Gemstone Immigration

Inland (in-Canada) processing is for couples where the sponsored partner is already in Canada with valid temporary status. The sponsored partner can apply for a Spousal Open Work Permit (SOWP) while waiting, but generally must remain in Canada throughout processing, and there's no right of appeal to the Immigration Appeal Division if the application is refused. Outland processing is handled by the visa office serving the sponsored partner's country of residence (the partner can be in Canada or abroad). Outland offers a full right of appeal to the IAD if refused, and the partner can travel during processing without abandoning the application. For most couples, especially those where the relationship's genuineness might be challenged, outland is the safer choice because of the appeal rights. We assess the right path on a case-by-case basis.

In most cases, no. There is generally no Minimum Necessary Income requirement for sponsoring a spouse, common-law partner, conjugal partner, or dependent child. You sign a sponsorship undertaking but you don't need to prove a specific income level. One narrow exception applies: you must meet an income threshold if you're sponsoring a dependent child who has one or more dependent children of their own, or a spouse/partner whose dependent child has dependent children. In other words, the income rule kicks in when grandchildren are part of the application. The MNI requirement always applies when sponsoring parents and grandparents under the PGP. There it's calculated based on family size and the past 3 tax years (Notice of Assessment from CRA required).

Important 2026 update: As of January 1, 2026, IRCC is not accepting new permanent residence applications under the PGP. The 2025 intake (July 28 – October 9, 2025) issued 17,860 invitations, drawn entirely from the pool of "Interest to Sponsor" forms submitted back in 2020. About 54,000 forms remain in that pool, and IRCC has not opened a new "Interest to Sponsor" form for 2026. Historically, the PGP operated on a controlled annual intake — IRCC opened a window where Canadian citizens and PRs could submit an "Interest to Sponsor" form, then randomly invited a limited number to apply. Until IRCC announces a new intake, the Super Visa is the practical path for bringing parents and grandparents to Canada.

The Super Visa is a multiple-entry visitor visa specifically for parents and grandparents of Canadian citizens and PRs. It allows stays of up to 5 years per entry, with multiple entries valid for up to 10 years. It is not permanent residence — your parent or grandparent remains a visitor in Canada. The Super Visa is much more accessible than the PGP, especially right now: applications can be submitted any time, while the PGP is currently paused and not accepting new applicants in 2026. For most families this year, the Super Visa is the only realistic option.

Processing times vary by application type and the visa office handling the file. IRCC publishes regularly updated processing-time estimates on canada.ca. Both inland and outland spousal applications typically take many months from submission to final decision, and the time can stretch longer if officer requests, interviews, or additional medical or police certificates are needed. We can give you a realistic timeline estimate for your specific country of residence during a consultation.

For inland spousal sponsorship applicants (Spouse or Common-Law Partner in Canada Class — SCLPC), IRCC's public policy allows the sponsored partner to apply for a Spousal Open Work Permit (SOWP) once they receive their Acknowledgement of Receipt (AOR) letter for the PR application. The SOWP lets them work for almost any Canadian employer during processing. There is one narrow exception that allows the SOWP application to be filed before the AOR — when the partner's existing work permit, study permit, or temporary status will expire in two weeks or less and the SCLPC application has already been submitted. For outland applicants, work authorization depends on whether the sponsored partner is in Canada with another type of status. We can advise on the cleanest path during a consultation.

A sponsorship undertaking is a legally binding promise to financially support the sponsored person and their dependents — covering basic needs like food, shelter, clothing, and essential health care not covered by public insurance. It also requires you to repay any social assistance the sponsored person receives during the undertaking period. Undertaking lengths by category (outside Quebec): Spouse, common-law, or conjugal partner: 3 years from the day the sponsored person becomes a permanent resident Dependent child: typically 10 years (or until age 25, whichever comes first), depending on the child's age Parent or grandparent: 20 years If you live in Quebec, the undertaking lengths are different — for example, parents and grandparents is 10 years rather than 20 — because Quebec administers its own sponsorship undertakings under the Canada–Quebec Accord. The undertaking remains binding even if your circumstances change — divorce, separation, financial hardship, the sponsored person becoming a Canadian citizen, or you or the sponsored person moving to another province or country. This is a serious commitment to consider carefully before applying.

Yes. Canada recognizes same-sex marriages and same-sex common-law relationships for immigration purposes. The same eligibility rules and evidence standards apply regardless of the gender of the partners. For couples in countries where the relationship cannot be openly lived or registered, the conjugal partner category may apply. We have particular sensitivity to the documentation challenges these files involve.

Your options depend on the application type. Outland spousal, partner, and parent/grandparent refusals can usually be appealed to the Immigration Appeal Division (IAD), where new evidence can be presented and the decision reconsidered de novo. Inland refusals don't have IAD rights — your only recourse is judicial review at the Federal Court, which is more limited. You can also reapply, but a strong second attempt must directly address the reasons the first one was refused. We typically order GCMS notes to read the officer's actual reasoning before deciding which route to take.

No. No representative — licensed RCIC, lawyer, or otherwise — can guarantee approval of any IRCC application. All decisions are made by Immigration, Refugees and Citizenship Canada officers based on the merits of the file. What a licensed consultant can do is significantly improve the quality of your file: organizing relationship evidence into a coherent narrative, identifying gaps before submission, anticipating common officer concerns, and managing the documentation rigour these emotionally heavy files deserve.