Spousal Sponsorship Lawyer · Toronto

Who this page is for

This page is for Canadian citizens and permanent residents who want to sponsor a spouse or common-law partner, and for the partner being sponsored. Most of it covers inland sponsorship, where your partner lives with you in Canada and may be able to work while the file is processed. We also handle outland files when they fit the facts better. The page is also for couples with a complication: a recent marriage, little time together, a previous sponsorship, a past refusal, a criminal charge, or a partner without status.

Inland or outland

There are two classes. IRCC's sponsorship guide (IMM 5289) says to apply in the Spouse or Common-Law Partner in Canada class (inland) when your partner lives with you in Canada and has valid temporary resident status (IRPR section 124), or is exempt from that requirement under a 2005 public policy. That policy only covers partners who are out of status for specific reasons, such as overstaying or working without authorization. Other inadmissibility is not covered.

The guide says to apply in the Family Class (outland) when your partner lives outside Canada, lives with you but will not stay in Canada during processing, or when you want the right to appeal a refusal. Conjugal partners must apply in the Family Class. The difference in remedies is real. Under IRPA section 63(1), a sponsor can, in most cases, appeal a Family Class refusal to the Immigration Appeal Division. An inland refusal is challenged by judicial review at the Federal Court. IRCC also warns that an inland partner who leaves Canada during processing may not be allowed back in, especially if they need a visitor visa.

Working while you wait: the open work permit

IRCC's current open work permit public policy lets a sponsored spouse, common-law partner or conjugal partner work while the permanent residence application is processed. The partner must:

• live in Canada with the sponsor, in a genuine relationship;

• be included in a permanent residence application and have the acknowledgement of receipt (AOR) letter;

• have valid temporary resident status, including maintained status, or have applied for restoration and be eligible for it.

You can apply without the AOR only if your permit or status expires within two weeks. The permit can be extended by two years while the application is still being processed. It cannot be requested at a port of entry, or after the permanent residence application is refused, withdrawn or returned. A partner who is out of status and processed under the spousal public policy must wait for the approval in principle letter and then apply on paper.

Who can sponsor

You must be 18 or older, a Canadian citizen, a permanent resident or a person registered under the Indian Act, and you must live in Canada. A citizen living abroad must show that they will live in Canada when the partner becomes a permanent resident. You sign an undertaking to support your partner for three years from the day they become a permanent resident. It stays in force even if the relationship ends. In most spousal cases there is no income test. You may be ineligible if you were sponsored as a spouse and became a permanent resident less than five years ago, if an earlier spousal undertaking is still running, if you are in default on support payments, an immigration loan or a past undertaking, if you receive social assistance for a reason other than disability, or if you have certain criminal convictions (IRCC eligibility page).

What officers look for

• A genuine relationship: under IRPR section 4, a marriage or partnership does not count if it is not genuine or was entered into mainly to obtain status. Officers look at how the relationship developed, time together, cohabitation, shared finances, communication and whether your families know about it. Our step-by-step sponsorship guide lists the evidence in detail.

• The right relationship category: a common-law partner must have lived with you for at least 12 consecutive months, with only short absences. A marriage performed abroad must be legal there and in Canada. IRCC does not recognize proxy, telephone or internet marriages where one or both people were not physically present.

• Full family disclosure: every family member must be declared. If you did not declare your partner when you immigrated, the partner may be excluded under IRPR section 117(9)(d). The temporary public policy that allowed some of these sponsorships ended on September 10, 2026, and it does not apply to applications submitted after that date (IRCC notice).

• Admissibility: criminality, security and misrepresentation rules apply to sponsored partners. Sponsored spouses and partners are generally exempt from the excessive-demand medical rule, but a medical exam is still required (IRCC medical inadmissibility page).

Common reasons for refusal, and how we build against them

• Genuineness doubts: a recent marriage or limited time together does not decide a file on its own, but it must be explained. We build a dated chronology backed by documents and prepare you both for an interview.

• Inconsistent answers: dates, addresses and past relationships must match across every form and every earlier application. We check them against each other before filing. If an earlier form was wrong, we correct it openly; see our post on mistakes in immigration forms.

• Sponsor ineligibility or an excluded relationship: we screen for both at the first consultation, and if there is no viable path, we say so.

• Undisclosed charges or refusals: a charge is not a conviction, but hiding one can lead to a five-year misrepresentation bar, so we disclose it and explain it. See our post on pending criminal charges and sponsorship.

• Incomplete applications: IRCC returns incomplete files, so you get a checklist built for your file.

A refusal is not the end. Depending on the class and the reasons, the options are an appeal to the Immigration Appeal Division for Family Class files, judicial review at the Federal Court (15 days to seek leave when the matter arose in Canada), a reconsideration request, or a new application after we review the officer's notes.

How we work

You work with the lawyer, Ahmet Faruk Ocak, from the first call to the decision. There are no case managers. Faruk is also licensed in Türkiye and works in English and Turkish.

• Online consultation: we hear the story of the relationship, check both partners' histories, and tell you plainly which class fits and whether there is a problem to solve first.

• Flat fee: the fee is agreed in writing before you hire us, and you can pay it in full or in two instalments. It is held in trust and earned at set milestones. Government fees are separate, and HST applies to Canadian residents.

• Secure intake and a shared folder: you complete a secure online intake, and we open a shared document folder and build a checklist for your file.

• Email for everything: advice, instructions and updates come by email, so every step is on record.

What happens next

Book an online consultation at cal.com/blacksyimmigration. Before the call, write down the key dates: when you met, when you started living together, when you married, and each partner's immigration history, including any refusals.

Frequently asked questions

Should we apply inland or outland?

It depends on where your partner lives, whether they will travel during processing, their status and whether you want appeal rights. Inland suits a partner who lives with you in Canada and will stay. The Family Class suits a partner abroad and generally gives the sponsor a right of appeal to the Immigration Appeal Division. Conjugal partners must use the Family Class. We compare both options for your facts.

Can my spouse work while the sponsorship is processed?

Yes, if your spouse lives in Canada with you and meets IRCC's conditions. Under the current public policy, a sponsored partner who is included in a permanent residence application with an acknowledgement of receipt letter, and who has valid status, maintained status or eligibility for restoration, can apply for an open work permit. It is not available at a port of entry.

We have not lived together for a full year. Can I sponsor my partner as common-law?

Not yet. A common-law partner must have lived with you in a conjugal relationship for at least 12 consecutive months, with only short and temporary absences. If you are married, you apply as spouses instead. The conjugal category is only for partners outside Canada who could not live together or marry because of serious barriers. We check your dates before choosing a category.

I did not declare my spouse when I immigrated. Can I still sponsor them?

This is the excluded relationship problem under IRPR section 117(9)(d). The temporary public policy that allowed some of these sponsorships ended on September 10, 2026. IRCC still applies it to eligible applications received between May 31, 2019 and September 10, 2026, but not to later applications. Whether any other route exists depends on the facts. We tell you plainly if there is none.

Does a past criminal charge or visa refusal end our chances?

Not automatically. A charge is not a conviction, and a refusal is not a ban. Both must be disclosed where the forms ask. Hiding them is the bigger risk, because misrepresentation can bar the sponsored partner for five years. We gather the court records and past decisions, explain them in the application, and assess any criminal inadmissibility under Canadian law.