If you and your partner are living in the U.S. but dreaming of moving to Canada together, spousal sponsorship is the key. Spousal sponsorship is a Canadian immigration process that lets a Canadian citizen or permanent resident sponsor their spouse or partner for permanent residence. Canada strongly favors keeping families together and family reunification is a cornerstone of Canadian immigration policy. The great news is that there’s no complex point system or job offer needed for this route; it’s all about your genuine relationship. Below we’ll walk through what U.S.–Canadian couples need to know.
Thinking of moving to Canada with your Canadian spouse? We offer free legal consultations for American–Canadian couples living in the U.S. who want to immigrate to Canada. Email us at info@marinimmigrationlaw.ca to schedule your free consultation. We’re happy to help!
What Exactly Is Spousal Sponsorship?
Spousal sponsorship is essentially your direct path to immigrate to Canada as a couple. Here’s how it works in a nutshell: the Canadian partner (the sponsor) applies to bring their American spouse or common-law partner (the applicant) to live in Canada as a permanent resident.
Once the application is approved, the American spouse becomes a Canadian permanent resident (think of it like getting a Canadian “green card”). This means they can live and work in Canada, have access to healthcare, and eventually even apply for citizenship.
There are no quotas or point scores to worry about. Approval is based on your relationship being legitimate and meeting the requirements. In other words, if your love is real and you follow the process, Canada wants to welcome you!
Key benefit: Spousal sponsorship is often the simplest and most assured immigration path for Americans with Canadian partners. Unlike work visas or skilled worker programs, you don’t need to compete or qualify under a points system. Just be prepared to provide plenty of paperwork proving your relationship (photos, joint documents, etc.) to show it’s the real deal.
Who Can Be a Sponsor (and Who Can Be Sponsored)?
In a spousal sponsorship, the sponsor must be a Canadian citizen or permanent resident who is at least 18 years old. If you’re the Canadian half of the couple, here are the basics:
- Residence: Canadian citizens can sponsor a spouse while living in the U.S., as long as you plan to move back to Canada when your partner gets permanent residence. Permanent residents (PRs), however, must be living in Canada to sponsor. A PR can’t file a sponsorship from outside Canada.
- Financial stability: There’s no strict income cutoff to sponsor a spouse (unlike other immigration streams), but you must not be on social assistance (welfare) for non-disability reasons. You’ll also sign an undertaking promising to support your spouse’s basic needs for 3 years once they become a resident.
- Good standing: The sponsor shouldn’t have serious criminal convictions (especially against family) and must not be bankrupt or under a removal order. Also, if you were sponsored as a spouse in the past, at least 5 years must pass before you can sponsor a new partner.
Meanwhile, the person being sponsored (the American spouse/partner) needs to be in an eligible relationship with the sponsor and also 18 or older. Canada recognizes both legally married spouses and long-term common-law partners for sponsorship. The relationship must be genuine and not just for immigration purposes. Let’s break down the relationship types:
- Married couples: If you’re legally married (either opposite-sex or same-sex, Canada honors both equally), you qualify as spouses for sponsorship. You’ll need to provide your marriage certificate and other evidence (photos together, joint bills/lease, etc.) to prove your marriage is genuine and not a sham.
- Common-law partners: If you’re not married but have lived together in a marriage-like relationship for at least 12 consecutive months, Canada considers you common-law partners. You should be prepared to show proof of cohabitation for one year (shared rental agreements, joint utility bills, shared address on IDs, etc.) and evidence of your life as a couple. Common-law partnerships are treated just like marriages in the eyes of Canadian immigration – including for same-sex couples.
- Conjugal partners: This category is uncommon for U.S.–Canada couples, but it exists for exceptional situations where you and your partner have an ongoing relationship but cannot marry or live together due to forces beyond your control (for example, legal barriers or strict cultural reasons). It’s rarely applicable when an American and Canadian are involved, since generally you can either get married or live together in the U.S. or Canada without hindrance. But know that Canada has this as a catch-all for unusual cases.
Bottom line: If you’re legally married or have lived together for a year as common-law partners, you’re likely eligible to apply. The Canadian sponsor just needs to meet the basic criteria, and both of you must convince immigration that your relationship is genuine and loving. Love knows no borders, as they say, and Canadian immigration officers believe that too, as long as you prove your relationship is real!
Applying from Outside vs. Inside Canada (Outland vs. Inland)
One big question for Americans is: do you apply while still in the U.S., or after moving to Canada? The answer depends on your situation, but both options are available to Americans in these relationships:
- Outland Sponsorship (applying from the U.S.): This is the common route if the American partner is still living in the States. You submit the sponsorship application to IRCC (Canada’s immigration department) and it will be processed through a Canadian visa office. The American spouse can remain in the U.S. during the process; no need to move up to Canada until the PR is approved. In fact, many Americans keep their U.S. job and home while waiting. You can still visit your spouse in Canada as a visitor during this time (Americans can enter Canada visa-free for short stays up to 6 months, and this can be extended - in fact, Canada allows telework outside Canada without a work permit), but you’ll wait to move permanently until the PR is granted. The good news is these outland applications for Americans tend to move efficiently (often around 12 months) since Canada and the U.S. have close cooperation for background checks. Once approved, you’ll get a Confirmation of Permanent Residence and can officially land in Canada as a new permanent resident.
