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Spousal Sponsorship in Canada: Inland vs Outland, Eligibility and the Process

A Canadian citizen or permanent resident who is 18 or older and lives in Canada can sponsor a spouse, common-law partner, conjugal partner or dependent child. Spouses and common-law partners can be sponsored in the 'in Canada' class (IRPR s.124) or the family class from outside; the choice depends on residence and status, and the appeal rights differ.

"Inland" and "outland" are the shorthand people use for the two ways to sponsor a spouse or partner: with the sponsored person in Canada, or with them outside it. The names are not in the law. What the law has is two categories, the Spouse or Common-law Partner in Canada class and the family class, with different requirements, and a set of sponsor rules that apply to both.

This guide sets out who can sponsor, who can be sponsored, how the two categories differ, what the undertaking commits the sponsor to, which bars apply, and what happens after a refusal. It follows IRCC's pages and the Immigration and Refugee Protection Regulations (IRPR) as read on the date below. It does not tell any couple which route to use; the guide itself says the choice depends on their circumstances, and a licensed adviser can read the facts.

Who can sponsor

IRPR s.130(1) says a sponsor must be a Canadian citizen or permanent resident who:

  • is at least 18 years of age;
  • resides in Canada; and
  • has filed a sponsorship application in accordance with section 10.

IRCC's eligibility page (page date 2026-06-23) repeats this and adds that a sponsor can also be a person registered under the Indian Act, must sign an undertaking and sponsorship agreement, and must meet the other requirements. On income, it says: "In most cases, there isn't an income requirement to sponsor your spouse, partner or dependent child."

A Canadian citizen who lives abroad can sponsor a spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the sponsored person becomes a permanent resident (IRPR s.130(2)). IRCC's page adds that a permanent resident living outside Canada cannot sponsor.

There is a five-year rule for people who were themselves sponsored (IRPR s.130(3)). A sponsor who became a permanent resident or citizen after being sponsored as a spouse, common-law partner or conjugal partner may not sponsor a new spouse or partner unless they have been a permanent resident, citizen or a combination of the two for at least five years immediately before the new sponsorship application was filed. IRCC states it as: you "were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago."

IRCC lists further bars that can make a sponsor ineligible:

  • an earlier undertaking for a former spouse or partner where "it hasn't been 3 years since they became a permanent resident";
  • undischarged bankruptcy (with exceptions);
  • being in jail, prison or a penitentiary;
  • being in default on immigration loans, performance bonds or court-ordered support payments (exceptions in Quebec);
  • receiving social assistance for a reason other than disability;
  • convictions for certain violent or sexual offences, a pending application for the same person, or a removal order.

These are IRCC's own summaries. The Regulations carry the full tests.

Who can be sponsored, and what counts as a genuine relationship

IRCC's "Who you can sponsor" page (page date 2026-09-11) gives these definitions:

  • Spouse: legally married to the sponsor, at least 18, in a genuine relationship, and not inadmissible to Canada.
  • Common-law partner: not legally married to the sponsor, at least 18, in a genuine relationship, and having lived together continuously for at least 12 months in a conjugal relationship. The Regulations define a common-law partner as an individual "cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year" (IRPR s.1(1)).
  • Conjugal partner: not married to or in a common-law relationship with the sponsor, at least 18, in "an exclusive and mutually interdependent relationship" of at least one year, and living outside Canada. IRCC says they may be unable to live with the sponsor or marry for legal, immigration, social, cultural, religious or other reasons.
  • Dependent child: a biological or adopted child of the sponsor or of the sponsor's spouse or partner who is under 22 and does not have a spouse or common-law partner, or who is 22 or older and unable to support themselves because of a mental or physical condition, or who has depended on their parents financially since before age 22.

The relationship must be genuine. IRPR s.4(1) says a foreign national "shall not be considered a spouse, a common-law partner or a conjugal partner" if the relationship "(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine." Section 4.1 adds the case of a new relationship started after an earlier one with the same person was dissolved primarily so someone could acquire status.

IRCC's "Who you can sponsor" page says that if either partner chooses to end the relationship, IRCC considers it over. IRCC's guide (IMM 5289) says that for a marriage, a valid marriage certificate or proof of registration is required; a record of solemnization or a marriage licence is not accepted. IRPR s.125(1)(c.1) excludes from the in-Canada class a spouse where, at the time of the ceremony, one or both spouses were not physically present, other than for Canadian Forces service in the way the regulation describes.

The sponsor completes a relationship questionnaire (IMM 5532). IRCC's guide says interviews may cover the relationship, and proof of communication is limited to 10 pages.

Inland vs outland: the two categories

IRCC's complete guide (IMM 5289) describes two categories for spouses and common-law partners.

Spouse or Common-law Partner in Canada class (the "inland" category). IRPR s.124 says a foreign national is a member if they:

  • are the spouse or common-law partner of the sponsor and cohabit with the sponsor in Canada;
  • have temporary resident status in Canada; and
  • are the subject of a sponsorship application.

