Who can sponsor a spouse or partner in Canada

Who is eligible in principle

A sponsor must be a Canadian citizen, a permanent resident or a registered Indian under the Indian Act, and at least 18 years old. Permanent resident sponsors must reside in Canada. Citizens may sponsor from abroad in narrow situations, provided they demonstrate the intent to resume residence in Canada when the sponsored person is granted permanent residence.

Common bars to sponsorship

Even where the basic conditions are met, an otherwise eligible person can be barred. The most common bars include being in default of a previous sponsorship undertaking, in default of a court-ordered family support obligation, an undischarged bankrupt, in receipt of social assistance other than for reason of disability, or having certain criminal convictions.

Sponsors who obtained permanent residence themselves through spousal sponsorship generally cannot sponsor a new spouse or partner within five years of becoming a permanent resident.

Inland vs outland sponsorship

A spouse or partner already in Canada with valid temporary status may be sponsored under the Spouse or Common-Law Partner in Canada (SCLPC) class or the family class. SCLPC applicants may be eligible for an open work permit while the file is in process. Applicants outside Canada apply through the family class at a visa office. The choice depends on where each partner lives, travel needs during processing, and the details of the file.

Financial capacity, in context

There is no minimum necessary income for spousal or partner sponsorship. Officers do not calculate LICO for these files. That does not mean finances are irrelevant. Extended periods of receiving social assistance, unresolved default, or serious financial instability may still appear in the assessment of the file and the sponsorship undertaking.

Common mistakes

• Assuming any Canadian citizen can sponsor anyone. Bars and undertakings still apply.
• Missing the five-year bar after a prior spousal sponsorship as principal applicant.
• Overlooking outstanding immigration loans, family support orders or previous undertakings.
• Sponsoring while in default of social assistance obligations (other than disability).

When professional help may be useful

If you have a prior sponsorship, prior refusal, criminal record, undischarged bankruptcy, or a complicated marital history, an eligibility review before filing is usually worthwhile.