By Triccia Dias, Articling Student, Lewis & Associates LLP
For many couples, spousal sponsorship is the most direct route to building a life together in Canada. A Canadian citizen or permanent resident can sponsor a husband, wife, common-law partner or conjugal partner, and that person can become a permanent resident with the right to live, work and study anywhere in the country. Family reunification is one of the core objectives of Canadian immigration law, and the spousal program is one of the most common paths for immigration to Canada.
It is also a program where small mistakes carry large consequences. Applications are returned for missing documents, refused because an officer doubts that the relationship is genuine, or blocked by sponsor eligibility rules that many people never hear about until it is too late. This guide walks through the whole process in plain language: who can sponsor, which relationships qualify, inland versus outland applications, current government fees, the documents that prove a relationship, the open work permit, the most common refusal reasons and what you can do if the application is refused. It is based on the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations (IRPR) and IRCC’s published instructions as of October 2026.
Spousal Sponsorship
The Program at a Glance
Key rules every couple should know before applying.
A Canadian citizen, permanent resident or person registered under the Indian Act, aged 18 or older, living in Canada.
Citizens abroad: may sponsor if they will live in Canada once the partner becomes a PR.
A spouse, a common-law partner (12 months living together) or a conjugal partner (at least 1 year, unable to live together or marry).
All partners: 18 or older and in a genuine relationship.
The sponsor promises to financially support the partner for 3 years from the day they become a permanent resident.
Income test: usually none for a spouse or partner.
$1,260 for the sponsored spouse or partner, including the $600 right of permanent residence fee, plus biometrics.
Each dependent child: $180.
Who Can Sponsor a Spouse or Partner?
Under section 130 of the IRPR and IRCC’s eligibility rules, you can sponsor a spouse, common-law partner, conjugal partner or dependent child if you:
- are at least 18 years old;
- are a Canadian citizen, a permanent resident of Canada, or a person registered in Canada under the Indian Act;
- live in Canada, or, if you are a Canadian citizen living abroad, can show that you plan to live in Canada when your partner becomes a permanent resident (a permanent resident living outside Canada cannot sponsor);
- sign an undertaking promising to support your partner financially, and a sponsorship agreement with the person you sponsor; and
- are not barred by any of the rules described below.
Who cannot sponsor: the sponsor bars
Many refusals have nothing to do with the relationship itself. They happen because the sponsor is ineligible. IRCC lists the following situations in which a person cannot sponsor a spouse or partner:
| Sponsor bar | What it means in practice |
|---|---|
| Sponsored as a spouse less than 5 years ago | If you became a permanent resident because a spouse or partner sponsored you, you cannot sponsor a new spouse or partner until you have held PR status or citizenship for at least five years before filing (IRPR s. 130(3)). |
| Previous undertaking still running | If you sponsored a previous spouse or partner and three years have not passed since they became a permanent resident, you cannot sponsor a new one. |
| Default on an earlier sponsorship | You did not provide the financial support you promised under a past undertaking (for example, a person you sponsored received social assistance). Does not apply to sponsorships in Quebec. |
| Unpaid support or immigration debt | You are behind on court-ordered family support (such as child support or alimony), an immigration loan or a performance bond. The family support bar does not apply in Quebec. |
| Undischarged bankruptcy | You declared bankruptcy and have not been discharged. Does not apply in Quebec. |
| Social assistance | You receive social assistance for a reason other than a disability. |
| Certain criminal convictions | You were convicted of a violent criminal offence, an offence against a relative causing bodily harm, or a sexual offence, in or outside Canada. |
| Removal order or imprisonment | You must leave Canada because of a removal order, or you are in jail, prison or a penitentiary. |
| Duplicate application | You already have a pending application to sponsor the same person. |
IRCC notes that there may be other reasons a sponsor is not eligible, so if any of these situations might apply, get advice before you pay fees and file. Some bars, such as unpaid support, can be removed by bringing payments up to date; others, like the five-year rule, can only be waited out.
Which Relationships Qualify?