IRCC's guide says the class applies if the spouse or partner lives with the sponsor in Canada and has valid temporary resident status, or is exempt under a 2005 public policy. Under that policy, according to the guide, a person without status can be sponsored only if inadmissible for specified reasons, such as overstaying, or working or studying without authorization. The guide says that a person who leaves Canada before becoming a permanent resident "may not be allowed to come back."

Family class (the "outland" category). The guide says it applies if the person lives outside Canada; if they live with the sponsor in Canada but will not stay during processing; if the sponsor plans to appeal a refusal; or if the sponsor is sponsoring a conjugal partner or dependent child. Conjugal partners and dependent children must use this class, and conjugal partners "cannot be living in Canada."

The guide says sponsors of a spouse or common-law partner may choose either class where they qualify for both; who qualifies depends on residence and status.

IRPR s.125 adds exclusions from the in-Canada class. For example, a spouse or common-law partner is excluded if the sponsor has an existing spousal undertaking whose period has not ended (s.125(1)(b)); a spouse is excluded if the sponsor or spouse was married to someone else at the time of their marriage (s.125(1)(c)(i)); and a spouse is excluded in certain cases where the sponsor has lived apart for at least a year and there is another partnership (s.125(1)(c)(ii)).

Quebec has its own undertaking and different requirements. IRCC says that Quebec residents submit to IRCC first, and the undertaking goes to the Government of Quebec, with IRCC unable to decide until Quebec does.

How the application works

IRCC's "How to apply" page (page date 2026-09-11) and the application page describe the process:

  • Applications must be made online (since September 23, 2022). IRCC now accepts copies of supporting documents, though originals should be kept in case they are asked for.
  • There are two applications, a sponsorship application and a permanent residence application. The principal applicant, the person being sponsored, submits both together through the Permanent Residence (PR) Portal.
  • Every family member must be declared, including those not coming and those whose whereabouts are unknown. IRCC says a family member who is not declared cannot be sponsored later.
  • Each person pays fees, and the right of permanent residence fee is paid before the sponsored person becomes a permanent resident.
  • Answers must be complete, the application is signed electronically by typing the full name as in the passport, the fee receipt is included and supporting documents are uploaded. "If the application is incomplete, we'll reject it."
  • Medical exams are required for family members who are not citizens or permanent residents, even if they are not coming, within 30 days of medical instructions. Police certificates are needed for each country other than Canada where the applicant lived six or more months in a row after age 18. Biometrics are required for applicants inside Canada.
  • IRCC says paid representatives must be authorized and complete the Use of a Representative form (IMM 5476). Neither paid nor unpaid representatives can sign the application for the applicant.

IRCC's "Who you can sponsor" page also records that its "undeclared family" public policy ended on September 10, 2026; it applied only to eligible applications received between May 31, 2019 and September 10, 2026. Anyone with older family members who were never declared should read that page.

IRCC does not publish a fixed processing time on its guide pages. They point to the processing-times tool, which changes, so we do not quote a figure.

Spouses living in Canada may be eligible for an open work permit while the application is processed; IRCC's page (page date 2026-04-17) sets the eligibility details, and our guide to the spousal open work permit covers them.

The undertaking and sponsorship agreement

IRCC's page on the undertaking (page date 2025-05-14) says the sponsor commits to financially support the sponsored people for the undertaking period and to make sure they do not need social assistance. The sponsor covers basic needs such as food, clothing, shelter, and dental, eye and other health needs not covered by public health services. The sponsored person must make every reasonable effort to support themselves.

The length of the period, outside Quebec, comes from IRCC's page and IRPR s.132(1):

  • spouse, common-law partner or conjugal partner: three years;
  • dependent child under 22: ten years, or until age 25 if that comes first;
  • dependent child 22 or older: three years.

The period starts when the sponsored person becomes a permanent resident. IRCC says it cannot be cancelled or shortened once that happens, and that the sponsor remains responsible "even if your relationship with the people you're sponsoring changes." Social assistance paid during the period must be repaid, and the sponsor cannot sponsor anyone else until it is. Dependent children under 22 do not sign the sponsorship agreement.

An undertaking can be withdrawn only with IRCC's approval, through a letter sent before a final decision, per the guide.

Because a three-year obligation is also a bar on a later sponsorship (IRPR s.125(1)(b) and IRCC's "it hasn't been 3 years" language), the undertaking has consequences beyond the first application.

If the application is refused

The two categories differ here, and it is one reason couples ask which to choose.

For the family class (outside Canada), IRPA s.63(1) says a person who has filed an application to sponsor a foreign national as a member of the family class "may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa." The notice of appeal must reach the Division within 30 days after the appellant receives the officer's decision and written reasons (Immigration Appeal Division Rules, 2022, rule 16(a)). IRCC's guide says that for an application outside Canada it gives written reasons for a refusal and notes the right to appeal to the Immigration and Refugee Board. Our guide to a refused spousal sponsorship covers the appeal in detail.

