultants — can represent you in Federal Court. With over 20 years of experience in Canadian immigration law and a proven track record in Federal Court litigation, our team is positioned to support your case at every stage.
To sponsor your spouse or partner for permanent residence, you must meet the eligibility requirements set by Immigration, Refugees and Citizenship Canada (IRCC).
You must be at least 18 years of age, a Canadian citizen, permanent resident, or a person registered in Canada under the Indian Act, and living in Canada. Canadian citizens living abroad may still sponsor, provided they can show a genuine intention to return to Canada once their partner becomes a permanent resident — permanent residents living outside Canada cannot sponsor.
In most spousal cases, there is no minimum income threshold, but you cannot be receiving social assistance (other than for a disability) at the time of application.
You will not be eligible to sponsor if:
If you are unsure whether any of these situations apply to you, we can review your eligibility before you submit anything.
Not certain where you stand? Book a consultation to get tailored guidance.
Canada’s spousal sponsorship program covers three categories of relationship: spouses, common-law partners, and conjugal partners. Each carries different evidentiary requirements, and IRCC assesses all three with equal scrutiny.
The program applies equally to opposite-sex and LGBTQ+ couples. Canada does not have a fiancé visa pathway — couples who are not yet married or have not completed 12 months of cohabitation will need to meet one of the above categories before applying for permanent residence.
A common question we hear is does marrying a Canadian give you PR? — The short answer is that marriage to a Canadian citizen opens the door to sponsorship, but it does not automatically confer permanent resident status.
Dependent children can be included as accompanying dependants (immigrating now) or non-accompanying (declared but not immigrating at this time). All children must be declared — even those not included in the current application.
Failing to declare a child can affect their future sponsorship eligibility and potentially lead to a finding of misrepresentation. We can advise on how to structure your application if dependent children are involved.
The most consequential decision at the outset of any spousal sponsorship is whether to apply inland or outland. The right choice depends on where your partner is living, whether they need to work in Canada during processing, and how important appeal rights are to your situation.
Inland sponsorship (Spouse or Common-Law Partner in Canada Class) is for couples already living together in Canada. The sponsored partner must have a valid temporary resident status at the time of submission or be covered by IRCC’s public policy that allows certain out-of-status applicants to apply from within Canada.
Inland applicants may apply for a Spousal Open Work Permit (SOWP) after receiving an Acknowledgement of Receipt (AOR) from IRCC, allowing them to work for any employer in Canada while the PR application is processed. However, if IRCC refuses an inland application, there is no right of appeal to the Immigration Appeal Division. The only recourse is judicial review at the Federal Court.
Outland sponsorship (Family Class) is processed through a visa office abroad and is available whether the applicant is inside or outside Canada. Outland sponsorship preserves a full right of appeal to the Immigration Appeal Division (IAD) if the application is refused.
Eligibility for a Spousal Open Work Permit is not limited to inland applicants — a sponsored spouse or partner who is physically present in Canada may be able to apply regardless of which stream was used, provided they meet IRCC’s requirements. This is a meaningful protection — particularly in cases where an officer has made a reviewable error or overlooked important evidence.
| Feature | Inland | Outland |
| Partner’s location | Must be in Canada | Inside or outside Canada |
| Open work permit eligibility | Yes, after AOR | Generally no |
| Appeal right if refused | No — Federal Court only | Yes — Immigration Appeal Division |
| Average processing time (2026) | ~21 months | ~15 months |
| Partner can leave Canada freely | No — leaving can cancel the application | Yes |
Processing times are based on IRCC’s published figures as of March 2026 and represent 80% of completed applications. Individual timelines vary by case complexity and visa office.
Choosing the wrong stream can cost you time, money, and appeal rights. We can help you assess which pathway fits your situation before you apply.
Not sure which stream is right for you? Book a consultation with our team.
When you sponsor your spouse or partner, you are entering a legally binding financial agreement with the Government of Canada called a sponsorship undertaking.
The undertaking obligates you to provide for your partner’s basic needs — food, clothing, shelter, and health costs not covered by public insurance — for three years from the date they become a permanent resident.
This obligation does not end if the relationship breaks down. It continues through separation or divorce, and if your partner receives social assistance from a provincial or territorial government during the undertaking period, the government has the right to seek repayment from you.
This is one of the most significant — and least anticipated — obligations in a spousal sponsorship. We walk every client through what it means in practice before anything is filed.
Every spousal sponsorship application requires evidence that the relationship is genuine and not entered into primarily for immigration purposes. IRCC officers examine this carefully, regardless of how long the couple has been together.
Officers consider how and when the couple met, how the relationship developed, the nature of ongoing communication, visits and time spent together, financial interdependence, family awareness and involvement, and long-term plans as a couple.
They are also looking for consistency — between forms completed by each partner, between what is written and what is shown in supporting documents, and between what is stated in the current application and any prior applications.
Common relationship evidence includes:
There is no formula for how much evidence is enough. An application from a couple who has spent most of their relationship living apart requires significantly more documentation than one from a couple sharing a home. IRCC may also request an interview if concerns arise at any point in processing.
We help clients build the strongest possible evidentiary record from the outset — because a well-prepared file is the best way to avoid delays, interview requests, and refusals.
All spousal sponsorship applications must be submitted online through the IRCC Permanent Residence Portal. IRCC requires online filing for this program, though applicants who need accommodations — including those with disabilities — can request the application package in an alternate format, including paper.