Canadian immigration law recognizes three types of conjugal relationships. Each partner must be at least 18, the relationship can be between people of any gender, and it must be genuine, not entered into mainly to obtain immigration status. IRCC sets out the definitions on its Who you can sponsor page:
| Relationship | Legal requirement | Typical evidence |
|---|---|---|
| Spouse | Legally married. A marriage performed outside Canada must be valid where it took place and under Canadian law. | Marriage certificate or proof of registration. IRCC does not accept a marriage licence or a record of solemnization on its own. |
| Common-law partner | Not married, but have lived together in a marriage-like relationship for at least 12 consecutive months. Short, temporary absences (work trips, family obligations) do not break the period. | Joint lease or property documents, shared bills and accounts, the same address on IDs, statutory declaration of common-law union (IMM 5409). |
| Conjugal partner | Neither married nor common-law, in an exclusive, mutually dependent relationship for at least 1 year, living outside Canada, and unable to live together or marry for legal, immigration, social, cultural or religious reasons. | Proof of the relationship over time and proof of the barrier, for example laws that prevent divorce or same-sex marriage in the partner’s country. |
Relationships the law excludes
Even a genuine relationship can be excluded by the Regulations. The most important rules are:
- Bad faith (IRPR s. 4(1)). A person is not considered a spouse or partner if the relationship was entered into primarily to acquire status or privilege under the Act, or is not genuine. The two branches are separate, so an officer can refuse on either one.
- New relationship after a “convenience” break-up (IRPR s. 4.1). If a couple ended a relationship to help one of them immigrate and then resumed it, the renewed relationship does not count.
- Undeclared family members (IRPR s. 117(9)(d)). If the sponsor immigrated to Canada and did not declare the spouse or partner on their own application, so that person was never examined, the spouse is generally excluded from the family class. This rule has ended many sponsorships, and it is why you should always declare every family member on any immigration application.
- Prior marriage still in force. A marriage is excluded if either partner was already married to someone else at the time.
- Existing undertaking. A spouse or partner is excluded if the sponsor has an undertaking for a previous spouse or partner that has not ended.
IRCC ran a temporary public policy that allowed some previously undeclared family members to be sponsored. According to IRCC, that policy ended for applications submitted after September 10, 2026, so the exclusion again applies in full to new applications. If this affects your family, a humanitarian and compassionate (H&C) application may be the only remaining route.
Inland or Outland? Choosing the Right Class
A spousal sponsorship is filed under one of two classes. The sponsorship forms are the same; the difference lies in where the partner lives, what they can do while waiting and what happens if the application is refused.
| Outland (Family Class) | Inland (Spouse or Common-law Partner in Canada Class) | |
|---|---|---|
| Where the partner lives | Anywhere, including in Canada. Required for conjugal partners. | In Canada, living with the sponsor (IRPR s. 124). |
| Status needed | No Canadian status required. | Valid temporary resident status, unless a public policy exempts the applicant. |
| Travel during processing | Partner may travel, but needs their own visa or eTA to visit Canada. | Leaving Canada is risky: the partner may lose status or be refused re-entry. |
| Open work permit | Not available through the sponsorship itself. | Available to eligible applicants living at the sponsor’s address. |
| If refused | Sponsor can usually appeal to the Immigration Appeal Division (IAD). | No IAD appeal. Remedy is judicial review in the Federal Court within 15 days. |
| Best suited to | Couples living apart, couples who may need appeal rights, and partners who need to travel. | Couples already living together in Canada where the partner has status. |
IRCC’s own guide recommends the Family Class (outland) if you plan to appeal in case of refusal, because the appeal right exists only there. Where the relationship file has weaknesses, such as a short relationship, an age gap the officer may question, a previous sponsorship, or a past refusal, that appeal right can be decisive. A partner who lives in Canada can still be processed outland.
Government Fees in 2026
According to IRCC’s official fee list (modified September 2026), the government fees for a spousal sponsorship are:
| Fee | Amount (CAD) | Notes |
|---|---|---|
| Sponsored spouse or partner, total | $1,260 | Includes the sponsorship fee, the processing fee and the right of permanent residence fee (RPRF). |
| Without the RPRF | $660 | The RPRF ($600) can be paid later, when IRCC asks for it. |
| Each dependent child | $180 | Includes sponsorship and processing fees. The RPRF does not apply to dependent children. |
| Biometrics | $85 per person, $170 maximum per family | Family maximum applies to people applying at the same time. |
| Other costs (not IRCC) | Varies | Medical exam by a panel physician, police certificates, translations and, if you live in Quebec, Quebec’s own fee. |
The RPRF is refunded if the application is refused or withdrawn before a permanent resident visa is issued. Professional fees for a lawyer are separate and depend on how complex the file is.
