People who recently discover that they are Canadian citizens by descent may have questions about what their new status means for their families.
Well, Canadian citizenship gives them the right to live and work in Canada, travel using a Canadian passport, and enjoy other rights available to Canadian citizens. However, citizenship by descent does not automatically give Canadian status to a spouse.
A spouse remains a citizen or resident of their existing country unless they qualify for Canadian status through a separate immigration or citizenship process.
The good news is that a Canadian citizen by descent can generally sponsor a spouse, common-law partner, or eligible conjugal partner for Canadian permanent residence, provided the sponsor meets the required conditions.
This means that discovering Canadian citizenship through a parent or another qualifying family connection can create a pathway for a couple to live together in Canada.
Sponsorship Gives A Spouse Permanent Residence
Spousal sponsorship does not directly give the sponsored person Canadian citizenship.
Instead, the process allows a Canadian citizen to sponsor an eligible spouse or partner for permanent residence. A permanent resident can generally live, work, and study anywhere in Canada, subject to the rules that apply to permanent residents.
After meeting the required residency conditions, a permanent resident may later become eligible to apply for Canadian citizenship.
For citizenship purposes, a permanent resident generally needs to have been physically present in Canada for at least three years during the five-year period before applying, along with meeting the other citizenship requirements.
The sponsorship option is not limited to legally married couples. Depending on the circumstances, Canadian citizens may also sponsor a common-law partner or a conjugal partner.
A common-law partner is generally someone who has lived continuously with the sponsor in a marriage-like relationship for at least one year.
On the other hand, a conjugal partner is someone who has been in a committed relationship with the sponsor for at least one year but has been unable to live together or marry because of circumstances beyond their control. These circumstances may include immigration barriers or legal restrictions in the partner’s country.
Sponsor Eligibility Requirements
A Canadian citizen who wants to sponsor a spouse or partner must meet several requirements.
The sponsor must generally be at least 18 years old. If the Canadian citizen is living outside Canada, they must also demonstrate that they intend to return to Canada when the sponsored spouse or partner becomes a permanent resident.
The sponsor must also be able to support the basic needs of the sponsored family members.
In most spousal sponsorship cases, there is no minimum income requirement in the same way that there is for certain other family sponsorship categories. However, the sponsor must generally demonstrate that they can provide for basic needs and must not be receiving social assistance for reasons other than a disability.
The sponsor may also need to sign an undertaking agreeing to provide financial support for the sponsored family member for a specified period.
Certain circumstances can prevent a person from sponsoring a spouse or partner. These can include particular criminal convictions, financial issues, or an existing sponsorship undertaking that has not yet ended.
Anyone with a complicated background should carefully review the eligibility rules before submitting an application.
The Sponsorship Route Depends On Where The Partner Lives
The process can differ depending on where the spouse or partner is living.
If the spouse lives outside Canada, the application will generally be submitted through the Family Class, commonly known as an outland sponsorship application.
A Canadian citizen can submit an outland sponsorship application even while living in Canada. This can be useful for citizens who want to remain in Canada during the application while still allowing the sponsored spouse to be processed through the Family Class.
Canadian citizens sponsoring a conjugal partner must use the outland sponsorship route.
If both the sponsor and spouse or common-law partner are living in Canada, the couple may generally apply through the Spouse or Common-Law Partner in Canada Class.
This route is commonly known as inland sponsorship.
An eligible spouse or common-law partner who is living in Canada may also be able to apply for an open work permit while the permanent residence application is being considered.
This can allow the sponsored partner to work legally in Canada while waiting for a decision on the permanent residence application, provided the person meets the applicable requirements.
The choice between the two routes can therefore depend on where the spouse lives, whether the couple plans to remain together in Canada during the application, and whether the spouse needs the option to work in Canada.
Marriage Must Be Legally Recognized
A marriage must meet Canadian legal requirements to qualify for spousal sponsorship.
The marriage generally needs to be legally valid both in Canada and in the country where the marriage took place.
This is particularly important for couples who were married outside Canada.
For example, if a couple was married in another country, the marriage certificate issued by the relevant authority in that country may be required as evidence that the marriage is legally recognized.
A marriage ceremony alone does not necessarily establish eligibility. Immigration authorities may review the documents and other evidence provided with the application.
Applicants should therefore make sure that their marriage documents are valid, complete, and consistent with the information provided in the application.
