Can I Sponsor My Spouse (Wife/Husband) to Immigrate to Canada?
One of the objectives of the IRPA, or rather the Immigration and Refugee Protection Act of Canada, is “to see that families are reunited in Canada” (see s.3(1)(d) of the IRPA). The Act further describes Family Reunification as an acceptable method of immigration under subsection 12(1):
IRPA s.12(1) Family Reunification “A foreign national may be selected as a member of the family class based on their relationship as the spouse, common-law partner, child, the parent or other prescribed family member of a Canadian citizen or permanent resident.”
As you can see, a spouse (a husband or wife) or a common-law partner is considered a family member under immigration law. Therefore, if you are a Canadian Citizen or Permanent Resident who qualifies to sponsor a family member, you may sponsor your spouse to immigrate to Canada and become a permanent resident.
Who is a Spouse or Common-law Partner?
A spouse’s simple definition is somebody you are married to under a foreign country and Canadian laws. A common-law partner is somebody you have entered a conjugal relationship with for at least 12 uninterrupted months (i.e. cohabiting, intimate relationship, and financial dependency). A conjugal partner has been physically and emotionally in a spouse-like relationship with you. The following article explains these terms in more detail:
According to the Immigration and Refugee Protection Regulations, certain relationships are excluded from the definition of spouse. Consult with a lawyer or an Immigration Consultant to ensure your case does not fall under any of those circumstances.
Who Can Sponsor Their Spouse?
To qualify as a sponsor, you need to meet specific criteria. The “Immigration and Refugee Protection Regulations” (Part 7, Division 3) outline such criteria. For example, you must…
- be a Canadian citizen or permanent resident
- be at least 18 years old
- reside in Canada (under certain conditions, you may not live in Canada at the time of application)
- file the sponsorship application according to the guidelines
- do not owe the government of Canada or your provincial government money or other obligations due to previous sponsorship
- not be in another marital relationship at the time of marrying your spouse or applying for your spouse
Many different conditions apply. For example, you must show that your application is genuine and that you intend to reunite with your spouse. If the sponsor is in jail, they will be denied. If the sponsor has committed a crime, they are likely not eligible to apply (certain conditions exist).
Sometimes, your residence province may have signed agreements with the federal government to govern the sponsorship program. I strongly suggest consulting with an immigration consultant or a lawyer to ensure you qualify to sponsor your spouse.
Relevant articles:
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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