How to Apply: Step by Step
Since September 23, 2022, spousal sponsorship applications must be submitted online, unless the applicant needs an accommodation such as paper, large print or braille. The process follows IRCC Guide 5289:
From Application to PR
The Spousal Sponsorship Process
What happens at each stage, based on IRCC Guide 5289.
- 1Choose the class (inland or outland) and confirm the sponsor has no bars.
- 2Gather relationship evidence, identity and civil documents, police certificates and translations.
- 3Complete the forms and submit online through the Permanent Residence Portal, paying the fees.
- 4IRCC checks completeness. An incomplete application is returned, not refused.
- 5Biometrics and, when instructed, a medical exam (within 30 days of the request).
- 6IRCC assesses the sponsor’s eligibility, then the relationship and admissibility. An interview may be scheduled.
- 7Approval: the partner receives confirmation of permanent residence (and a visa, if needed) and becomes a PR.
The forms you will need
| Form | Who completes it | Purpose |
|---|---|---|
| IMM 1344 | Sponsor and sponsored partner | Application to sponsor, sponsorship agreement and undertaking. |
| IMM 5532 | Sponsor and partner | Relationship information and sponsorship evaluation: how you met, the history of the relationship, and family knowledge. |
| IMM 0008 | Partner (principal applicant) | Generic application form for permanent residence. |
| IMM 5669 | Partner and family members 18+ | Schedule A: background and declaration (addresses, employment, travel history). |
| IMM 5406 | Partner and family members 18+ | Additional family information. |
| IMM 5409 | Common-law couples | Statutory declaration of common-law union. |
| IMM 5476 / IMM 5475 | If applicable | Use of a representative, or release of information to another person. |
Police certificates and medical exam
Police certificates are required from the partner, and from each family member aged 18 or older who is not a citizen or permanent resident, for every country other than Canada where they lived for six or more consecutive months since age 18. Every family member who is not a citizen or permanent resident must have an immigration medical exam, even if they are not coming to Canada. IRCC usually asks for the exam later in processing, because results expire.
Proving Your Relationship Is Genuine
The heart of most spousal files is the question in IRPR section 4: is this a real relationship, and was it entered into for reasons other than immigration? Officers look at the relationship as a whole. There is no single document that “proves” a marriage, and there is no fixed list of documents that guarantees approval. What persuades an officer is a consistent, well-documented story.
Relationship Evidence
8-Point Checklist for a Strong File
Use it to test your application before you submit.
- The relationship history (how and when you met, engagement, wedding or move-in) is consistent across every form and document.
- There is evidence from across the whole relationship, not only the weeks before applying.
- Communication records show regular contact over time while you were apart.
- Travel records show visits to each other (boarding passes, passport stamps, itineraries).
- Shared life evidence: joint lease or ownership, bills, bank accounts, insurance beneficiaries.
- Family and friends know about the relationship (wedding photos with guests, letters, social events).
- Potential concerns (age gap, short courtship, different languages, previous marriages or sponsorships) are explained, not ignored.
- All documents in another language have certified English or French translations.
Interviews
IRCC may invite the sponsor, the partner or both to an interview, in person or by video. You will be told in writing the date, time, place and documents to bring. Interviews are often used when the officer has specific doubts. Questions usually cover how you met, your daily lives, each other’s families and your plans. Answers that contradict the forms are one of the most common grounds for refusal. If you receive a procedural fairness letter setting out the officer’s concerns, treat its deadline seriously and get legal advice before responding.
The Open Work Permit for Sponsored Spouses
Partners applying inland can often work while they wait. Under an IRCC public policy, a partner can be issued an open work permit for up to two years if:
- their permanent residence application under the Spouse or Common-law Partner in Canada Class (or the Family Class) has been accepted for processing and has not been refused or withdrawn;
- they are being sponsored by a Canadian citizen or permanent resident spouse or partner;
- they have the same residential address as the sponsor in Canada when applying; and
- they have valid temporary resident status, or are eligible to restore status and have applied to do so.
Dependent children included in the application who meet similar conditions can also apply. An open work permit is not tied to one employer. For other work permit options, including permits for spouses of foreign workers and students, see our Canadian work permit guide.