- Inland Sponsorship (applying from within Canada): This route is if the American partner is already in Canada (for example, you came up as a visitor or on a work/study permit to be with your spouse). Inland sponsorship means you apply while both of you are in Canada together. A big perk here is that the sponsored person can also apply for an Open Work Permit once the sponsorship application is submitted. An open work permit lets the American spouse work in Canada while waiting for the PR – super helpful so you’re not stuck at home for a year. The catch with inland applications is you should avoid leaving Canada while it’s in process. If you (the American applicant) leave and have trouble re-entering Canada, it could abandon the application. So, inland is best if you plan to stay put in Canada during the wait. This option is great for those who are already living together in Canada or are willing to stay there as a visitor during the processing period.
Which should you choose? It depends on your plans. If you’re both still in the U.S. right now, you’ll likely do an outland application (and the Canadian sponsor can remain with you in the States while you wait, if they are a citizen planning to move later). If timing is urgent or you’re already in Canada together, inland might make sense so you can work while you wait. Either way, the end goal is the same; an approval that lets you live in Canada together permanently.
How Long Does the Process Take?
On average, spousal sponsorship applications for Americans take about 12 months to be processed. Sometimes it’s a bit faster, sometimes slower, but Canada prioritizes spouse cases because they understand you want to be together. Compared to many other immigration programs, one year is relatively quick (for example, some skilled worker streams or other visas can take longer). During the waiting period, it’s important to stay patient and keep an eye on any requests from IRCC for additional documents or updates.
Life After Sponsorship: Welcome to Canada!
When your sponsorship is approved, congrats - you’re officially a Canadian permanent resident (PR)! This status gives the American partner almost all the same rights as a Canadian citizen. You can live and work anywhere in Canada freely, access healthcare, and your path to becoming a citizen starts counting down. There is no condition that you must stay married or anything dramatic like that; however, obviously the relationship should be genuine. (If a couple faked it, the PR can be revoked for misrepresentation, but assuming you’re a real couple, you’re fine!)
After becoming a PR, how long until you can get Canadian citizenship? Currently, you need to be physically present in Canada for 3 out of 5 years as a permanent resident, then you can apply to become a citizen. The wonderful part for Americans is Canada allows dual citizenship, and the U.S. doesn’t make you renounce your American citizenship when you become Canadian. That means you can hold both passports if you want – truly enjoying the best of both worlds. Many Americans sponsored by Canadian spouses go on to eventually have dual citizenship, which can be great for travel and career flexibility. But there’s no rush; you can remain a PR indefinitely as long as you live in Canada 2 out of every 5 years to maintain status.
Living in Canada with your spouse, you’ll get to enjoy things like no visa needed to work, the ability to buy property, coverage under public health insurance, and so on. It can be an adjustment (hello winter! ⛄), but thousands of American-Canadian couples make this transition every year. Culturally, Canada will feel familiar yet unique, and you’ll finally both be in the same country building your lives together.
Ready to Move to Canada? We Can Help!
Navigating the immigration paperwork can feel overwhelming, but you don’t have to do it alone. If you’re a U.S.-based couple planning the big move to Canada, we’re here to guide you every step of the way. At Marin Immigration Law, we specialize in helping couples reunite in Canada through spousal sponsorship. From filling out forms to crafting a strong application with the right evidence, our expertise as a Canadian immigration law firm can make the process smoother and less stressful.
Thinking of moving to Canada with your Canadian spouse? We offer free legal consultations for American–Canadian couples living in the U.S. who want to immigrate to Canada. Email us at info@marinimmigrationlaw.ca to schedule your free consultation. We’re happy to help!
Don’t let the red tape hold up your happily-ever-after. Get in touch with Marin Immigration Law for a free, personal legal consultation to discuss your situation and get professional help with your sponsorship application. We’ll answer your questions, double-check that you meet all the requirements, and help you avoid common mistakes that could delay your case. Moving to Canada with your spouse is an exciting journey – and with the right help, you’ll be starting your new life in Canada before you know it. Contact us today and let’s make your Canadian dream a reality!
Réservez un appel avec Cédric Marin, avocat spécialisé en droit de l'immigration. Cédric Marin, Immigration Lawyer. Que vous présentiez une demande pour la première fois ou que vous essayiez d'annuler un refus, je vous assure une représentation juridique individuelle pour obtenir des résultats. Pas d'assistants juridiques. Aucun conseil générique. Il suffit de remplir des demandes bien préparées et de bénéficier d'un soutien stratégique en cas de problème. Voyons comment faire avancer votre dossier avec succès.
Avertissement : Les informations fournies sur ce blog sont fournies à des fins d'information générale et ne constituent pas des conseils juridiques. Les informations ne remplacent pas les conseils juridiques professionnels et peuvent ne pas vous convenir. Ne vous fiez pas exclusivement à ce blog. Effectuez toujours vos propres recherches et faites preuve de diligence raisonnable. Bien que nous nous efforcions de fournir des informations précises et à jour, les lois et réglementations en matière d'immigration peuvent varier et évoluer au fil du temps. Il est important de consulter un avocat spécialisé en droit de l'immigration si vous ne savez pas comment procéder.