Both the sponsorship application and the permanent residence application are submitted together by the principal applicant.
The process unfolds in the following stages:
The total IRCC government fees for a standard spousal sponsorship with no dependent children are $1,205, CAD. Always verify current fees on the IRCC website before submitting, as amounts are subject to change.
| Fee | Amount (CAD) |
| Sponsorship fee | $85 |
| Principal applicant processing fee | $545 |
| Right of Permanent Residence Fee (RPRF) | $575 |
| Total (no dependants) | $1,205 |
| Biometrics (per person) | $85 |
| Dependent child (per child) | $175 |
In addition to IRCC fees, applicants should budget for third-party costs: immigration medical exams (typically $200–$450+ per person depending on the panel physician and country of residence), police certificates, certified translations where required, and courier or shipping costs.
The RPRF ($575) is refunded if the application is refused or withdrawn before permanent residence is granted. The sponsorship and processing fees are generally non-refundable once IRCC has opened the file.
Not all spousal sponsorship applications are straightforward. Some involve admissibility concerns, prior immigration history, or circumstances that require careful legal strategy — ideally before the application is filed, not after a refusal.
These are exactly the kinds of complications our team is built to handle. We can assess your situation, advise on the most viable path forward, and — where necessary — pursue options such as a TRP, Criminal Rehabilitation, or judicial review that go beyond what a consultant is authorized to do.
Concerned about admissibility or a prior refusal? Contact us for a consultation before you apply.
A refusal is not necessarily the end of the road — but the options available depend entirely on which stream was used.
Outland (Family Class) refusals carry a right of appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board. At the IAD, couples can present new evidence, challenge the officer’s findings, and argue that the refusal was wrong in fact or in law. This is a meaningful avenue — and one that requires experienced legal representation to use effectively.
Inland refusals do not carry an appeal right. The only recourse is judicial review at the Federal Court. This is a review of whether the officer’s decision was reasonable and procedurally fair — not a new hearing. If the Court grants leave and finds the decision unreasonable, the matter is returned for redetermination. Judicial review is work that only lawyers can do, and timelines for filing are strict.
If your sponsorship has been refused or if you are concerned about your chances before submitting, we encourage you to reach out to us as early as possible. Timelines for appeals and judicial reviews are unforgiving, and missing them can permanently close off your options.
Couples intending to reside in Quebec face a different process from those settling elsewhere in Canada.
Under the Canada–Quebec Accord, Quebec conducts its own provincial assessment through the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). Sponsors must obtain a separate provincial undertaking from MIFI before IRCC can approve the permanent residence application.
As of July 9, 2025, Quebec reached its intake cap for undertaking applications covering spouses, common-law partners, conjugal partners, and dependent children 18 years of age or older. MIFI is not accepting new applications in these categories until June 25, 2026.
This pause does not affect sponsors outside Quebec — IRCC continues to accept federal sponsorship applications from Quebec-based sponsors, but final approval cannot be issued until MIFI processes the undertaking.
Always confirm the current intake status directly on MIFI’s website before submitting. If you are affected by the Quebec cap, we can advise on your options in the meantime.
💡 Additional reading: Canadian passport revocation reasons
Spousal sponsorship is one of the most important applications you will ever submit, and it deserves the full attention of a legal team with the experience to get it right. At Kingwell Immigration Law, we prepare every application to withstand scrutiny, identify risks before they become refusals, and fight for our clients at the Immigration Appeal Division and the Federal Court when the outcome is contested.
Ready to bring your spouse to Canada? Book a consultation or call 416.988.8853 to connect with our immigration lawyers today.
No. If you became a permanent resident through spousal or partner sponsorship, you cannot sponsor a new spouse or partner until five years have passed from the date you received PR status. This rule applies regardless of whether your previous relationship has ended. We can confirm your exact eligibility date and advise on your options if you are approaching that threshold.
A criminal record in the sponsored person’s home country does not automatically disqualify them, but it does require careful assessment. IRCC will review the nature of the offence, the equivalent charge under Canadian law, the sentence imposed, and the time elapsed since the conviction. Depending on those factors, options such as Criminal Rehabilitation or a Temporary Resident Permit may be available. We can assess admissibility before anything is submitted.
IRCC does not require cohabitation as proof of genuineness, but living apart does mean officers will scrutinize the file more closely. The strongest applications in long-distance cases typically include detailed communication records, documented visits with travel evidence, a written relationship history that is consistent across all forms, and letters from people who know the couple. We help clients build the most persuasive evidentiary record for their specific circumstances.
It depends on which stream you applied under. Inland applicants can apply for a Spousal Open Work Permit (SOWP) after receiving an Acknowledgement of Receipt from IRCC, which typically takes one to four months to process and allows the sponsored person to work for any employer in Canada. Outland applicants cannot apply for an open work permit through the sponsorship process — they would need to qualify for a separate work permit through another pathway. We can advise on the most practical approach for your situation.
Yes. Canada’s 2026–2028 immigration levels plan specifically protects the Family Class, maintaining family admissions at approximately 21.3–22.1% of total permanent resident targets. Spousal and partner sponsorship is not subject to caps, draws, or expressions of interest — eligible couples can apply at any time throughout the year under both inland and outland streams, and the program continues to operate normally across all provinces outside Quebec.
