Household Sponsorship
Spousal Sponsorship
Immigration MythsSpousal sponsorship
Printed on: July twenty eighth, 2026
Reviewed by:
Renaud Dery
Spousal sponsorship is without doubt one of the most typical methods {couples} reunite in Canada, and in addition one of the vital misunderstood.
Misinformation spreads shortly on-line, and lots of it comes from outdated discussion board posts, well-meaning mates, or guidelines that utilized years in the past however not do.
To assist reduce via the noise, listed here are six of the commonest misconceptions we hear from {couples}, and the fact behind each.
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False impression 1: “You Cannot Sponsor Somebody Who’s Nonetheless Legally Married to Somebody Else”
This is without doubt one of the most persistent myths, and it isn’t totally improper, nevertheless it’s extra nuanced than most individuals assume.
In case your companion remains to be legally married to a earlier partner, they can’t be sponsored as your partner, since that class requires a legitimate authorized marriage to you particularly.
But when the earlier marriage has genuinely damaged down and your companion has been residing individually from their ex for at the least 12 consecutive months whereas constructing a life with you, they might qualify to be sponsored as a common-law companion as an alternative.
Actual-world instance: Contemplate a girl from a rustic the place civil divorce can take years to finalize because of spiritual household regulation. She has been separated from her husband for 3 years and has been residing together with her companion, who’s a Canadian citizen in the US for the previous two.
They intend to return to Canada after the sponsorship utility is full, however she can’t be sponsored as a partner. They might want to record their marital standing as common-law companions, offered they’ll clearly doc the separation and cohabitation.
Study in regards to the distinction between partner, common-law, and conjugal companion classes →
False impression 2: “You Should be Married for a Sure Quantity of Time Earlier than You Can Sponsor Your Partner”
There is no such thing as a ready interval after marriage for spousal sponsorship. IRCC doesn’t require you to be married for six months, a yr, or any particular size of time earlier than submitting your utility.
This false impression seemingly comes from complicated spousal sponsorship with common-law companion sponsorship, which requires 12 steady months of cohabitation in a marriage-like relationship earlier than you’ll be able to apply.
Actual-world instance: A Canadian citizen marries her companion overseas in a small ceremony in April. As a result of they’re legally married, she will start the sponsorship utility instantly.
She doesn’t want to attend a yr, and he or she doesn’t must show a previous interval of cohabitation, because the marriage itself establishes the connection.
The genuineness of the connection nonetheless issues enormously. IRCC will nonetheless scrutinize whether or not the wedding is actual, not entered into for immigration functions, however there isn’t any clock that should run out first.
Study extra in regards to the spousal sponsorship course of at Canadim →
Test present IRCC processing occasions for spousal sponsorship →
False impression 3: “If You Overstayed Your Visa, You Can Apply for the Open Work Allow as Quickly as You Get Your Acknowledgment of Receipt (AOR)”
For candidates who maintained legitimate standing all through, the usual rule is {that a} Spousal Open Work Allow may be utilized for as soon as IRCC points the Acknowledgment of Receipt confirming the everlasting residence utility is full.
However if you’re out of standing, that means you overstayed a visa, labored or studied with out authorization, or in any other case fell out of compliance, and your utility is being processed below Canada’s public coverage for out-of-status spouses, the rule is completely different.
You don’t turn into eligible for the open work allow on the AOR stage. You will need to wait till IRCC points you an Approval in Precept (AIP) or Eligibility Met letter earlier than you’ll be able to apply.
Actual-world instance: An applicant overstayed a examine allow by a number of months earlier than marrying her Canadian companion. Her sponsorship utility receives its AOR pretty shortly. Nonetheless, as a result of her file is being processed below the out-of-status public coverage, she just isn’t but eligible for a piece allow.
She has to attend for her AIP letter, which usually comes later within the course of, earlier than she will legally begin working.
This hole between AOR and AIP can imply months with out work authorization for out-of-status candidates, which is a crucial factor to plan for financially.
Study extra about spousal sponsorship work permits →
False impression 4: “As soon as You are Sponsored, You Should Transfer to Canada Proper Away”
Everlasting residence provides you the suitable to dwell in Canada. You sometimes have a yr to land in Canada in your everlasting resident visa, however you don’t want to truly dwell in Canada after that.
To take care of Canadian everlasting residency, you might want to dwell in Canada for 2 years in each 5 years.
So after being granted Canadian PR, you can make a journey to Canada, land in your visa, after which dwell one other two to a few years exterior of Canada.
Actual-world instance: A pair finalizes their sponsorship utility whereas the sponsored partner is of their ultimate yr of their bachelor’s diploma in the US.
The sponsored partner plans to finish a two-year grasp’s diploma in the US following that. So the couple waits eight months to enter Canada, which prompts their PR standing, after which returns to the US for one more two years so the sponsored partner can end their grasp’s diploma.
That stated, provided that everlasting residents should meet a residency obligation of at the least 730 days inside each 5 years to keep up their standing, in case you delay transferring to Canada for an prolonged interval, it’s price understanding how that requirement applies to your state of affairs.
Study extra about Canadian everlasting residency obligations →
False impression 5: “Sponsors Have to Meet a Minimal Earnings Requirement”
This is without doubt one of the extra reassuring misconceptions to right. In contrast to sponsoring a mother or father or grandparent, which requires the sponsor to fulfill a minimal revenue threshold, there may be no revenue requirement for sponsoring a partner or common-law companion.
Actual-world instance: A latest graduate working part-time whereas finishing knowledgeable designation desires to sponsor his spouse. As a result of that is spousal sponsorship, his revenue stage doesn’t disqualify him.
He does must exhibit that he can assist his partner’s primary wants and isn’t receiving social help for causes aside from a incapacity, however there isn’t any greenback determine he must hit.
Evaluate sponsor necessities for spouses versus mother and father and grandparents at Canadim →
False impression 6: “If Our Relationship Adjustments Throughout Processing, it Would not Matter as Lengthy as we Do not Inform IRCC”
This false impression is harmful and value addressing straight.
In case your relationship breaks down, or in case you separate or divorce, whereas your sponsorship utility remains to be being processed, you’re required to tell IRCC.
Failing to reveal a fabric change in your relationship standing may be handled as misrepresentation, which carries severe penalties, together with a discovering of inadmissibility that may have an effect on your potential to enter or apply to Canada for years afterward.
Actual-world instance: A pair separates halfway via processing however decides to not point out it to IRCC, hoping the appliance will merely be authorised earlier than anybody notices.
If IRCC later discovers the separation predated the ultimate choice, the file may be refused, and the sponsored partner can face a misrepresentation discovering that follows them into future functions.
In case your relationship adjustments in the course of the course of, get authorized recommendation earlier than deciding easy methods to proceed. There could also be choices out there to you, however silence just isn’t one in every of them.
See IRCC’s official steering on misrepresentation →
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Each household’s state of affairs is a bit completely different, and normal info can solely take you thus far.
In case you’re not sure how these guidelines apply to you, whether or not it’s a sophisticated relationship historical past, a standing concern, or just wanting to ensure your utility is constructed accurately from the beginning, Canadim’s immigration legal professionals can stroll you thru precisely the place you stand.
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