Spousal sponsorship lawyer in Brampton
Updated
The short answer
Spousal sponsorship lets a Canadian citizen, permanent resident or registered Indian sponsor a spouse, common-law partner or conjugal partner for permanent residence. You apply either from inside Canada (the Spouse or Common-law Partner in Canada class) or from outside (the family class), and the choice affects travel, work and appeal rights. Manny Hundal, Barrister & Solicitor, called to the Ontario Bar in 2013, assesses which route fits before you file, prepares the relationship evidence and represents you if the application runs into trouble.
Who this is for
This page is for couples where one partner is a Canadian citizen, a permanent resident or a person registered under the Indian Act, and the other partner wants to become a permanent resident.
IRCC recognises three kinds of relationship:
Spouse
You are legally married. The marriage must be legally valid where it took place and recognised in Canada.
Common-law partner
You have lived together in a marriage-like relationship for at least 12 continuous months.
Conjugal partner
You have been in a committed relationship for at least a year but could not live together or marry because of reasons outside your control, such as immigration barriers or legal restrictions in your partner’s country. Conjugal partners can only be sponsored from outside Canada.
The sponsor must be at least 18, must generally live in Canada (a citizen living abroad must show they will return when the partner becomes a permanent resident), and must sign an undertaking to support the partner for three years. There is usually no minimum income requirement for sponsoring a spouse or partner.
Some people cannot sponsor. Common examples: you were sponsored as a spouse yourself and became a permanent resident less than five years ago; you are behind on court-ordered support or an immigration loan; you receive social assistance for a reason other than disability; or you have certain violent, sexual or family-related convictions.
How it works
- Choose the route. If your partner already lives with you in Canada, an inland application (Spouse or Common-law Partner in Canada class) is often considered. If your partner lives abroad, or you want to keep the right to appeal a refusal, an outland application (family class) is often considered. Both are processed by IRCC; the difference is in the details below.
- Gather the evidence. Identity documents, proof of the relationship, police certificates and the sponsor’s documents.
- Pay the fees and submit online. The sponsorship and the permanent residence application are filed together through the IRCC portal.
- Biometrics and medical exam. Your partner gives fingerprints and a photo and completes an immigration medical exam with an IRCC panel physician.
- Assessment. IRCC first checks that the sponsor is eligible, then assesses the partner and the relationship. An officer may ask for more documents or call you to an interview.
- Decision and landing. If approved, your partner completes the steps to become a permanent resident.
Inside or outside Canada (inland or outland), side by side
Inland
Your partner lives with you in Canada and should stay in Canada while the application is processed. Leaving can cause problems if they are refused re-entry. They may be able to apply for an open work permit once they receive their acknowledgement of receipt (AOR). There is no appeal to the Immigration Appeal Division if refused; the usual remedy is judicial review at the Federal Court.
Outland
Your partner can live anywhere, including in Canada as a visitor. They can travel while the application is processed. If the application is refused, the sponsor generally has a right to appeal to the Immigration Appeal Division.
Open work permit for sponsored spouses in Canada
A spouse, common-law or conjugal partner who lives in Canada with their sponsor and is included in a permanent residence application may be eligible for an open work permit. The current IRCC page says you generally need the acknowledgement of receipt (AOR) letter for your permanent residence application, which IRCC sends to your sponsor, plus a genuine relationship and a shared home in Canada. If you are out of status, different rules apply and you may have to wait for approval in principle. You cannot apply for this permit at a port of entry. As of October 2026 the public policy is in effect and has no announced end date.
Documents you'll typically need
Your personalised checklist comes from IRCC once you start the application. Most couples should expect to provide:
Documents not in English or French need a certified translation.
Timelines
Processing times and fees change often, so this page does not quote them. Check the current figure on the IRCC processing times tool and the current amounts on the IRCC fee list.
What affects timing in your case:
- Whether the application is complete when filed (incomplete files can be returned unprocessed)
- How easily IRCC can verify your documents and background
- Whether an officer has concerns and asks for an interview or more evidence
- How quickly you respond to requests for biometrics, medicals or documents
- Security and background checks, which can take longer for some countries
- The overall volume of applications IRCC is handling
Common reasons applications are refused or delayed
- The officer doubts the relationship is genuine. IRCC can refuse where it finds the relationship is not genuine or was entered into mainly to gain status in Canada. Thin evidence is the most common problem.
- Inconsistent answers. Dates, addresses and the story of how you met should match across forms, interviews and supporting documents.
- Sponsor ineligibility. A previous sponsorship, unpaid support or a recent social assistance claim can stop an application before the relationship is even assessed.
- Inadmissibility. A criminal record, a medical issue or a past misrepresentation can lead to refusal. See inadmissibility.
- Missing documents or wrong forms. Out-of-date forms or missing police certificates cause returns and delays.
