How to Apply for Spousal Sponsorship in Canada (2026): Inland, Outland and Common-Law Partners

Bishowram Gautam

Oct 10

12 min read

Last updated: October 10, 2026

If you are a Canadian citizen or permanent resident and your spouse or partner is not yet a permanent resident, spousal sponsorship is how you bring them into permanent status. The process is straightforward on paper, but a large share of files are returned or delayed for avoidable reasons: the wrong application class, a missing document, or relationship evidence that doesn't answer the officer's real question.

This guide walks through the whole process the way IRCC actually assesses it — including the officer instructions IRCC publishes (its Program Delivery Instructions), not just the public web pages.

Quick summary

Who can sponsor: Canadian citizens, permanent residents, and persons registered under the Indian Act, 18 or older, living in Canada (citizens abroad can sponsor if they will return).
Who can be sponsored: a spouse, a common-law partner (12+ months living together), or a conjugal partner (outside Canada only), plus their dependent children.
Two routes: Family Class ("outland") or Spouse or Common-Law Partner in Canada Class ("inland").
Government fees: $1,260 for the sponsor + sponsored spouse (including the $600 right of permanent residence fee), plus $85 biometrics.
How you apply: online, through the IRCC Permanent Residence (PR) Portal.
No minimum income in most spouse/partner cases.

You can sponsor if you are:

at least 18 years old;
a Canadian citizen, a permanent resident, or a person registered under the Indian Act;
living in Canada. Citizens living abroad can still sponsor if they show they will live in Canada once the sponsored person becomes a permanent resident. Permanent residents living outside Canada cannot sponsor.
willing to sign an undertaking to financially support the person you sponsor.

Is there an income requirement?

In most cases, no. You only need to meet the minimum necessary income (based on Statistics Canada's Low Income Cut-Off) if the spouse or partner you're sponsoring has a dependent child who has dependent children of their own. Quebec has its own rules.

You may be ineligible if you:

were sponsored as a spouse or partner yourself and became a permanent resident less than 5 years ago (this applies even if you've since become a citizen);
sponsored a previous spouse or partner and 3 years haven't passed since they became a permanent resident;
already have a pending application to sponsor the same person;
are in prison, under a removal order, or an undischarged bankrupt;
are behind on an immigration loan, a performance bond, or court-ordered child or spousal support;
failed to support someone you sponsored before (e.g., they received social assistance during your undertaking and you haven't repaid it);
receive social assistance for a reason other than disability;
were convicted of a sexual offence, a violent offence, or an offence against a relative that caused bodily harm.

What you're signing: the undertaking

The undertaking is a legal promise to cover your partner's basic needs — food, clothing, shelter, and health needs not covered by public health care. For a spouse or partner it lasts 3 years from the day they become a permanent resident. For a dependent child under 22, it lasts 10 years or until the child turns 25, whichever comes first.

The undertaking does not end if you separate, divorce, move, run into financial trouble, or if your partner becomes a citizen. If they receive social assistance during that period, you owe it back — and you can't sponsor anyone else until you repay.

All three categories apply to couples of any gender, and the person sponsored must be at least 18.

	Spouse	Common-law partner	Conjugal partner
Legal status	Legally married	Not married	Not married, not common-law
Key test	Marriage valid where performed and in Canada	Lived together in a conjugal relationship for 12 consecutive months	Exclusive, interdependent relationship for 1+ year, but living together or marrying wasn't possible
Where they can apply	Inland or outland	Inland or outland	Outland only — must live outside Canada

Spouse: the marriage must be legally valid

IRCC recognizes a marriage performed in Canada, or one performed abroad that is legal both where it took place and under Canadian law. It does not recognize marriages by proxy, telephone, fax, internet, or any ceremony where one or both people weren't physically present.

You'll need the marriage certificate or proof the marriage was registered with the government. A record of solemnization or a marriage licence on its own is not accepted.

Common-law partner: 12 continuous months under one roof

The 12 months must be continuous. Short, temporary absences (business travel, family obligations) are fine; long separations are not. If you're even a few weeks short, don't file as common-law — the application will be refused under the definition and you lose the fees. If either partner ends the relationship, IRCC considers it over.

