Outland Spousal Sponsorship Canada

The spousal sponsorship process outside of Canada, under the family sponsorship program, allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner for permanent residency in Canada, regardless of where they currently reside. As part of Canada’s commitment to reunite families quickly, most applications are processed in approximately 12 months. While this program is designed for sponsored individuals living abroad, candidates residing in Canada can also choose to apply for sponsorship from outside, allowing them to travel in and out of Canada during the processing of their application.

Sponsorship applications for spouses include eligibility conditions for both the Canadian sponsor and the sponsored person. To sponsor a spouse or common-law partner, the sponsor must:

1. Be a Canadian Citizen or Permanent Resident:
   • Must be residing in Canada.
2. Age Requirement:
   • Must be at least 18 years old.
3. No Previous Sponsorship:
   • Must not have received a spousal sponsorship in Canada within the last five years.
4. Legal Status:
   • Must not be in prison, charged with a serious crime, or declared bankrupt.
5. No Removal Order:
   • Must not be subject to a removal order if they are a permanent resident.

Unlike the inland spousal sponsorship, the sponsored person does not need a valid temporary status in Canada for outland sponsorship applications, as long as they are not living in Canada. The sponsored person must also be at least 18 years old and must not be a close relative of the sponsor. The relationship must be recognized as a legal marriage, common-law partnership, or conjugal partnership by IRCC.

To be legally valid, the marriage must be officially recognized in Canada or, if celebrated abroad, recognized in both the country of origin and Canada. Same-sex marriages must take place in a country where such marriages are legal to be considered valid for sponsorship purposes. If the marriage is not valid, the couple may apply as common-law partners or conjugal partners, provided they can prove the existence of that relationship.

As part of spousal sponsorship outside of Canada, the sponsor is not required to meet the minimum necessary income (MNI) for eligibility if they are sponsoring their spouse or children. However, if a Canadian citizen or permanent resident sponsors their parents, grandparents, or other dependents, they will need to meet the minimum necessary income requirement for those family members.

The outland sponsorship process allows your spouse or partner to leave Canada and return as a visitor during the processing of the application. This process is generally faster than inland sponsorship. Additionally, outland sponsorships come with the right to appeal.

If the sponsor resides in the province of Quebec, they will likely have to meet additional requirements. They must financially commit to supporting the family member they are sponsoring. The duration of this commitment varies depending on the relationship. For the sponsorship of a spouse, the sponsor must commit to financially supporting their spouse, common-law partner, or conjugal partner for three years.