The Sponsor’s Undertaking: What You Are Promising
The undertaking is a legal promise to the Government of Canada (or to Quebec, for Quebec residents) that you will meet your partner’s basic needs, such as food, shelter, clothing and health care not covered by public health care, so they do not need social assistance. Under IRPR section 132, the undertaking lasts:
| Person sponsored | Length of the undertaking |
|---|---|
| Spouse, common-law partner or conjugal partner | 3 years from the day they become a permanent resident |
| Dependent child under 22 | 10 years from the day they become a permanent resident, or until age 25, whichever comes first |
| Dependent child 22 or older | 3 years from the day they become a permanent resident |
The undertaking continues even if the relationship ends, the couple separates or divorces, or the sponsor’s finances change. If the partner receives social assistance during the undertaking, the government can ask the sponsor to repay it, and the sponsor will generally be barred from sponsoring anyone until the debt is repaid. There is usually no minimum income requirement for sponsoring a spouse or partner. One applies only when the sponsored family includes a dependent child who has dependent children of their own.
There is no longer a “conditional” permanent residence for sponsored spouses. The two-year cohabitation condition was removed in April 2017, so a sponsored partner’s PR status does not depend on staying in the relationship.
Processing Times
Processing times change regularly and differ between inland applications, outland applications and applications for Quebec residents. Check IRCC’s processing times tool for the current estimate before you apply, and remember that the estimate is based on past applications, not a promise. Complete applications with clear evidence generally move faster than those that require follow-up requests or interviews.
If an application has been delayed far beyond normal processing times without a reasonable explanation, a Federal Court order called mandamus may be available. Our article on mandamus applications to fast-track delayed files explains when it can help.
Partners who want to visit Canada while an outland application is in process can apply for a temporary resident visa or an eTA. A pending sponsorship does not by itself lead to a refusal, but the officer must still be satisfied that the visit is temporary. Parents and grandparents of the couple who want to visit for longer periods may consider the Super Visa.
Common Reasons Spousal Sponsorships Are Refused
| Refusal reason | Why it happens | How to reduce the risk |
|---|---|---|
| Relationship not genuine or entered into for immigration | Inconsistent answers, little evidence of a shared life, or relationship features the officer finds unexplained. | A consistent narrative, strong evidence over time, and frank explanations of any unusual features. |
| Sponsor not eligible | Five-year rule, unpaid support, prior default, social assistance or a previous undertaking. | Check every bar before filing. Clear debts first where possible. |
| Excluded relationship | Undeclared spouse (IRPR s. 117(9)(d)), prior marriage still in force, or common-law period under 12 months. | Legal review of the immigration history of both partners before applying. |
| Inadmissibility | Criminality, medical, security or misrepresentation findings against the partner. | Disclose fully. Address criminality through rehabilitation or other remedies first. |
| Misrepresentation | False or missing information, even if unintentional, including undisclosed previous refusals or relationships. | Answer every question completely and keep forms consistent with past applications. |
| Incomplete application | Missing forms, signatures, fees or translations. The file is returned rather than refused. | Follow the portal’s personalized checklist line by line. |
A misrepresentation finding is particularly serious. It generally makes the person inadmissible to Canada for five years. Our article on misrepresentation and fraud explains how seriously Canadian authorities treat inaccurate information.
What to Do If Your Spousal Sponsorship Is Refused
Outland (Family Class) refusals: appeal to the IAD
Under IRPA section 63(1), a sponsor whose family class application is refused can appeal to the Immigration Appeal Division of the Immigration and Refugee Board. The notice of appeal must be filed within 30 days after the sponsor receives the written reasons for the refusal (IAD Rules, s. 16), using the IRB’s sponsorship appeal form.
An IAD appeal is a new hearing. The couple can testify, call witnesses and file new evidence. The IAD can allow an appeal because the decision was wrong in law or fact, and in many cases it can also consider humanitarian and compassionate factors, including the best interests of any child affected. There are important limits:
- Under IRPA section 65, the IAD cannot consider humanitarian factors unless it first finds that the partner is a member of the family class and the sponsor is an eligible sponsor. For example, an undeclared spouse excluded under IRPR s. 117(9)(d) cannot win on humanitarian grounds at the IAD.
- Under IRPA section 64, there is no appeal where the refusal is based on security, human or international rights violations, organized criminality or serious criminality as defined in that section.
- A refusal for misrepresentation can still be appealed when the sponsored person is the sponsor’s spouse, common-law partner or child.
