Who can sponsor
You can sponsor if you are at least 18, a Canadian citizen, permanent resident or person registered under the Indian Act, and you live in Canada. A citizen living abroad can sponsor if they show they will live in Canada once their partner becomes a permanent resident. Permanent residents must be living in Canada.
You may not be able to sponsor if, among other things:
- you are receiving social assistance for a reason other than disability;
- you are in default on a previous sponsorship undertaking, court-ordered support or an immigration loan;
- you are an undischarged bankrupt, in prison, or subject to a removal order;
- you were convicted of a violent or sexual offence, or an offence against a family member, in certain circumstances; or
- you became a permanent resident as a sponsored spouse or partner less than five years ago, or a previous spousal sponsorship undertaking is still in effect.
There is usually no minimum income for spousal sponsorship. The exception is where a dependent child included in the application has a child of their own.
Which relationships qualify
| Relationship | What you need to show |
|---|---|
| Spouse | A legally valid marriage, recognized where it took place and under Canadian law. Both partners must have been present at the ceremony (proxy, telephone and online marriages generally do not count). |
| Common-law partner | At least 12 months of continuous cohabitation in a marriage-like relationship. Short absences for work or family are fine. |
| Conjugal partner | A committed relationship of at least one year where you could not live together or marry because of a serious legal or immigration barrier, or persecution. The partner must be outside Canada. |
Under section 4(1) of the Immigration and Refugee Protection Regulations, a relationship does not qualify if it is not genuine, or if it was entered into primarily to gain status in Canada. Either finding is enough for a refusal, so your evidence must address both.
Inland or outland: choosing a route
| Inland (spouse or common-law partner in Canada class) | Outland (family class) | |
|---|---|---|
| Where your partner is | Living with you in Canada | Anywhere, including in Canada |
| Work while waiting | Open work permit available to most applicants | Generally no open work permit through the sponsorship |
| Travel while waiting | Risky: leaving can affect the application and re-entry | Possible, subject to visas |
| If refused | No IAD appeal; Federal Court judicial review (15 days) | Sponsor can appeal to the IAD (30 days), including on humanitarian grounds |
The right choice depends on your partner’s status, how much they need to work or travel, and how risky the file is. Where there is a real chance of refusal, the IAD appeal available on outland files can be worth a great deal.
Evidence that proves a genuine relationship
Officers look at the relationship as a whole: how it began and developed, how much you know about each other, and whether your families and communities recognize it. Strong applications usually include:
- a clear relationship history, with dates that match your other immigration records;
- communication over time (calls, messages, visits) and travel records;
- wedding or engagement evidence, including guests, ceremony and photos across time;
- for couples living together, a joint lease or ownership, shared bills, joint accounts and insurance beneficiaries;
- letters from family and friends who know you as a couple; and
- an honest explanation of anything unusual, such as an age gap, a short courtship, a previous sponsorship, or different religions or languages.
Certified translations are required for documents not in English or French.
Interviews and procedural fairness letters
Where an officer has doubts, they may call one or both of you to an interview, often separately, or send a procedural fairness letter. Inconsistent answers about simple facts are the most common problem. We prepare both partners, in their own languages, and draft written responses to fairness letters. See IRCC and CBSA interviews.
If the application is refused
An outland refusal can be appealed by the sponsor to the Immigration Appeal Division within 30 days of receiving the reasons. The IAD hears the couple in person and can also grant relief on humanitarian grounds. An inland refusal has no IAD appeal; the route is an application for judicial review at the Federal Court within 15 days, or a fresh application with stronger evidence.
How ATWORLD IMMIGRATION helps
- We check eligibility for both sponsor and partner, including past sponsorships, criminal records and previous refusals.
- We advise on inland or outland, and on the open work permit.
- We build the evidence package and prepare a relationship narrative that addresses weak points directly.
- We prepare you for interviews and respond to procedural fairness letters.
- If the application is refused, we take the IAD appeal and coordinate any Federal Court review.
Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.