Determining who you can sponsor

You and the person you want to sponsor must comply with the requirements of the Family Reunification Program for spouses, de facto spouses and conjugal partners.

Your wife or husband may be of the same sex or a different sex than you.

A person cannot be considered your wife or husband if:

• At the time of your marriage, this person was the wife or husband of another person;
• You were, at the time of your marriage to the person you wish to sponsor, the wife or husband of another person;
• You have been living apart from this person for at least a year and:
  • This person is the spouse, common-law partner or conjugal partner of another person;
  • You are the spouse, common-law partner or conjugal partner of another person;
• You have a sponsorship commitment that has not yet ended with another spouse, common-law partner or conjugal partner.

Your de facto spouse:

• May be of the same sex or a different sex than you;
• Must have been living in union with you for at least one year, or living in a relationship with you for at least one year, but cannot live with you because she or he is persecuted or subject to penal control.

Your conjugal partner:

• May be of the same sex or a different sex than you;
• Must have maintained a union with you for at least one year;
• Must live outside of Canada.

Your wife or husband, spouse or conjugal partner may be accompanied by:

• Dependent child or children;
• The dependent child of his or her dependent child.

A dependent child may be:

• The biological child of the person you sponsor;
• The adopted child by full adoption of the person you sponsor Full adoption severs the parental relationship between the child and the family of origin. It creates a new relationship with the adoptive parent. 

A child who is under 22 years old may not be married or have a de facto spouse.

Children age 22 or over must fulfill these two conditions:

• Be unable to meet their needs due to a physical or mental disability, at least since the date of their 22^nd birthday, and;
• Depend on one of their parents for their essential financial support.

You must include the family members who accompany the sponsored person in your undertaking application.