Common-law couples also complete the Statutory Declaration of Common-law Union (IMM 5409).

Conjugal partner: the narrowest category

This is for couples who genuinely could not live together or marry — for example, because one partner is still married in a country where divorce isn't possible, or because same-sex relationships are criminalized or persecuted where they live. You must show both the depth of the relationship and the barrier. Conjugal partners cannot be living in Canada.

Dependent children

Your partner's children can be included if they are under 22 and not married or in a common-law relationship (or 22+ and dependent since before 22 due to a physical or mental condition). Children in the custody of an ex-partner must still be declared and examined — more on that below.

3. Inland vs outland spousal sponsorship: which class should you choose?

This is the most consequential decision in the file.

	Outland — Family Class	Inland — Spouse or Common-Law Partner in Canada Class
Who it's for	Partner lives abroad, or lives with you in Canada but may not stay during processing	Partner lives with you in Canada
Partner's status	Not required	Must have valid temporary status, or be covered by the spousal public policy (see below)
Conjugal partners	Yes	No
Travel during processing	Generally fine (visa rules still apply)	Risky — leaving can end their status, and they may not be allowed back
If refused	Sponsor can appeal to the Immigration Appeal Division (IAD)	No IAD appeal; the option is judicial review at the Federal Court
Open work permit	Yes, if the partner is living in Canada with you	Yes
Must be living together at approval	No	Yes — they must still be cohabiting in Canada when PR is granted

When outland is the better choice — even if you live together in Canada

A common misconception is that couples living together in Canada must apply inland. They don't. Outland can be the stronger choice when:

your partner may need to travel (a family emergency, work abroad);
there's any real risk of refusal (short relationship, prior refusals, age gap, inconsistent histories) — because outland preserves the right to appeal to the IAD;
your partner's temporary status is shaky.

Inland applicants without status: the spousal public policy

Under a public policy IRCC has run since 2005, a partner living with you in Canada can still apply inland without valid status — but only if the sole problem is that they:

overstayed a visa, visitor record, work permit or study permit;
worked or studied without authorization;
entered without a required visa or other document; or
entered without a valid passport (as long as they have one by the time PR is granted).

Any other inadmissibility (criminality, misrepresentation, medical) is not covered. Out-of-status partners also have to wait for first-stage approval before they can apply for an open work permit, and must apply on paper.

4. The spousal open work permit

A sponsored spouse, common-law or conjugal partner who is living in Canada with their sponsor can apply for an open work permit while the PR application is processed — whether the PR file is inland or outland. Their accompanying dependent children can apply too.

Requirements:

a genuine relationship with the sponsor;
an Acknowledgement of Receipt (AOR) on the PR application (the AOR number starts with "F");
living in Canada with the sponsor;
valid temporary status (or see the out-of-status rule above).

If the partner's current permit or status expires in 2 weeks or less, they can apply before the AOR arrives, using proof the PR application was submitted. They cannot apply at a port of entry, and can't apply if the PR application was refused, withdrawn or returned. The permit can be extended for 2 more years while the PR application is still undecided.

Practical tip: if your partner already holds a work or study permit, extend it before it expires — don't rely on the spousal permit arriving in time.

5. Spousal sponsorship fees in 2026

IRCC's fee list (updated September 2026, reflecting the April 30, 2026 increase):

Fee	Amount (CAD)
Sponsor your spouse or partner (sponsorship fee + processing fee + right of permanent residence fee)	$1,260
Same, without the right of permanent residence fee	$660
Right of permanent residence fee (RPRF) on its own	$600
Each dependent child	$180
Biometrics — one person	$85
Biometrics — family of 2+ applying together	$170

You'll also pay third parties for the immigration medical exam, police certificates, and translations.

Should you pay the RPRF up front? IRCC recommends it — you have to pay it before PR is granted anyway, deferring it can cause delays, and it's the only fee refunded if the application is refused or withdrawn. Note that if you defer, you pay whatever the RPRF is at the time you're asked.

Quebec residents also pay a separate Quebec undertaking fee.

