What You Should Know Before Applying for Canadian Family Class (Overseas) Spousal Sponsorship From Outside Canada

One of the great things about sponsoring your spouse or common-law partner is that if you live outside Canada, you don’t have to wait until you return to Canada before you submit the application. However, there are several things you need to know.

1. The Sponsor must be a Canadian Citizen

In order to sponsor a spouse or common-law partner (including dependent children) while living outside Canada, the sponsor MUST be a Canadian citizen. Even though a sponsor can be a Canadian citizen or permanent resident if the sponsor resides in Canada, the sponsor can only apply for PR for their spouse from outside Canada if the sponsor is a Canadian citizen. Permanent residents can only sponsor family members for PR in Canada if they reside in Canada. This requirement is written in the Immigration and Refugee Protection Regulations.

2. The Principal Applicant (person being sponsored) must be the spouse or common-law partner of the sponsor

Even if the sponsor is Canadian, it is not possible to sponsor a member of your family while living outside Canada unless the person being sponsored is the

• spouse /common-law partner / conjugal partner of the sponsor
• the dependent child of the spouse or partner who is included on the application
• the dependent child of the sponsor.

Parents, grandparents, or any other family member cannot be sponsored while the sponsor is residing outside Canada.

3. The sponsor and principal applicant MUST intend to reside in Canada once the sponsorship application is approved

If the sponsorship application is being submitted from outside Canada, the sponsor and principal applicant have to prove that they intend to reside in Canada as part of their sponsorship application. This proof is in addition to all of the other documentation required such as proof that the relationship is genuine. If the sponsor and principal applicant are found NOT to have resided in Canada after their sponsorship application was approved, IRCC can find that both the sponsor and principal applicant are guilty of misrepresentation, and can move to revoke the permanent residence of the principal applicant.

4. The sponsor, the principal applicant, and any dependent children must meet all of the other requirements for sponsorship

Even if the sponsor lives outside Canada, all of the other requirements for sponsorship still apply:

• The sponsor must meet the income and eligibility requirements
• The principal applicant and any dependent children must be admissible to Canada
• The relationship between the sponsor and principal applicant must be bona fide and genuine

Contact us if you plan to sponsor your spouse or common-law partner from outside Canada.