For the in-Canada class, IRCC's guide says that if the application is refused, the spouse "must leave Canada at the end of their period of temporary stay." The guide does not describe an appeal right for this class, and s.63(1) is worded around a decision not to issue a permanent resident visa. A refusal can still be reviewed in the Federal Court by judicial review under IRPA s.72, which has short deadlines; see our guide to judicial review.

The guide adds that if a sponsor does not meet the sponsor requirements and withdraws, there is no right of appeal, and that if they continue, IRCC will "likely refuse" the application and say in writing whether an appeal right exists.

Refusal reasons commonly engage the genuineness test in IRPR s.4. A person who thinks an officer misread the file may want to see the officer notes; see our guide to getting them.

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Questions people ask

What is the difference between inland and outland spousal sponsorship?

They are shorthand for two categories. The Spouse or Common-law Partner in Canada class (IRPR s.124) requires the partner to live with the sponsor in Canada with temporary resident status or an applicable exemption. The family class covers people outside Canada, and conjugal partners and dependent children. IRCC says sponsors may choose either where they qualify for both.

Is there an income requirement to sponsor a spouse?

IRCC says that in most cases there is no income requirement to sponsor a spouse, partner or dependent child. The sponsor must still sign an undertaking and meet the other eligibility rules.

How long is the sponsorship undertaking?

Outside Quebec, three years for a spouse, common-law partner or conjugal partner, counted from the day they become a permanent resident (IRPR s.132(1)). For a dependent child under 22 it is ten years or until age 25, whichever comes first.

Can I appeal if my spousal sponsorship is refused?

For a refusal to issue a permanent resident visa under the family class, IRPA s.63(1) gives a right of appeal to the Immigration Appeal Division, with a 30-day limit under rule 16(a). IRCC's guide does not describe an appeal for the in-Canada class.

Can I sponsor my spouse if I was sponsored myself?

Not unless you have been a permanent resident, a citizen, or both for at least five years immediately before filing the new sponsorship application (IRPR s.130(3)). IRCC also lists an earlier spousal undertaking that has not run for three years as a bar.

Sources

Last checked 2026-10-09.

Related guides

  • Spousal Sponsorship Cost in 2026: Every Government Fee and What Else to Budget For — On the IRCC fee list (modified 2026-09-21), sponsoring a spouse or partner costs $1,260 including the right of permanent residence fee, or $660 without it, plus $180 for each dependent child and biometrics of $85 per person (family maximum $170). Medical exams, police certificates, translations and any adviser fees are extra and set by others.
  • Spousal Open Work Permit in Canada: Who Qualifies in 2026 — There are two separate spousal open work permits. One is for the spouse of a skilled foreign worker, and since 21 January 2025 it depends on the worker's TEER category and on the worker's permit having at least 16 months left. The other is for a spouse already living in Canada who is being sponsored for permanent residence. Each costs $155 plus the $100 open work permit holder fee (IRCC fee list, 21 September 2026).
  • Spousal Sponsorship Refused: How the 30-Day IAD Appeal Works — If IRCC refuses a permanent resident visa for a spouse, common-law or conjugal partner you sponsored, you as the sponsor can appeal to the Immigration Appeal Division. The IAD must receive your notice of appeal and the refusal within 30 days of you receiving the decision (IAD Rules r.16(a)).
  • Judicial Review of an IRCC Refusal: The 15-Day and 60-Day Deadlines — To challenge an IRCC decision in the Federal Court you first need leave. The application must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, after you're notified (IRPA s.72). Any appeal right, such as an IAD appeal, must be used first.
  • Getting Your GCMS and Officer Notes After a Refusal — Since 29 July 2025 IRCC sends an officer's decision note with refusal letters for most temporary resident applications, and since 26 May 2026 for most permanent resident applications. Other notes in your file can be requested through access to information or privacy requests, which have a 30-day response period and a $5 application fee for access-to-information requests.
  • IMM 5476, Use of a Representative: what the form asks and how it is submitted — IMM 5476 tells IRCC that someone may act for you on an application, paid or unpaid. You complete the applicant sections, your representative signs their own declaration, and a paid representative must give their membership ID from the College, a law society or the Chambre des notaires. The same form is used to cancel or change a representative.
  • Canadian Immigration Fees 2026: The IRCC List, Explained — The IRCC fee list (date modified 21 September 2026) sets the government fees for most applications: for example $100 for a visitor visa, $150 for a study permit, $155 for a work permit, $1,590 for an economic permanent residence application including the $600 right of permanent residence fee, and $653 for an adult citizenship application. Medical exams, language tests, police certificates and representative fees are not on it.