One of the objectives of the IRPA “Immigration and Refugee Protection Act” of Canada is “to see that families are reunited in Canada” (s.3(1)(d) of IRPA). The Act further explains who could be considered a family member.
IRPA s.12(1) Family Reunification “A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.”
As you can see spouse (husband or wife) and/or common-law partner is considered to be a family member under the immigration law. Therefore if you are a Canadian Citizen or Permanent Resident who qualifies to sponsor a family member then you may sponsor your spouse in order to immigrate to Canada and become a permanent resident.
Who is a Spouse or Common-law Partner?
The simple definition for spouse is somebody whom you are married to under the foreign country and/or Canadian laws. Visit the Citizenship and Immigration Canada (CIC) website for more information about the definition of spouse.
Common-law partner is somebody whom you have entered a conjugal relationship for at least 12 uninterrupted months. CIC further explains this term.
Conjugal partner is somebody who has been in a spouse-like relationship with you both physically and emotionally. Click here for more information.
According to Immigration and Refugee Protection Regulations certain relationships are excluded from the definition of spouse. Consult with a lawyer or an Immigration Consultant to make sure your case does not fall under any of those circumstances.
Who Can Sponsor Their Spouse?
In order to qualify as a sponsor you need to meet certain criteria. The “Immigration and Refugee Protection Regulations” (Part 7 Division 3) outlines 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 reside 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 sponsorships
- not be in another marital relationship at the time of marrying to your spouse and/or applying for your spouse
There are many other conditions that apply. For example you need to show that your application is genuine and you intend to reunite with your spouse. If the sponsor is in jail they will be denied. If the sponsor has committed a crime then there is very likely that they are not eligible to apply (certain conditions exist).
There are cases that the province of your residence may have entered some agreements with the federal government to govern the sponsorship program. I strongly suggest consulting with an immigration consultant or a lawyer in order to make sure you qualify to sponsor your spouse.
You may also visit the Citizenship and Immigration Canada website for further information and downloading necessary documents.
I wish you good luck with your application. I hope you reunite with your spouse very soon.
Relevant article: Immigration to Canada: Spouse, Conjugal and Common-law Partner definition
Hello Parsai; First thank you for being very helpful and nice. Before asking my questions I should mention that a couple of years ago I traveled to the US holding student visa. While being a student in there, I traveled to Canada several times to spend my school breaks with my family members in Toronto. I still had valid canadian visa When I got my degree in the US. I came to Canada and decided to stay here. Now I have a convention refugee status here and it has been almost 8 months that i’ve applied for permanent residence. I was told by my lawyer that it was gonna take 8 months for me to get my documents from CIC. I got the first stage of approval 3 months ago; did medical examination 2 and half months ago. I should mention that I have a very good record in the US and I traveled to the US from Pakistan. Considering my situation…..
1. how many more weeks it would take CIC to send me the second stage of approval
2. What would happen after the second stage of approval (are they gonna ask further documents and information?)
3. how long it would take to receive PR card?
Since you have a lawyer it would be better if you ask those questions from him/her. He will provide you with official answers and considering all aspects of your case. My answers would be unofficial and prone to error as I’m not fully aware of your case.
[...] عنوان پر خواننده ترین نوشته بخش انگلیسی: Can I sponsor my spouse (husband/wife) to immigrate to Canada [...]
hello Mr.Parsai
I have read the info on your website and eveything is fine except i had a question , i got married legally last september in Iran and i havnt done any paper work or anything like that yet only becouse my husbend has not done his military sevices yet he is stating in 12 days and he will only be doing 9months to a year of services, and i was wondering when do you think would be the best time for me to start the paper work also if you have any other info that would help me with the process could you plz let me know
Thank You
In order to start the paperwork he needs to hold a valid passport. So I guess you need to wait a bit longer.
Hi Al,
I am in Canada on visitors visa. I will be getting married with my fiance who is currently undergoing a divorce process which we expecet to be completed within a couple of months. In addition, we are expect our first baby in January of nex year.
1) After we get married, can i apply for permanent residency right away? How long does it take?
2) Will i get work permit after the marriage? How long does it take?
Thank you so much for your help in advance.
You may apply right after getting married. Just make sure that marriage needs to take place when her divorce is completed. You have no restriction in terms of applying for the work permit. Of course whether they issue one or not depends on the officer’s decision.
Hi Mr. Al
Can you sponsor your spouse for canadian permenant residency if you are already sponsored by a family member??
As long as you are legally a Permanent Resident of Canada there is no limitation on that. Of course, if you were married at the time you were coming to Canada and your spouse did not get examined by the visa officer then you cannot sponsor him.