If you're considering sponsoring your spouse or common-law partner for permanent residence in Canada, you're not alone. These are some of the most common — and important — questions people ask before starting the process.

Can my spouse come to Canada while the sponsorship application is in process?

In some cases, yes. If you’re applying inland, your spouse may be eligible for an open work permit. If you’re applying outland, they can apply for a visitor visa — but approval isn’t guaranteed. Each situation is assessed on its own merits.

What if my spousal sponsorship application is refused?

Refusals are stressful, but not always final. You may be able to:

• Reapply with stronger documentation

• Submit a request for reconsideration

• Seek judicial review through the Federal Court

The best option depends on the specific reasons for refusal.

Does my spouse need to live with me in Canada to qualify?

No. If you’re applying through the outland process, you don’t have to live together in Canada. But you do need to show that your relationship is ongoing and genuine.

How much income do I need to sponsor my spouse?

There’s no specific income threshold. However, you must not be receiving social assistance (except for disability) and must show that you can meet basic needs without government help.

Can I sponsor my spouse if I was sponsored myself?

Yes — but only if it has been at least five years since you became a permanent resident through spousal sponsorship.

Can I sponsor someone I recently married or met online?

You can apply — but expect higher scrutiny. You’ll need strong evidence that the relationship is real and not entered into for immigration purposes.

Will a criminal record affect my ability to sponsor my spouse?

Possibly. Sponsors may be ineligible if they’ve been convicted of violent or sexual offences, especially against family members. Each case is reviewed carefully.

Can I sponsor my spouse while living outside Canada?

Only Canadian citizens can sponsor from outside Canada — and even then, you must show you plan to return to Canada once your spouse is approved. Permanent residents must reside in Canada to sponsor.

What happens if my spouse is out of status in Canada?

If they’re living with you in Canada, they may still be eligible to apply through the inland process — even without valid immigration status. IRCC may overlook the lack of status in genuine, ongoing relationships.

Do we need a lawyer for a spousal sponsorship?

Not necessarily — but it can help. A lawyer can guide you through the process, help avoid mistakes, and respond if IRCC raises concerns or refuses the application. For complex situations, professional help is often worth it.

If you have other questions or want to know where your situation fits, feel free to book a consultation. We're here to help you present the strongest possible case.

Need Help with Your Immigration Journey?

📞 Call: (365) 873-0644

📧 Email: info@binghamimmigrationlaw.ca

📅 Consultation: Book a consultation online

Humanitarian & Compassionate (H&C) Applications in Canada: Common Questions Answered

Humanitarian and compassionate (H&C) applications are a special immigration option for people in Canada who don’t qualify under any regular immigration category — but have compelling reasons to stay. Here are answers to some of the most common questions.

What is an H&C application in Canada?

An H&C application is a request for an exemption from immigration rules — usually to allow someone to apply for permanent residence from inside Canada, even if they don’t have legal status. IRCC considers things like hardship, establishment, and the best interests of children.

Who can apply for PR under H&C grounds?

Anyone in Canada who has compelling reasons to stay — including people without status — can apply. It’s most commonly used by individuals who have lived in Canada for a long time, have Canadian-born children, or face serious hardship if removed.

Can I apply if I don’t have status in Canada?

Yes. Many people who apply under H&C grounds have no valid immigration status. That alone will not disqualify you. In fact, the H&C process exists partly to help people in this situation.

What kind of hardship qualifies?

IRCC considers personal hardship, including:

• Lack of access to medical treatment

• Threats or family violence in your home country

• Extreme poverty or lack of support

• Long-term trauma, health conditions, or discrimination

Hardship must be specific to you — not just general conditions in your country.

Do I need to show that I’ve lived in Canada for a certain number of years?

There is no fixed rule. However, longer residence (especially with strong work history, community ties, and good character) can strengthen your application.

What if I have a child who is Canadian?

If you have Canadian-born children or dependent children with status in Canada, their best interests will be a key factor. This includes education, medical needs, and emotional wellbeing. H&C decisions must give these factors serious weight.

Can I work while waiting for an H&C decision?

If you don’t have status, you are not automatically eligible to work. However, you can apply for a work permit once you receive first-stage approval on your H&C application. This usually takes several months.

How long does an H&C application take to process?

Processing times vary but can range from 12 to 24 months. Some cases take longer, especially if documents are missing or additional information is requested.

What are the chances of success?

Every case is unique. A strong application with solid documentation and a clear explanation of hardship and establishment has a better chance. Many refusals happen when applications are rushed, vague, or unsupported.

Should I get a lawyer to help with my H&C application?

It’s not required, but legal help can be valuable. A lawyer can help you prepare a clear, organized case, avoid common mistakes, and respond to requests or refusal letters if needed. In complex cases or where removal is possible, it’s strongly recommended.

If you're unsure whether you qualify for an H&C application, or if you've been told it's your last option, we can help assess your case. Book a consultation to explore your next step.

Need Help with Your Immigration Journey?

📞 Call: (365) 873-0644

📧 Email: info@binghamimmigrationlaw.ca

📅 Consultation: Book a consultation online