Canadian citizens or permanent residents living with their spouse in Canada can submit a sponsorship application through the family class dedicated to inland spousal sponsorship.
Inland Spousal Sponsorship Canada
Inland sponsorship allows candidates to remain in Canada while their permanent residency application is being processed. If the candidate’s temporary status expires before this period ends, they must apply for an extension or a new status to maintain their legal status in Canada. Generally, spousal sponsorship applications are processed in about 12 months.
While it is possible to travel abroad during the application processing, this is not advisable. If the sponsored person is denied entry to Canada, their application may be deemed abandoned, requiring a new application. If the sponsored person does not have legal status in Canada, they will need to apply for sponsorship from abroad.
Requirements for Spousal Sponsorship Within the Country
For a Canadian citizen or permanent resident to be eligible to sponsor their spouse or common-law partner, they must:
- Be a Canadian citizen or permanent resident living in Canada or planning to do so when the sponsored partner obtains permanent residence.
- Be at least 18 years old at the time of application.
- Not have received spousal sponsorship in Canada within the last five years.
- Not be bankrupt, detained, or charged with a serious crime.
- Not be subject to a removal order, if a permanent resident.
- Prove that they are not receiving social assistance for reasons other than disability.
Additionally, the relationship between the sponsor and the sponsored person must be recognized by IRCC:
- Legal Marriage: When the couple is legally married, and the marriage is valid under the laws of the country where it was celebrated or under Canadian laws. Same-sex marriages must be performed in a country where they are legal to be recognized in Canada. If the marriage is not valid in the country of origin, an application can be submitted if a common-law relationship can be proven.
- Common-Law Partner: When the couple has lived together for at least 12 consecutive months, without a certificate or legal proof of commitment.
Minimum income required for spousal sponsorship
Canadian citizens or permanent residents who sponsor only their spouse or common-law partner are not required to provide proof of their financial situation or meet the minimum income requirement (MIR), unlike other types of sponsorship applications required by the Government of Canada. This rule also applies to the sponsorship of your children or those of your spouse. However, if you are sponsoring parents, grandparents, or other dependents, you will need to meet the minimum income requirement based on the size of your family unit.
Advantages of Applying for Inland Sponsorship
Open Work Permit for a Spouse
Applying for spousal sponsorship in Canada can be financially challenging if the sponsored person holds only a temporary visitor visa and cannot work. To alleviate the stress associated with long processing times, some candidates may apply for an open work permit for their spouse simultaneously with their sponsorship application. This permit allows the spouse to work legally for any employer in Canada. To obtain this permit, the sponsored spouse must have a valid temporary visa, reside at the same address as the sponsor, and meet the required eligibility conditions.
Staying Together During the Process
Inland sponsorship offers the advantage of allowing couples to stay together throughout the application process, fostering unity and emotional support. Although processing times may take longer than in the “outland” program, the ability to remain together during this crucial period is a significant benefit for those wishing to maintain their relationship and commitment while pursuing permanent residency in Canada.
Sponsorship of a Spouse in Quebec
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