If you are in Canada as a permanent resident or a Canadian citizen, you can sponsor your spouse to immigrate to Quebec.
Remember, it is a very serious legal and financial commitment.
When sponsoring someone to come to Quebec, you are making a contract between yourself, the Government of Canada and Quebec, and the person you are sponsoring.
You, as the sponsor, are agreeing to pay for the fundamental needs (food, shelter, health-care expenses, basic clothing) of the person you are sponsoring for 3 years.
This is an unconditional agreement, that means that no matter what happens (for example, you divorce your husband, or he runs away) you are still legally obligated to pay for the person you are sponsoring for 3 years.
See https://www.quebec.ca/en/immigration/sponsor-family-member/sponsoring-spouse-conjugal-partner for Quebec’s guide to sponsoring a spouse to immigrate to Quebec.
If you married a Canadian citizen or permanent resident who is abusive, or if you are being sponsored by them, note that you can always seek help. You do not need to live with them to keep permanent resident status. To find resources who could help, see “info & help”
Who can sponsor?
- a person who is 18 years or older AND
- lives in Canada (but you need to be a permanent resident or a Canadian citizen)AND
- has been financially stable (not gone into debt) for the past 12 months and can show future financial stability
Who cannot sponsor?
- a person who is on welfare, or a person who has other financial obligations that have not been paid (e.g.if you are divorced and have no paid your alimony [the money that the court can order you to pay your spouse when you divorce])
- a person who has been convicted of sexual harassment, a violent criminal act, or who has physically abused a family member
- a person who is in jail or a rehabilitation program
- a person who is already sponsoring a spouse (to sponsor a new spouse, you need to have divorced the first one and you need to wait three years)
- if you were sponsored as someone’ spouse within the past 5 years
Who can you sponsor?
- Considering that this is only looking at situations of spousal sponsorship, you need to make sure that your marriage is recognised in Canada in order to apply to sponsor your spouse. It is therefore necessary that you have:
- an official marriage certificate
- your spouse was not already married at the time of your marriage
- both spouses were over 18 at the time of the marriage or over 16 with parental approval
For more information, please see http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp.
For more general information on this topic refer to https://www.quebec.ca/en/immigration/sponsor-family-member/sponsoring-spouse-conjugal-partner”.
For a detailed step by step guide, refer to https://www.quebec.ca/en/immigration/sponsor-family-member/sponsor-other-family-member/undertaking-application
To consult the required forms, refer to https://www.quebec.ca/en/immigration/sponsor-family-member/sponsor-other-family-member/undertaking-application#c145861.
- I am on welfare, can I sponsor my spouse?
- It depends. According to both Quebec and Canadian laws, the sponsor needs to have sufficient income to support their spouse financially and they must not have received social assistance, except if the assistance is given because of a disability
Keep in mind that each sponsorship case is studied individually by the government. For more information, please refer to https://www.quebec.ca/en/immigration/sponsor-family-member/sponsor-other-family-member/verifying-your-eligibility (Government of Quebec website) and https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#before (Government of Canada website)
- I have already been married, and divorced. Can I sponsor my new spouse?
- Yes, if it has already been at least 3 years since the last spouse you sponsored became a permanent resident. In other words, if you want to sponsor a spouse, but you signed an undertaking for a previous spouse and it has not yet been 3 years since they became a permanent resident, then you cannot sponsor your new spouse.
- What happens if we get divorced or break up?
- If you have sponsored someone to come to Canada as your spouse, the sponsorship undertaking you signed will remain in effect for 3 years after the person becomes a permanent resident, even if you break up or get divorced during that period. You will therefore be responsible for the basic needs of your sponsored spouse for those 3 years.
If you were sponsored by your spouse, your sponsorship will remain for 3 years after you become a permanent resident. You do not have to live together with your sponsor to keep your sponsorship, especially when there is conjugal violence in your relationship. If you are a victim of domestic violence, please refer to our Resources section to get help.
- Help! I sponsored my husband, and I am a victim of conjugal violence
→ Can I stop sponsoring him?
It depends. If you have applied to sponsor your husband but haven’t received a response yet, you can cancel the application. You must act quickly, because once the application is approved, it might be too late. However, if your husband has already received a Permanent Resident Card or a document called ‘Confirmation of Permanent Residence,’ it is too late to cancel the sponsorship.
For more information on canceling your sponsorship, visit http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=732&top=14 .
→ Will I have to continue to support him financially?
Yes, unfortunately. As a sponsor, you unconditionally promised to financially support your sponsored spouse for a period of three years. Even if you get divorced, separated or break up, you are responsible as a sponsor for the duration of the 3-year undertaking. However, if your husband has a job that allows him to meet his own needs, you do not need to support him!
If the person you sponsored receives welfare (financial assistance from the government) during the first three years of their arrival, you will be responsible for reimbursing those costs.
- Help! My husband sponsored me, and I am a victim of conjugal violence
→ Can my husband cancel his sponsorship of me if I leave him?
It depends. If you have already received an answer from Immigration Canada that approves you to be a permanent resident, then it is too late for your husband to cancel his sponsorship. Once Immigration Canada has sent a document titled ‘Confirmation of Permanent Residence’ or issued your Permanent Resident Card, you are officially a permanent resident of Canada and your husband cannot cancel his sponsorship.
Remember, even if you lose the physical permanent resident card (or if your husband takes it, or destroys it), you still maintain your permanent residency in Canada and you can simply ask Immigration Canada to send you a new card.
The only way your husband can cancel his sponsorship of you is if the application has been submitted to Immigration Canada, but not approved yet. If you are in this situation, you should contact a lawyer right away.
That being said, immigration authorities may investigate if a sponsor tells them that:
- the relationship was not real, or
- the sponsored woman left out required information or included information that was not true in her application
If you think an investigation into your relationship or application could reveal missing information, it is important to get legal advice right away! Visit our Resources page to learn more.
→ Can I leave my partner, even though he sponsored me?
Yes, you can choose to end your relationship with your partner at any time, for any reason, regardless of whether or not you were sponsored. You do not need to stay together in order to keep your permanent resident status!
In the past, the law required sponsored spouses to live with their sponsor for a minimum of two years (called Conditional Permanent Residence), but the law has changed. Today, there is no longer any requirement to stay together.
If you are married and want to officially end your relationship, and break all legal ties, you may decide to get divorced. If you are married and want to settle the effects of your breakup (dividing up your belongings, deciding on child custody) without breaking all legal ties, you might decide to pursue a legal separation. It is also possible to live separately from your partner without taking any legal action. Visit “Leaving your partner” for more information.