Criminal History Can Affect Sponsorship
Criminal history can create additional immigration concerns for a sponsored spouse or partner.
A person with certain criminal convictions may be found inadmissible to Canada. This can apply even when the person is being sponsored by a Canadian citizen.
A conviction for an offence such as driving under the influence can, depending on the circumstances, result in criminal inadmissibility.
However, a criminal record does not necessarily mean that the person can never enter Canada.
In some situations, an individual may be able to overcome criminal inadmissibility through a process such as criminal rehabilitation. Eligibility can depend on factors including the offence, the sentence, and the amount of time that has passed.
Because these cases can be more complicated, applicants with criminal records may benefit from professional legal advice before submitting an application.
Quebec Has Additional Sponsorship Requirements
Couples planning to settle in Quebec need to follow additional provincial requirements.
Quebec has its own immigration system, which means family sponsorship involves both the federal government and the province.
After the federal immigration department determines that the Canadian citizen is eligible to act as a sponsor, the sponsor may need to complete a separate undertaking process with Quebec’s immigration authorities.
Quebec has its own requirements concerning matters such as financial ability, residency, and eligibility.
The additional provincial stage can make the overall application more complicated and may affect how long the complete process takes.
Applicants planning to settle in Quebec should therefore make sure they understand both federal and provincial requirements before beginning the sponsorship process.
Children May Have Different Citizenship Rules
Canadian citizenship by descent can also affect the citizenship status of children, but the rules depend on when and how a child was born or adopted.
Biological children may be able to claim Canadian citizenship through the same line of descent that established the parent’s Canadian citizenship.
Adopted children may also qualify in certain circumstances, although the procedure can involve additional requirements.
Children born or adopted on or after December 15, 2025, may face an additional requirement when citizenship is being passed on by descent.
In these cases, the Canadian citizen parent may need to demonstrate at least 1,095 days of physical presence in Canada before the child’s birth or adoption.
The rules surrounding citizenship by descent have changed, so families should examine the requirements that apply to the specific child and the circumstances of the parent’s Canadian citizenship.
Documents Are Required From Both Partners
Once the correct sponsorship category has been identified, the sponsor and spouse or partner must prepare the required forms and supporting documents.
The application generally includes documents relating to the sponsor as well as documents supporting the spouse or partner’s permanent residence application.
Proof of the relationship is an important part of the application. Married couples may need to provide marriage certificates and other evidence showing that the marriage is genuine.
Common-law partners may need evidence demonstrating that they have lived together for the required period.
Applicants may also need to provide identity documents, police certificates, photographs, background information, and other supporting records depending on their circumstances.
The immigration department can request additional information or documents if they are needed to assess the application.
Medical Examinations May Be Required
Family members included in the application who are not already Canadian citizens or permanent residents may need to complete a medical examination.
The examination must generally be completed by a doctor approved by the Canadian immigration authorities.
Applicants do not necessarily need to complete the medical examination before receiving instructions. The immigration department can provide instructions about when and how the examination should be completed.
Following the instructions carefully can help prevent unnecessary delays in the application.
Professional Help May Be Useful In Complex Cases
Some couples decide to handle their sponsorship application themselves, while others choose to work with an authorized representative.
An immigration lawyer or licensed immigration consultant can help applicants understand which sponsorship category applies to them, prepare documents, and address complications that may arise.
Professional assistance can be particularly useful when there are issues involving criminal records, previous immigration applications, complicated family circumstances, or questions about citizenship by descent.
However, applicants remain responsible for ensuring that the information submitted to the immigration authorities is complete and accurate, even when they use a representative.
Canadian Citizenship By Descent Can Open A Path For Couples
Discovering Canadian citizenship by descent can provide significant opportunities for the person who has acquired or confirmed that status.
The citizenship itself does not automatically extend to a spouse. However, Canadian citizens generally have the ability to sponsor an eligible spouse or partner for permanent residence.
The exact route depends on factors such as where the spouse lives, the nature of the relationship, whether the couple plans to settle in Quebec, and whether there are any criminal or immigration concerns.
For couples who meet the requirements, spousal sponsorship can provide a clear route toward building a life together in Canada. The sponsored spouse first obtains permanent residence and may later become eligible for Canadian citizenship after meeting the applicable requirements.
CWRVisa, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at CWRVisa.ca.