Three qualifying relationships
Marriage is not the only route.
Every application must prove both the legal category and that the relationship is genuine—not entered into mainly to obtain immigration status.
The right category depends on the couple’s actual history, living arrangements and barriers. Calling a relationship “common-law” or “conjugal” does not make it so; the evidence must satisfy the statutory definition.
Choose the correct process
Inside Canada and outside Canada are different routes.
Inside Canada
Usually considered where the sponsored spouse or common-law partner lives with the sponsor in Canada. Conjugal partners are not included.
- Possible open work permit: an eligible sponsored person living in Canada with the sponsor may apply once the permanent-residence application has been accepted for processing, provided the applicable status requirements are met.
- Living together matters: the couple is expected to cohabit in Canada during processing.
- Travel carries risk: leaving Canada can jeopardize the practical viability of an in-Canada application if re-entry is refused.
- Status needs planning: filing a sponsorship does not by itself extend visitor, worker or student status.
- Refusal review: this class generally does not provide the sponsor with the ordinary Immigration Appeal Division appeal available for a refused Family Class application; Federal Court judicial review may be considered.
Outside Canada
Available for married spouses and common-law partners, including many people who are physically in Canada but elect Family Class processing. Conjugal partners must use this route.
- Best fit for many mobile couples: it may be preferable where the applicant must travel or lives abroad.
- All three relationships: spouse, common-law partner and the narrow conjugal-partner category are included.
- Appeal may be available: a sponsor may usually appeal a Family Class refusal to the Immigration Appeal Division, subject to statutory limits.
- No status from filing: an applicant in Canada still needs independent temporary status and authorization to work.
- Open work permit may still be possible: under the current public policy, some Family Class applicants living in Canada with their sponsor can qualify after the application is accepted for processing and the status conditions are met.
The application label should follow the facts—not convenience.
A couple living in Canada may still use the outside-Canada Family Class. Conversely, an in-Canada filing can be unsuitable if frequent travel is essential. We compare work authorization, status, travel, processing, evidentiary issues and appeal consequences before choosing the route.
Visitors and dual intent
A sponsorship does not prevent a visit—but it does not guarantee entry.
Canada expressly recognizes dual intent: a person may genuinely intend to become a permanent resident and also intend to leave Canada at the end of an authorized temporary stay if permanent residence is refused. This is different from treating a future permanent-residence plan as automatically incompatible with visiting Canada.
After a sponsorship is filed, the applicant may still seek a visitor visa, use a valid visa or eTA, and request admission at the border. The pending sponsorship should be disclosed. The officer can still ask whether the immediate visit is temporary, whether the person will obey the authorized stay, how the visit will be funded, and whether the person will leave if required. A sponsorship receipt is not a visa, does not create status and does not guarantee entry.
Evidence for a temporary visit
- Purpose, dates and intended address in Canada
- Return plan and continuing commitments abroad
- Funds, accommodation and support arrangements
- Immigration history and compliance
- A candid explanation of the permanent-residence application
Plan status separately
- Confirm whether a visitor visa or eTA is required
- Apply to extend visitor status before it expires where needed
- Do not work unless a work permit or exemption applies
- Assess criminal, medical or prior misrepresentation concerns before travel
- Never assume re-entry because an in-Canada application is pending
A relationship case is an evidence case
The file must show how the relationship developed and how the couple lives.
Evidence may include joint residence and finances, communication, travel, photographs, family recognition, children, shared responsibilities, future plans and explanations for unusual facts. The quality, chronology and consistency of the evidence matter more than simply uploading a large volume of documents. Previous marriages, long separations, limited cohabitation, proxy or online ceremonies, prior refusals and immigration histories require careful treatment.
The process
From eligibility review to permanent residence.
Choose the route
Confirm sponsor eligibility, relationship category, processing class, status, travel and work strategy.
Build the record
Prepare forms, civil-status records, relationship evidence, police certificates, medical steps and legal submissions.
Respond and interview
Address requests, fairness letters or an interview with consistent, well-organized evidence.
Finalize status
Complete the confirmation process and continue to comply with temporary-status conditions until permanent residence is granted.
Sponsor and applicant requirements
Eligibility is broader than proving the relationship.
The sponsor
Generally must be at least 18 and a Canadian citizen, permanent resident or qualifying person registered under the Indian Act. A permanent resident must reside in Canada; a Canadian citizen abroad must show a plan to return when the sponsored person becomes a permanent resident. Sponsorship bars, prior undertakings, certain convictions, social assistance and unresolved support obligations can affect eligibility.
The applicant
Must qualify in the claimed relationship category and be admissible. Medical, criminal, security, misrepresentation and documentation issues require separate analysis. Family members must be properly declared and examined where required, even if they are not accompanying.
The undertaking
The sponsor signs a binding undertaking to provide basic needs. For a spouse or partner, the undertaking normally lasts three years after permanent residence is granted and continues even if the relationship ends or the sponsor’s circumstances change.
Quebec cases
Quebec adds a provincial undertaking process and its own financial and procedural requirements. Federal and Quebec steps must be coordinated.
How we can help
A strategy built around the real relationship.
We identify the appropriate relationship category and inside- or outside-Canada route, assess sponsor eligibility and admissibility, plan status and travel, organize the evidence, prepare forms and legal submissions, and respond to immigration requests. If a case is refused, we assess an Immigration Appeal Division appeal or Federal Court judicial review and represent the client throughout the proceeding.
General information only. Sponsorship class, work-permit eligibility, status, travel and appeal rights are fact-specific and should be confirmed under the rules in force when the application is made.