How to Immigrate to Canada from the US - Spousal/Common-Law Partner Sponsorship

Canadian Immigration Options Available to Americans (and potentially other foreign nationals).

At COMPASS Immigration Solutions, we understand the growing demand for clear, reliable guidance on Canadian immigration for US citizens. It is important to note that no specific immigration programs exist solely for Americans; however, a variety of pathways are available. This blog series will identify the programs applicable to US citizens to move to Canada, detailing the pros and cons of each, and providing the essential knowledge required to navigate your potential move to Canada successfully.

Our third post in the series looks at Spousal/Common-law Partner Sponsorship for those married to or in a common-law relationship with a Canadian citizen or permanent resident.  The key to this option is proving you have a genuine relationship. Keep reading to learn more.

Spousal/Common-law Partner Sponsorship (and dependent children under 22)

If you are married to or living with a Canadian citizen or permanent resident, spousal/common-law partnership may be an option. To sponsor a spouse, your marriage must be recognized in both the country where it took place and Canada. To be considered in a common-law relationship, you must have resided with your sponsor for at least 12 full months prior to submitting the application and be able to prove it. 

There aren’t usually any economic requirements beyond your sponsor’s ability to support you through a job, but application processing can take time, and the sponsor must understand the undertaking (financial commitment and responsibility) is 3 years for the applicant and 10 years or until age 25 for any dependents (under age 22). If your spouse’s dependent child has a dependent child, you will have to meet the minimum income requirement.

In-Canada applicants can apply for an open work permit once their application is received. Depending on your province of residence, provincial healthcare may be available, after a short waiting period, while the application is in process.

Whether you apply from outside Canada or inside Canada depends on your personal circumstances. 

There are many provinces and many programs within each province, so it’s important to do your research based on your needs and interests.

Pros of Immigrating to Canada through Spousal/Partner Sponsorship

• Relatively straightforward if relationship is genuine and can be proven.

• Work permits available for spouse in-Canada applications

• No job offer required

• No need to know your TEER category*

Cons of Immigrating to Canada through Spousal/Partner Sponsorship

• Lengthy processing times in-Canada applications (currently)

• Only available for persons married to or living with a Canadian citizen or permanent resident

For those in a genuine relationship with a Canadian citizen or permanent resident, sponsorship is the most common way to become a permanent resident in Canada, but economic pathways are also valid options if the applicant is eligible and likely to get an ITA.

*Although knowing your TEER category or NOC code isn’t necessary in this immigration program, you can learn more about them through our guide to the NOC and TEER below.

Are you planning your move to Canada from the US and want to talk to a professional immigration consultant about your options? Book a 30-minute call with our Regulated Canadian Immigration Consultant (RCIC-IRB) licensed by the College of Immigration and Citizenship Consultants to learn more about what options you have in immigrating to Canada.

*If you’re wondering what a TEER is and how to identify yours, fill out the form below to gain access to our free PDF explaining NOCs and TEERs and why they are important for Canadian immigration.