- Common-law timing. Twelve months means 12 continuous months living together, and IRCC expects proof of it.
How Manny helps
Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law. On a spousal file he can:
- Assess eligibility before you apply. He checks both the sponsor’s eligibility and any admissibility issues for the partner, and talks through whether inland or outland suits your situation.
- Prepare the file. He organises the relationship evidence so it tells a clear, consistent story, and checks the forms against IRCC’s current requirements.
- Respond to procedural fairness letters. If IRCC writes with concerns, he drafts a full response with supporting evidence.
- Prepare you for an interview. He explains what officers usually ask and why consistency matters.
- Represent you if refused. He can take an outland refusal to the Immigration Appeal Division, or bring a judicial review application at the Federal Court of Canada. At the Federal Court, only a lawyer can represent you, except in rare cases the court allows. See refusals and appeals.
What you tell a lawyer for the purpose of legal advice is protected by solicitor-client privilege. Consultations are available in English, Punjabi and Hindi at the chambers in downtown Brampton.
This page is general information, not legal advice about your situation.
Frequently asked questions
It depends on where your partner lives, whether they need to travel during processing, and how much the right to appeal matters to you. An inland application suits couples already living together in Canada, and the partner may qualify for an open work permit. But the partner is expected to stay in Canada, and a refusal can only be challenged by judicial review at the Federal Court. An outland application lets the partner travel freely and gives the sponsor a right to appeal to the Immigration Appeal Division if refused. Some couples file outland even while the partner is visiting Canada. The right answer depends on your facts, including any past refusals or status issues. Manny reviews this with you before you file.
There is no fixed list. Officers look at the whole picture: how you met, how the relationship developed, whether you have lived together, whether your families know about and accept the relationship, and whether you share finances and plans. Useful evidence includes photos across different dates and places, communication history, travel records showing visits, joint leases or accounts, and letters from people who know you. Quality matters more than volume. A few hundred undated photos help less than a well-organised set that shows the relationship over time. If you have been apart for long periods, or have a large age gap or a short courtship, it helps to explain those facts directly.
If your partner lives with you in Canada and is included in a permanent residence application, they may be eligible for an open work permit. IRCC’s current guidance generally requires the partner’s own acknowledgement of receipt letter, a genuine relationship and a shared home in Canada. Partners without valid status face extra steps and may need to wait for approval in principle. This permit cannot be requested at the border. Partners living outside Canada are not eligible for this particular permit, though other work permits may be possible. Rules in this area have changed several times since 2024, so the current IRCC page should be checked when you apply.
Usually not. IRCC does not apply a minimum income requirement for sponsoring a spouse, common-law partner or conjugal partner, except where the partner has a dependent child who has dependent children of their own. You still sign an undertaking to provide financial support, and you cannot sponsor while receiving social assistance for a reason other than disability. If you live in Quebec, Quebec’s own rules apply in addition to IRCC’s. Being on a low income does not by itself stop a spousal sponsorship, but other parts of your history might, so it is worth reviewing eligibility as a whole before you apply.
Often, yes. A refusal does not usually stop you from filing a new application, but the new file has to address the reasons in the first refusal. Request the officer’s notes, which explain the decision in more detail than the letter. Depending on the timing and the route, you may also be able to appeal to the Immigration Appeal Division or seek judicial review at the Federal Court. Each option has strict deadlines, often measured in days, so act quickly. In some cases appealing is a better option than reapplying, and in others the opposite is true. Manny can review the refusal and the notes and explain the options.
You must have lived together continuously for at least 12 months in a marriage-like relationship. Short absences for work, travel or family reasons are generally acceptable if you still kept a shared home. Visiting each other, even often, is not the same as living together. Evidence usually includes a shared lease or ownership documents, joint bills, the same address on identification, and statutory declarations. If you cannot meet the 12-month test, marriage or the conjugal partner category may be worth looking at, depending on your situation. Be careful with dates. The 12 months must be complete on the day you apply, not on the day you expect a decision.
No. A permanent resident must live in Canada to sponsor a spouse or partner. A Canadian citizen living abroad can sponsor, but must show they intend to live in Canada when the partner becomes a permanent resident. Evidence might include a job offer in Canada, a lease or home purchase, or steps taken to move back. Permanent residents also need to keep an eye on their own residency obligation while they are away. If you are a permanent resident working abroad, plan your return first, then the sponsorship.
Yes. Dependent children of your spouse or partner can usually be included in the same application, and they must meet the definition of a dependent child, generally under 22 and not a spouse or common-law partner themselves. Each child needs identity documents, a medical exam and, where relevant, consent from the other parent. A child who is not declared and examined may not be sponsorable later, so include everyone the rules require you to list, even a child who lives with the other parent and is not coming to Canada.
This page is general information, not legal advice about your situation.