How to Get Spousal Sponsorship Approved in Canada

If you are a United States citizen and want to move to Canada with your spouse, you may need to submit a petition for spousal sponsorship. The process can be complicated but with the right information and help, you can get your application approved.

Immigration, Refugees and Citizenship Canada (IRCC) has recently made changes to its family sponsorship process that make it faster than ever before. However, applicants must still satisfy the government’s regulatory and legislative family sponsorship requirements.

You must be in a genuine relationship

You can only be sponsored as a spouse or common-law partner if you are in a genuine relationship and are not entering the relationship solely to gain privilege under Canada’s immigration laws. Such “marriages of convenience” can result in approval from Immigration, Refugees and Citizenship Canada being delayed or even withheld.

To prove your relationship, you can provide a valid marriage certificate or other documents that verify the nature of your marriage. You can also submit sworn affidavits or letters from family and friends to support your claim.

As a sponsor, you will have to sign an undertaking pledging to financially support your sponsored spouse or partner and their dependent children for three years after they become permanent residents. This means you must be able and willing to provide sufficient funds for their room and board, clothing, utilities, personal things like shampoo and toothpaste, petrol, household goods, dental care, eye care and any other health needs that aren’t covered by public health services.

You must be a United States citizen or green card holder

Green cards give you the right to live, work, and travel in the United States on a permanent basis. They also let you apply for certain close family members to receive green cards as well.

Green card holders can live anywhere in the United States and are eligible to receive government-sponsored financial aid for education. They can also apply for social security benefits.

A green card is also known as an Alien Registration Receipt Card (ARRC). It is issued by US Citizenship and Immigration Services (USCIS) and is a bright green document that shows you are legally residing in the United States on a permanent basis.

Spousal Sponsorship is a form of family sponsorship and requires the sponsor to pledge that they will provide the sponsor’s spouse with financial support, based on 125% of the federal poverty level. This includes room and board, clothing, utilities, personal items like shampoo and toothpaste, fuel, household goods, dental treatment, and any medical care not covered by public health services.

You must have a valid work permit

If you're applying to sponsor your spouse or common-law partner to Canada, you must have a valid work permit. You can get this from Immigration, Refugees and Citizenship Canada (IRCC) by filing Form IMM 5533, Work Permit for Spouse or Common-Law Partner in Canada.

A work permit is a photo identity card that looks like a driver's license. It allows you to legally work in the United States as long as your status permits it.

In some cases, you may be required to provide a job offer. However, this is usually not a requirement for spouse sponsorship.

You can also apply for an open work permit while your spouse's inland sponsorship application is pending, and you can use it to work in Canada while your sponsored spouse is waiting for his or her permanent resident status.

Whether you're a student or working, it is important to get a valid work permit while your spousal sponsorship application is pending. This will allow you to work while your marriage green card application is pending and protects you from being unemployed.

You must be able to support your spouse

When you are in a relationship, it is important to be there for one another and support each other through difficult times. This can include being compassionate in your spouse’s career and helping them through their diagnosis of cancer or other health issues.

IRCC takes this into consideration when assessing spousal sponsorship applications. If you do not provide adequate proof of your relationship, you will not be approved as a sponsor.

As such, it is crucial to submit only accurate documents. If you are unsure about whether or not your relationship is legitimate, consult with a Canadian immigration lawyer.

As of 2023, spousal sponsorship applicants should link their paper-based application to an online account. This allows IRCC to communicate with you directly and avoid delays.