6. How to apply: step by step

Step 1 — Get your personalized document checklist

On IRCC's application package page, select who you're sponsoring, the country where they live, and the country where their documents were issued. This generates the document checklist (which you must upload) and any country-specific requirements. Many returned files trace back to skipping this step.

Step 2 — Complete the forms

Sponsor (PDF forms, then given to the principal applicant to upload):

IMM 1344 — Application to Sponsor, Sponsorship Agreement and Undertaking (signed by both of you)
IMM 5532 — Relationship Information and Sponsorship Evaluation (to digitally sign it, complete it, "print to PDF", then sign)
IMM 1283 — Financial Evaluation, only if the income requirement applies

Principal applicant (digital forms inside the PR Portal):

IMM 0008 — Generic Application Form for Canada
IMM 5669 — Schedule A, Background/Declaration
IMM 5406 — Additional Family Information
IMM 5562 — Supplementary Information, Your Travels (if applicable)

Every dependant 18 or older completes their own IMM 5669, IMM 5406 and IMM 5562.

Situational forms:

IMM 5409 — Statutory Declaration of Common-law Union
IMM 5476 — Use of a Representative (if you use an RCIC, a lawyer, or an unpaid helper)
IMM 5604 — Declaration from a non-accompanying parent, for minor children

Step 3 — Gather supporting documents

Your checklist controls, but expect:

Identity and civil documents — passports, birth certificates, marriage certificate, divorce or death certificates for any previous marriages.
Police certificates — from every country (other than Canada) where the applicant and each dependant 18+ lived for 6 or more consecutive months since turning 18.
Photos — one per applicant, meeting IRCC's specifications; scan both sides.
Relationship evidence — see section 7.
Translations — any document not in English or French needs the translation, a certified copy of the original, and an affidavit from the translator (unless they're a Canadian certified translator). Translations cannot be done by the applicant or any family member.

Step 4 — Pay the fees online

Pay through IRCC's online payment system, save the receipt as a PDF, and upload it.

Step 5 — Submit through the PR Portal

The sponsored person (principal applicant) submits both the sponsorship and the PR application together through the Permanent Residence Portal and signs electronically by typing their name exactly as it appears on their passport. An authorized paid representative submits through their own Representative Portal, but the applicant must still sign.

If anything on the checklist is missing and there's no letter explaining why, IRCC returns the whole application. A resubmitted application gets a new place in the queue.

7. How to prove your relationship is genuine

IRCC's officer instructions are blunt: a relationship is refused if it is not genuine, or if it was entered into primarily to get immigration status (section 4 of the Immigration and Refugee Protection Regulations). These are two separate tests — failing either one is enough. A separate rule (section 4.1) catches couples who divorce or separate to gain a status and then reunite.

The two tests look at different time frames: genuineness is judged as of now, while primary purpose looks back at why the relationship began. That's why your evidence needs to tell a consistent story from first contact to today.

Strong evidence usually covers:

How the relationship developed — how you met, when you became a couple, engagement, wedding. Your answers on IMM 5532 must match each other and your documents.
Living together (essential for common-law and inland) — joint lease or mortgage, mail and IDs at the same address, shared utility bills.
Financial interdependence — joint accounts, shared bills, insurance or pension beneficiary designations, extended health coverage for each other.
Social recognition — wedding photos with family, guest lists, travel together, how you present yourselves to friends and family.
Communication over time — IRCC accepts a maximum of 10 pages, translated if not in English or French. Choose samples spread across the whole relationship.

Officers may interview the sponsor and applicant separately. Inconsistent answers about basic facts are among the most common reasons for refusal.

8. What happens after you apply

Completeness check. If complete, you receive an Acknowledgement of Receipt (AOR).
Sponsor assessment. IRCC decides whether the sponsor is eligible. If not, you can choose to withdraw (refund of fees except the sponsorship fee) or continue to a decision.
Biometrics. The applicant gets a Biometric Instruction Letter and must give fingerprints and a photo — even if they gave biometrics for a previous visa or permit. Processing starts after biometrics are received.
Medical exam. IRCC sends instructions when it wants the exam; it must be done within 30 days of the instructions. Every declared family member is examined, including children who won't immigrate.
Background, security and relationship assessment. An interview may be scheduled.
Decision.
- Inland: the applicant is invited to finalize permanent residence in Canada.
- Outland: IRCC requests the passport and issues the Confirmation of Permanent Residence and visa (if needed). The applicant must land before it expires — PR visas cannot be extended.

