Guide 3900 – Before You Apply, Sponsor Spouse/Dependent Child

Before You Apply

Sponsorship under the family class

The Canadian government allows citizens and permanent residents of Canada to sponsor members of the family class, but it requires that arriving immigrants receive care and support from their sponsors.

Members of the family class include a sponsor’s spouse, common-law partner or conjugal partner; a dependent child of the sponsor; the sponsor’s mother or father; a person the sponsor intends to adopt; and other relatives of the sponsor as defined by regulation.

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Information on Conditional Permanent Residence

As of October 25, 2012, CIC introduced amendments to the Immigration and Refugee Protection Regulations. The amendments specify that spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less and have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years after the day on which they became a permanent resident. The conditional measure only applies to permanent residents whose applications are received on October 25, 2012, or after the day that the amendments come into force.

Examples

Condition applies if the couple:

• is married for two years or less; or
• dated for four years, but is married for two years or less; or
• have been in a conjugal relationship for two years or less; or
• has cohabited in a common-law relationship for two years or less; and
• Do not have any children in common

Condition does not apply if the couple:

• is married for more than two years; or
• have been in a conjugal relationship for more than two years; or
• has cohabited in a common-law relationship for more than two years; or
• Have children in common.

For more information, consult Information for Sponsored Spouses or Partners.

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Who may use this application?

This application guide is designed for Canadian citizens and permanent residents of Canada who are 18 years of age or older and wish to sponsor members of the family class.

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What does it mean ‘‘to sponsor’’?

When you agree to be a sponsor, you must sign a contract called an undertaking with the Minister of Citizenship and Immigration (or with the Ministère de l’Immigration, de la Diversité et de l’Inclusion[MIDI] if you live in Québec).

The undertaking is a promise to provide financial support for your spouse or common-law partner’s basic requirements and those of his or her dependent children.

Basic requirements are:

• food
• clothing
• utilities
• personal requirements
• shelter
• fuel
• household supplies

This also includes other health care not provided by public health, such as eye and dental care.

The undertaking ensures that these persons and their family members do not have to apply for social assistance. Its length varies according to their age and their relationship to you.

Your obligations as a sponsor begin as soon as the person you are sponsoring and, if applicable, his or her family members arrive in Canada.

Important information: The undertaking is an unconditional promise of support. For example, the granting of Canadian citizenship, divorce, separation or relationship breakdown or moving to another province does not cancel the undertaking. The undertaking also remains in effect even if your financial situation deteriorates.

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Who can I sponsor using this application?

You can use this application package to sponsor a spouse, common-law or conjugal partner and dependent children who live outside Canada and meet the requirements defined for members of the family class.

If you are married

You can sponsor the person as your spouse if your marriage is a legally valid civil marriage. If your spouse is of the:

• opposite sex and your marriage took place outside Canada, the marriage must be valid both under the laws of the jurisdiction where it took place and under Canadian law;
• same sex, the marriage will be recognized for immigration purposes, where the marriage:
  • was legally performed in Canada, or
  • if performed outside of Canada, the marriage must be legally recognized according to both the law of the place where the marriage occurred and under Canadian law.

If you are in a common-law relationship

You can sponsor the person as your common-law partner

• regardless of his or her sex, and
• you are cohabiting in a conjugal relationship and have done so for at least one year.

If you are in conjugal relationship

You can sponsor a conjugal partner if:

• there is a significant degree of attachment between the two of you, implying not just a physical relationship but a mutually interdependent relationship, and
• you have been in a genuine relationship for at least 12 months where marriage or cohabitation has not been possible due to barriers such as sexual orientation, religious faith, etc.

See Conjugal partner definition.

If you are a parent or the person you are sponsoring is a parent

See Family members below.