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What are the requirements to Sponsor Spouse in Canada

What are the requirements to Sponsor Spouse in Canada

The process and requirements to sponsor your partner for Canada PR is quite different from other visa categories.

For Spouse visa application, language proficiency, work experiences and an educational qualifications are not a compulsory selection parameters.

Let's talk about the requirements and process to become a sponsor in details.

What are the key requirements?

To sponsor their spouse or common law partner:

  • You must age minimum 18 years
  • You must be a Canadian citizen or permanent resident or be registered as an Indian under the Canadian Indian Act
  • If you’re a Canadian citizen but lives outside Canada, then you must prove your plans to live in Canada as soon as your sponsored partner becomes permanent resident
  • You cannot sponsor your spouse if you are a permanent resident but lives outside Canada
  • You must prove that you are not taking any social assistance from the government for any other reason except physical or mental disability
  • You must prove that you can fulfill basic needs of the person you are sponsoring
  • You must promise an undertaking to provide financial support to your family members sponsored by you, starting from the day they become permanent residents
  • You must repay any provincial social assistance that your family members receive in that duration

Additionally, you and your sponsored spouse must agree to a few responsibilities during their undertaking period, that is known as a sponsorship agreement.

This sponsorship agreement means:

  • you’ll support for the basic needs of your sponsored partner or spouse
  • the person you are sponsoring will make efforts to support themselves
  • While applying, you’ll complete and sign a form including a sponsorship and undertaking agreement.

What is the income requirement?

In most situations, there is no specific income requirement to sponsor a spouse or partner. You are require to show only enough proof of funds, if:

  • Your sponsored spouse or partner is coming with a dependent child, and that child also has 1 or more children

When you can’t sponsor your spouse or common law partner?

You are not eligible to sponsor your spouse or partner, if:

  • You are less than 18 years of age
  • You are not living in Canada while your sponsored spouse became permanent resident
  • You are not a Canadian citizen or permanent resident, or not even registered as an Indian under the Canadian Indian Act
  • You are a temporary resident of Canada, and came to Canada for visiting, working or studying on a permit or visa
  • Your PR visa application is still in process
  • You your permanent resident status is still pending at the time of submitting your sponsorship application
  • You don’t have enough proof of funds to support your sponsored spouse or partner

You may not qualify as a sponsor for your spouse or partner's PR visa application, if:

  • You were sponsored by your spouse or common law partner and your permanent resident status is less than 5 years
  • Are still financially supporting your previous spouse or common law partner that you had sponsored in past 

You may not qualify as a sponsor for your spouse or partner, if: 

  • You are in jail or a penitentiary
  • You haven't pay back an immigration loan, a performance bond or court-ordered family support fees like alimony
  • You didn’t give the required financial support as signed by you in a a sponsorship agreement to a spouse you had sponsored in the past
  • You have been declared as bankrupt
  • You take social assistance from government for any other reason except disability
  • You were convicted of threatening or committing any criminal offence
  • You can’t stay in Canada legally and have received a Removal Order to leave the country

How your spouse or partner can study in Canada?

If your spouse or common-law partner is already living in Canada on a study permit, they he or she can continue to study till the validity of study permit or student visa because it is illegal to study in Canada without IRCC's authorization.

In case, your spouse or common-law partner is in Canada with you and have applied to become a member of the Spouse or Common-Law Partner in Canada class, then they must apply for open work permit as well along with their permanent residence visa application.

Your spouse or common-law partner can qualify for an open work permit in Canada, if you:

  • Have a valid study permit an
  • are already a full-time student at a public post-secondary school, college or university or a private school that awards degrees legally under provincial law

In order to apply for spouse visa Canada for students, skilled professionals or dependent spouse or common law partners, you must follow a step-by-step process.

Here is a step wise process to sponsor your spouse:

  • Gather the documents and fill the forms
  • Pay your application fees that includes, Sponsorship fee of $75, principal applicant processing fee of $475 and right of permanent residence fee of $490 and Biometrics Fee
  • Submit your application and along with required documents via regular mail or courier service
  • Wait for your application processing 

To conclude, to become an eligible sponsor for your spouse, do your homework in advance and understand all the technicalities involved.