Spouse and Common Law Immigration in Canada

Find out everything you need to know about spousal sponsorship for Canada

Find out everything you need to know about spousal sponsorship for Canada, or how a Canadian can sponsor their spouse or common law partner to permanently live with them in Canada, as well as spouse PR for Canada.

Once you are together, you are also eligible for the spouse or common law partner amount. If you supported your spouse or common-law partner at any point throughout the year, you can claim this non-refundable credit.

What is spouse and common law immigration?
Both Canadians and Canadian permanent residents can apply to sponsor their spouse or common law partner to live with them in Canada. The Canadian government understands that families should be together. As such, it’s a high priority type of immigration.

Who is eligible?
In order to immigrate under the spouse/common law partner category, the person immigrating must be over 18 years old. The couple must also be planning to live in Canada. Importantly, the Canadian or permanent resident partner must be able to financially support the immigrating partner for three years.

It’s common to be confused about the meaning of common law partner. In short, for the purposes of immigration a common law partner has all the same rights as a spouse to be with their Canadian partner. The two people involved must be living together for at least a year in a “marriage-like” relationship.

When assessing the application, the Canadian government will look for proof of significant emotional and interpersonal relationships. These should show that the two people involved are in a serious, committed relationship with the goal of staying in it for the long haul.

When assessing the application, the Canadian government will look for proof of significant emotional and interpersonal relationships. These should show that the two people involved are in a serious, committed relationship with the goal of staying in it for the long haul.

Basic necessities are food, clothes, shelter and other things needed to live. It also covers health costs including dental and eye care.

Documents Required

Be ready to show proof that you and your common law partner or spouse are actually together. For spouses, these include:
  • ⬤ A marriage certificate
  • ⬤ Photos and wedding invitations
  • ⬤ Birth certificates or adoption paperwork for any children together
  • ⬤ Proof of the marriage’s registration with a government agency
    • Common law partners must fill out a Relationship Information and Sponsorship Evaluation questionnaire and prove that they’ve lived together for at least a year.The common law partner proof that Canada accepts can be a range of things.

    Documents that prove living arrangements like:

  • ⬤ Shared ownership of residential property
  • ⬤ Joint leases or rental agreements

    • Documents showing shared utility charges, including:

  • ⬤ Gas
  • ⬤ Electricity
  • ⬤ Telephone
  • ⬤ Joint utility accounts

    • Important documents for both partners with the same address, including:

  • ⬤ Driver’s licenses
  • ⬤ Insurance policies
  • ⬤ Identification documents

    • Other Requirements: Medical Exam, Police Certificate, Biometrics

    In addition to the other documents, the immigrating partner has to provide the following.

    Firstly, they will be contacted when it is time for them to complete a mandatory medical exam.

    A police certificate is also required both from the current country where they live, and anywhere they’ve lived for over 6 months since turning 18.

    Biometrics, i.e., photos and fingerprints, must also be provided. In some cases if they’ve been provided previously there may not be any need to give them again.

    Application Fees

    The fee is CAD 1,050. Additionally, there’s the sponsorship fee of CAD 75, a principal applicant processing fee of CAD 475 and a right of permanent residence fee (which is refundable if PR is not granted) of CAD 500.

    How long does it take for spouse or common law applications to be decided?

    Spouse PR processing time varies, but can take up to 12 months. The Canada spouse PR processing time includes the time the government takes to check eligibility, assess both partners, and the time for giving biometrics.