Inland refusals: judicial review
There is no IAD appeal for the Spouse or Common-law Partner in Canada Class. The remedy is an application for leave and judicial review in the Federal Court, which must be filed within 15 days under IRPA section 72. Because the partner is usually expected to leave Canada after the refusal, timing is critical. Our detailed guide on what to do when an immigration application is refused explains judicial review, reconsideration and reapplying in depth, and our immigration litigation team handles these cases.
Reapplying
In many cases a couple can also submit a new application with stronger evidence, sometimes under the outland class to secure appeal rights. Reapplying is usually the right choice when the refusal was caused by missing evidence that now exists. It is usually the wrong choice when the issue is a legal bar that a new application cannot cure.
Sponsoring from Quebec
If the sponsor lives in Quebec, the application is first submitted to IRCC. If the sponsor meets the federal requirements, IRCC sends instructions to apply to Quebec’s immigration ministry for an undertaking. IRCC cannot make a final decision until Quebec has decided on the undertaking. Some federal sponsor bars (default, family support arrears and bankruptcy) do not apply in Quebec, but Quebec has its own requirements, including in some cases an income requirement.
How Lewis & Associates Can Help
Lewis & Associates LLP has helped families reunite in Canada for more than 30 years. As a Canada immigration lawyer team based in Toronto, we review sponsor eligibility before anything is filed, help couples choose between inland and outland applications, organize relationship evidence, prepare clients for interviews, respond to procedural fairness letters and represent sponsors at the Immigration Appeal Division and the Federal Court.
Whether you are just starting or already facing a refusal, you can book a consultation, meet our lawyers, or contact our office. Learn more about all our Canadian immigration services.
Frequently Asked Questions
How much does it cost to sponsor a spouse to Canada in 2026?
IRCC’s fee list sets the government fee for a sponsored spouse or partner at $1,260, which includes the $600 right of permanent residence fee. Each dependent child costs $180, and biometrics are $85 per person or $170 for a family applying together. Medical exams, police certificates, translations and professional fees are extra.
Is there a minimum income requirement to sponsor my spouse?
In most cases, no. A minimum income requirement applies only if the sponsored family includes a dependent child who has dependent children of their own. Quebec may apply its own income requirements.
Can a permanent resident living outside Canada sponsor a spouse?
No. A permanent resident must live in Canada to sponsor. A Canadian citizen living abroad can sponsor if they show they will live in Canada when their partner becomes a permanent resident.
How long do we need to live together to qualify as common-law partners?
At least 12 consecutive months in a marriage-like relationship. Short, temporary separations for work or family reasons do not break the period.
Can my spouse work in Canada while the sponsorship is processed?
If you apply under the Spouse or Common-law Partner in Canada Class, your partner may be eligible for an open work permit once the application is accepted for processing, provided they live at your address and have valid temporary status or have applied to restore it.
Should we apply inland or outland?
Inland suits couples living together in Canada where the partner has status, and allows an open work permit. Outland allows travel and gives the sponsor a right of appeal to the Immigration Appeal Division if the application is refused. IRCC recommends the outland Family Class if you want appeal rights.
I was sponsored by my ex-spouse. When can I sponsor a new partner?
You must have been a permanent resident or citizen for at least five years before filing a new spousal sponsorship. If you sponsored a previous spouse, at least three years must also have passed since that person became a permanent resident.
What happens if we separate after my spouse becomes a permanent resident?
Your former spouse keeps their permanent resident status, because conditional PR was eliminated in 2017. You remain responsible under the undertaking for three years from the day they became a permanent resident, including repaying any social assistance they receive.
My spouse was not declared when I immigrated. Can I still sponsor them?
Usually not through the family class. IRPR section 117(9)(d) excludes family members who were not declared and examined when the sponsor immigrated, and IRCC’s temporary public policy that eased this rule ended for applications submitted after September 10, 2026. A humanitarian and compassionate application may still be possible, so get legal advice.
What can I do if my spousal sponsorship is refused?
For an outland (Family Class) refusal, the sponsor can usually appeal to the Immigration Appeal Division within 30 days of receiving written reasons. For an inland refusal, the remedy is judicial review in the Federal Court, which must be filed within 15 days.
This article provides general information about Canadian immigration law as of October 2026 and is not legal advice. Laws, fees, processing times and IRCC procedures change, and every case depends on its facts. Please contact a qualified lawyer about your specific situation.