How long does it take?

IRCC publishes separate estimates for inside-Canada and outside-Canada files and updates them regularly. [INSERT CURRENT INLAND AND OUTLAND ESTIMATES FROM IRCC'S PROCESSING-TIMES TOOL ON PUBLISH DAY.] The estimate is based on past files and is not a guarantee; incomplete files, medical follow-ups and interviews all add time.

9. Seven mistakes that get spousal applications returned or refused

Not declaring every family member. All dependent children — including ones living with an ex-partner under sole custody — must be declared and examined. An undeclared family member is permanently excluded from future sponsorship, and the PR status of the person who left them out can be at risk. The temporary policy that allowed sponsorship of some previously undeclared family members ended September 10, 2026; it no longer applies to new applications.
Filing common-law before 12 continuous months.
Choosing inland when the partner may need to travel — or when the file has refusal risk and the appeal right matters.
Submitting a marriage licence or solemnization record instead of a registered marriage certificate.
Skipping country-specific requirements for where documents were issued.
Family members translating documents.
Letting temporary status lapse during an inland application instead of extending it.

Whenever you can't supply a checklist item, upload a letter of explanation describing why. Without it, the file is treated as incomplete.

10. Frequently asked questions

Can I sponsor my spouse if I don't earn much? Usually yes. There's no minimum income for a spouse or partner unless a dependent child in the application has children of their own. You still have to be off social assistance (except for disability) and sign the 3-year undertaking.

Can my spouse work while the application is processing? If they live in Canada with you, they can apply for an open work permit once you have the AOR — under either the inland or outland class.

Can my partner leave Canada during an inland application? They can, but it's risky: leaving can end their temporary status, re-entry isn't guaranteed (especially if they need a visa), and inland applicants must be living with you in Canada when PR is granted. If they can't return, you'd need to start a new outland application.

Can I sponsor my partner if we haven't lived together for a full year? Not as common-law partners. You could marry and apply as spouses, or — only if there's a genuine legal or social barrier to living together — consider the conjugal category.

I was sponsored by a previous spouse. When can I sponsor a new partner? Not until you've been a permanent resident for 5 years, even if you've since become a citizen.

Is an online or proxy marriage valid for sponsorship? No. IRCC doesn't recognize marriages where one or both people weren't physically present.

Do I need a consultant or lawyer? No — IRCC accepts self-prepared applications, and using a representative doesn't speed anything up. If you do pay someone, they must be an authorized representative (an RCIC licensed by the College of Immigration and Citizenship Consultants, or a lawyer or notary in good standing). You can verify any RCIC on the College's public register.

What if my application is refused? Outland (Family Class) refusals can usually be appealed by the sponsor to the Immigration Appeal Division. Inland refusals have no IAD appeal; the remedy is an application for leave and judicial review at the Federal Court, which has strict deadlines.

Need help with your sponsorship?

Every couple's history is different, and the class you choose, the evidence you lead with, and how you explain gaps in your story make a real difference. Cedarpath Immigration Consulting offers a $50, 30-minute initial consultation with a written summary — we'll tell you which class fits your situation and what your evidence needs to cover.

Disclaimer: This article is general information, not legal advice, and is current as of October 10, 2026. Immigration rules, fees and processing times change frequently — always confirm on canada.ca before applying. Reading this article does not create a consultant–client relationship.

Sources

IRCC — Sponsor your spouse, partner or child
IRCC — Check if you're eligible
IRCC — Who you can sponsor
IRCC — How to apply
IRCC — Open work permit in Canada
IRCC — Complete Guide IMM 5289
IRCC — Fee list
IRCC Program Delivery Instructions — Assessing the relationship between spouses or common-law partners
Immigration and Refugee Protection Regulations, ss. 4, 4.1, 117, 123–125, 130–133

1. Who can sponsor a spouse or partner?