Spousal Sponsorship
This category of family class allows an eligible sponsor to sponsor their spouse, common-law partner or conjugal partner, who are either living with the sponsor in Canada or outside Canada. If it’s from within Canada, the sponsored spouse may be able to apply for Open work permit if they are otherwise eligible for a work permit being issued to them. If you are a Canadian citizen, you can sponsor while living outside Canada if you are going to live in Canada once permanent residence is given. A sponsor can include their dependent children in their sponsorship application and their spouse’s application for permanent residence. Also, they can sponsor only their dependent children, as the case may be; under this category. A child under 22 years, can be sponsored, if divorced, as a dependent child.
To sponsor your spouse, common-law or conjugal partner with no dependent child or with a dependent child with no dependent child, or dependent child with no dependent child of their own, or an adopted person under 18 years, there is no minimum income criteria. But if you want to sponsor a spouse/ common-law partner or conjugal partner who has a dependent child who has their own dependent child, or a dependent who has their dependent child, then you will have to meet the Low Income cut off requirements, for past 12 months.
During this length of undertaking, through this undertaking the sponsor makes a promise to provide financial support for the basic needs of the sponsored family members which include shelter, clothing, food, eye care, dental care, other needs of day to day life as well as the expense for health care which is not covered under public health services programmes.
The length of undertaking for spouse, common-law partner or conjugal partner is 3 years. For dependent children under 22 years, its 10 years or the day child becomes 25 years of age, whichever comes first. For dependent children above 22 years, its 3 years from the day they make entry into Canada as a Permanent Resident.
The person being sponsored as a spouse, common-law partner or conjugal partner must not be under 18 years of age when applying. A sponsor cannot sponsor a new spouse if has sponsored spouse, common-law partner or conjugal partner 3 years ago and a sponsored spouse cannot sponsor someone under the same category if he/she has been sponsored under this category by his/her spouse less than 5 years ago to become a Permanent Resident.
For a marriage to be considered, it should be legal, valid in country where the marriage took place as well as in Canada and must have been done when both have been at least 16 years old. Hence, proxy marriages are not acceptable except if it was with a Canadian Forces member deployed. There should be a legal document to satisfy as an evidence of an authentic marriage took place. Sponsor or the person being sponsored must not be spouse of another person while application submission.
If you did not include your spouse, common-law partner, were not examined, cannot be sponsored. You have lived apart and there is another person as a conjugal or common-law partner, then your sponsorship application will not be accepted.
Once the decision on your sponsorship application is made, it can’t be withdrawn and stays despite a divorce, break up, financial situation or sponsored person moves somewhere else.