Introduction to Spousal Sponsorship Inside Canada
Canada offers one of the most supportive family reunification programs in the world. The spousal sponsorship program allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residency while they are already living in Canada. This type of sponsorship is known as Inland Sponsorship.
This pathway is ideal for couples already residing together in Canada, as it allows the sponsored spouse to apply for a work permit while waiting for their PR application to be processed. However, the process requires careful documentation and strict compliance to Immigration, Refugees and Citizenship Canada (IRCC) guidelines to avoid delays or refusals.
Who Can Apply for Spousal Sponsorship?
Eligibility Criteria for Sponsors
To sponsor your spouse or common-law partner, you must:
- Be a Canadian citizen or permanent resident.
- Be at least 18 years old.
- Be financially capable of supporting your spouse.
- Not be receiving social assistance (except for disability benefits).
- Not have been convicted of certain crimes, especially those related to domestic violence or sexual offenses.
- Not be bankrupt or under immigration-related penalties.
Eligibility Criteria for Sponsored Spouses
The person being sponsored must:
- Be legally married to or in a common-law relationship with the sponsor.
- Be physically present in Canada when applying.
- Have valid temporary status (visitor, student, or worker) in Canada.
- Not be inadmissible due to criminal or medical reasons.
Types of Spousal Sponsorship in Canada
Inland vs. Outland Sponsorship
There are two ways to apply for spousal sponsorship:
- Inland Sponsorship (for spouses already in Canada)
- Outland Sponsorship (for spouses outside Canada)
Which One Should You Choose?
- Choose Inland Sponsorship if your spouse is already in Canada and plans to stay while the application is processed.
- Choose Outland Sponsorship if your spouse is living abroad and might need to travel during the application process.
Requirements for Spousal Sponsorship Inside Canada
Proof of Genuine Relationship
IRCC requires strong proof that your marriage or common-law relationship is real. You must provide:
- Marriage certificate (if applicable)
- Photos of your relationship
- Joint bank accounts or leases
- Affidavits from family and friends
- Communication records (chat logs, emails, travel history)
Financial Requirements
Unlike other sponsorship categories, there is no minimum income requirement for spousal sponsorship. However, the sponsor must sign an undertaking agreement promising financial support for the spouse for three years after PR approval.
Status Requirements for the Sponsored Person
The spouse being sponsored must have legal status in Canada (visitor, student, or worker). If their status expires, they may apply for restoration of status within 90 days.
However, the current Public policy A25 allows out-of-status spouses or common-law partners in Canada to apply for sponsorship without needing legal immigration status. It exempts them from status-related inadmissibility but requires them to meet all other sponsorship requirements.
How to Apply for Spousal Sponsorship Inside Canada
Step-by-Step Application Process
- Gather Required Documents
- Fill Out the Sponsorship and PR Application Forms
- Submit Biometrics and Medical Exam
- Pay Processing Fees
- Submit the Application to IRCC
Required Documents
- Marriage certificate
- Passport and immigration documents
- Police clearance certificate
- Medical examination results
- Proof of relationship
Fees and Processing Time
- Sponsorship fee: $85
- Principal applicant fee: $545
- Right of Permanent Residence Fee (RPRF): $575
- Biometrics fee: $85
Processing times vary but typically take 6-18 months.
Spousal Open Work Permit (SOWP)
Who Can Apply?
Spouses applying under Inland Sponsorship can apply for an Open Work Permit while waiting for PR approval.
Benefits of an Open Work Permit
- Allows the spouse to work legally in Canada.
- Helps financially support the couple.
- Provides work experience for future PR applications.
Processing Time for Spousal Sponsorship Applications
IRCC processing times for Inland Spousal Sponsorship typically range from 6 to 18 months, but as per the latest update, the current processing time is 28 months. Delays may occur due to missing documents, high application volumes, or additional verification requirements.
Common Reasons for Spousal Sponsorship Refusals
Red Flags in Applications
- Lack of proof of genuine relationship.
- Incomplete application forms.
- Criminal inadmissibility of the spouse.
How to Avoid Refusals
- Provide extensive relationship proof.
- Double-check application forms.
- Seek legal assistance if needed.
Applying for Judicial Review: Spousal Sponsorship Inside Canada
Inland spousal sponsorship applications cannot be appealed to the Immigration Appeal Division (IAD) if refused. However, under Section 72 of the Immigration and Refugee Protection Act (IRPA), you have the right to request a judicial review of the decision.
Key Points About Judicial Review
- You must file an application for a Federal Court review within 15 days of receiving the refusal.
- The court will assess whether IRCC made a legal or procedural error in the decision.
- A judge will determine if your case should be reconsidered.
Alternative Option
If you believe your application was denied due to missing documents or insufficient proof, you may choose to submit a new application with stronger evidence to support your case.
Living in Canada While Waiting for Sponsorship Approval
Healthcare and Social Services
- Sponsored spouses do not qualify for public healthcare (such as OHIP in Ontario) until their PR is approved.
- Some provinces allow work permit holders to access healthcare.
Travel Restrictions
- Inland sponsorship applicants should avoid traveling outside Canada, as leaving may impact their application.
- If urgent travel is needed, discuss options with an immigration consultant or lawyer.
Can You Leave Canada While Your Application Is in Process?
While technically allowed, leaving Canada can pose risks:
- If IRCC requests an interview and you are not in Canada, your application may be delayed or refused.
- If you have an expired visa or permit, re-entering Canada might not be possible.
For these reasons, it is strongly recommended that inland applicants remain in Canada until PR approval.
Rights and Responsibilities of a Sponsor
Rights of a Sponsor
- Sponsors can withdraw their application before PR is granted.
- They have the right to receive updates on the status of their application.
Responsibilities of a Sponsor
- Sponsors must sign an undertaking agreement committing to financially support their spouse for 3 years after PR approval.
- If the marriage ends, the sponsor is still responsible for the spouse’s basic needs.
Responsibilities of a Sponsored Spouse
- Sponsored spouses must not apply for social assistance (welfare).
- They must comply with Canadian laws and immigration requirements.
- If a couple separates before PR is granted, the sponsored spouse must inform IRCC.
Spousal Sponsorship and Permanent Residence (PR) Approval
Once approved, the sponsored spouse receives:
- Confirmation of Permanent Residence (COPR)
- A PR card, usually within a few months
After PR approval, the spouse:
- Can work, study, and live in Canada permanently.
- Can apply for Canadian citizenship after meeting residency requirements.
Conclusion and Final Tips
Spousal sponsorship inside Canada is a great way to reunite with your partner, but the process can be complex. To ensure success:
- Submit a complete and well-documented application.
- Apply for an open work permit to support financial stability.
- Avoid common mistakes that can lead to refusals.
- Stay in Canada while your application is being processed.
For the best chances of success, consider consulting an immigration expert to review your application.
FAQs on Spousal Sponsorship Inside Canada
1. Can I sponsor my spouse if I am unemployed?
Yes, there is no minimum income requirement for spousal sponsorship. However, you must prove you can financially support your spouse.
2. How long does spousal sponsorship take inside Canada?
The processing time typically ranges from 6 to 18 months, depending on IRCC workload and application completeness. However, the current processing time for inland spousal sponsorship application has increased to 28 months.
3. Can my spouse work in Canada while waiting for PR?
Yes! They can apply for a Spousal Open Work Permit (SOWP) while waiting for their PR application to be processed.
4. What happens if my application is refused?
You can either appeal the decision or submit a new application with stronger supporting documents.
5. Can I cancel my sponsorship after applying?
Yes, you can cancel before PR is granted. However, once approved, you remain financially responsible for your spouse for 3 years.
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