Spousal & Partner Sponsorship — bring your family together in Canada.

For the purposes of this policy, it refers to people who:

• Overstayed a visa, visitor record, work permit or study permit.
• Worked or studied in Canada without being authorized to do so.
• Entered Canada without the visa or other document the regulations required.
• Entered without a valid passport or travel document — provided a valid document is obtained before permanent residence is granted.

A temporary resident permit issued because of a lack of status does not put you outside the policy.

• Returning to Canada after removal without the required authorization to return.
• Entering on a fraudulent or improperly obtained passport, travel document or visa and using it to obtain status. That is misrepresentation, not a lack of status.
• Criminality and serious criminality, security, organized criminality, and human or international rights violations.
• The public health risk assessment.
• Passport waivers. Cases under this policy are not eligible for one — that request belongs in the regular humanitarian and compassionate stream.

• The excessive-demand medical inadmissibility ground does not apply to spouses, partners and their dependent children.
• Your sponsor does not have to meet a minimum necessary income for a spouse, partner or dependent child.
• Family members in Canada and abroad can be processed at the same time as your application.
• Spousal applications are handled on a priority basis.
• Once you are found to meet the criteria, you become able to apply for a work permit and a study permit.

The Canada Border Services Agency agreed to grant a temporary administrative deferral of removal to applicants who qualify under this policy. Where a pre-removal risk assessment is under way, the deferral covers the time needed to complete it. Where a risk assessment is waived or unavailable, the deferral is 60 days.

It is not granted where the person:

• Is inadmissible for security, human or international rights violations, criminality or serious criminality, or organized criminality.
• Was excluded by the Refugee Protection Division under Article F of the Refugee Convention.
• Has charges pending, or had charges dropped in order to effect a removal order.
• Already benefited from a deferral arising from a spousal humanitarian and compassionate application.
• Has an outstanding removal warrant, previously hindered or delayed removal, or was deported and has not obtained permission to return.

Timing is everything here. Once the Agency treats someone as removal-ready — generally from the moment they are called to a pre-removal interview — applying after that point does not attract the deferral. If removal is on the horizon, get advice the same day.

The application is assessed under the general humanitarian and compassionate provisions instead. That means demonstrating unusual and undeserved or disproportionate hardship if you had to leave Canada and apply from abroad, with no priority processing and none of the exemptions that come with the class. A genuine wish to sponsor that failed only because the sponsor was ineligible can still be weighed as a favourable factor.

• Applicants living in Quebec are processed under the class but must also meet Quebec’s sponsorship requirements.
• An application refused in the class does not automatically get a second look on humanitarian and compassionate grounds, although a fresh application on those grounds can be made.
• Applications already finalised are not reopened. A previously refused applicant has to reapply and pay the fee again.
• Relationships entered into primarily to acquire status, or ended for that purpose, are refused and referred for enforcement action.

A common-law relationship is built on cohabitation plus a real partnership. Strong files typically include:

• Shared address proof — leases, IDs, mail, and bills at the same address.
• Evidence of a shared life — combined finances where applicable, joint decisions, and recognition by family and friends.
• Timeline consistency — no unexplained long separations during the 12-month cohabitation period.

Children qualify as dependants if they’re your (or your spouse or partner’s) biological or adopted child and meet the age and relationship rules.

• Usually under 22 and not married or in a common-law relationship.
• Or 22 and older with a mental or physical condition, dependent since before turning 22.
• If a child has their own dependent child, that grandchild must be declared — even if not accompanying.

If you’re sponsoring an adopted child, or planning to adopt in Canada, you must use the adopted-children sponsorship kit. Intercountry adoption and orphaned-family-member sponsorship have their own steps.

• Use the correct IRCC kit for adopted children — not the spouse or partner kit.
• Intercountry adoption follows specific steps and document requirements.

IRCC application guidance

Generally, a Canadian citizen or permanent resident who is at least 18, lives in Canada (or plans to return once the person becomes a permanent resident), and can meet the undertaking to support the sponsored family member. We confirm your eligibility before filing so there are no surprises.