Spousal sponsorship: proving the relationship is genuine

Spouse, common-law partner or conjugal partner

The first question is which category the relationship falls into. Each one has its own definition in the Immigration and Refugee Protection Regulations (IRPR), and the evidence you need follows from that choice.

Spouse

You are legally married, and your spouse is at least 18. A marriage that took place outside Canada must be valid both under the law of the place where it happened and under Canadian law (IRPR s. 2).

Common-law partner

You are not married but have lived together in a conjugal relationship for at least one year (IRPR s. 1(1)). IRCC reads this as 12 consecutive months, with only short and temporary time apart.

Conjugal partner

Your partner lives outside Canada and you have been in a conjugal relationship for at least one year (IRPR s. 2). IRCC describes it as exclusive and mutually interdependent, where you could not live together or marry because of barriers such as marital status, sexual orientation or persecution.

Couples who cannot live together

A person who has been in a conjugal relationship for at least one year but cannot live with their partner because of persecution or any form of penal control is treated as a common-law partner (IRPR s. 1(2)).

Two limits matter for married couples. IRCC does not recognize a marriage where one or both spouses were not physically present at the ceremony, such as a proxy, telephone or internet marriage, with a narrow exception for members of the Canadian Forces (IRPR s. 117(9)(c.1)). And a conjugal partner must be at least 18 (IRPR s. 117(9)(a)).

What the checklist asks for

The sponsor and the person being sponsored both complete and sign the Relationship Information and Sponsorship Evaluation form (IMM 5532). It covers the relationship itself, visits and contact, and the sponsor's employment and address history. Answer every question and make sure your answers match each other and your other documents.

The spouse document checklist (IMM 5533) then sets out the supporting evidence:

Marriage certificate. It must show that the marriage is legally registered. A record of solemnization or a marriage licence is not accepted on its own.
Previous relationships. A divorce certificate, annulment or death certificate for any earlier marriage of either partner.
If you do not live together: proof of contact such as messages, emails or social media, up to 10 pages with the application, and proof of the sponsor's visits, such as boarding passes or passport entry and exit stamps. If the sponsor has not visited, the reason goes in Part C, question 4 of the IMM 5532.
If you live together: at least two kinds of proof of a shared address, such as a lease or property in both names, a joint bill or account, or government documents for each of you at the same address.
Children together: a birth certificate for each child naming both parents.

The checklist says that if you live together, have a child together, it is the first marriage for both of you and you have been married for at least two years, no further proof is needed at this stage. Otherwise, it asks for up to 20 photos taken at different times and places, with a short description of each, plus at least two of the following: documents showing you are recognized as spouses (for example on employment or insurance benefits), proof of financial support or shared expenses, proof that friends and family recognize the relationship, and proof of past cohabitation.

When one partner lives in Iran

Many sponsors in Canada have a spouse in Iran and have spent long periods apart. That is not a problem in itself, but it changes what the file has to show.

Time apart. Explain the gaps honestly in the IMM 5532: why the sponsor could not travel, or why visits were short. Support visits with stamps and boarding passes rather than a general statement.
Wedding and ceremony photos. If the religious ceremony (aghd) and the wedding celebration took place on different dates, say so and date each photo. Choose photos that show different occasions and family members, not twenty pictures from one evening.
Communication records. With a 10-page limit at the application stage, pick samples spread across the whole relationship rather than one busy month. Make sure dates and names are visible.
Marriage documents. Provide the official registered marriage certificate. Any document not in English or French needs a translation, and an affidavit from the translator unless the translator is certified. IRCC does not accept translations done by the applicant or a family member.
Declare every family member. IRCC requires all family members to be declared, with no exceptions. A family member left off the application cannot be sponsored later.

Interviews and follow-up requests

After the application is submitted, IRCC may ask for more documents and give a deadline to send them. The person being sponsored may also be asked to attend an in-person interview. If so, IRCC sends written notice with the date, time, place and the documents to bring.

According to IRCC's guide, an officer may ask about the relationship with the sponsor, education, plans, family, health, finances and past legal issues. The answers are compared with what the forms say, so both partners should know the history of their own relationship and what was written in the application.

The bad-faith test in section 4

Under IRPR s. 4(1), a person is not considered a spouse, common-law partner or conjugal partner if the relationship (a) was entered into primarily for the purpose of acquiring status or a privilege under immigration law, or (b) is not genuine. The two parts are separate: failing either one is enough for a refusal.

That means a relationship can be real today and still be refused if the officer finds that its main purpose at the start was immigration. Section 4.1 adds a related rule for couples who ended a relationship and then began a new one with the same person, if the earlier relationship was dissolved primarily to obtain status.

In practice, evidence that the relationship developed over time, that families know about it, and that the couple has real plans together is what answers both parts of the test.

Inland or outland, in brief

	In-Canada class	Family class (outland)
Who	A spouse or common-law partner who lives with the sponsor in Canada and has temporary resident status (IRPR s. 124)	A spouse, common-law partner or conjugal partner, usually living outside Canada
Conjugal partners	Not eligible	Eligible
Travel	Leaving Canada can end visitor, student or worker status, and re-entry is not guaranteed	No requirement to be in Canada
Work	An open work permit may be available while the application is in process	Not applicable while abroad

Both are submitted together with the sponsorship through IRCC's Permanent Residence Portal. IRCC lists the program as open and does not give a fixed processing time.

General information only. This article is not legal advice. Immigration rules and program instructions can change, and the result depends on the facts of each case.

Spousal sponsorship: proving the relationship is genuine.