If you are on maternity or parental leave, you can still legally sponsor your spouse for Canadian permanent residency. Immigration, Refugees and Citizenship Canada (IRCC) does not consider Employment Insurance (EI) maternity benefits as social assistance. You will still need to sign a 3-year financial undertaking to support your partner.
Understanding Spousal Sponsorship While on Leave in Canada
Starting a family is an incredibly joyful time, but dealing with immigration paperwork while caring for a newborn can feel overwhelming. 👶 Many Canadian citizens and permanent residents worry that stepping away from their jobs to take maternity or parental leave will ruin their chances of sponsoring their husband or wife. Fortunately, the federal government strongly supports family reunification and has clear rules designed to protect new parents.
A common myth is that you must have a massive income to sponsor a spouse. 📈 In reality, there is no Minimum Necessary Income (MNI) requirement for spousal sponsorship, provided you are not also sponsoring dependent children who have their own children. The primary rule is that you cannot be receiving social assistance (welfare) for reasons other than a disability. Since maternity and parental benefits are earned through your labour and paid out by Service Canada, they are entirely safe and acceptable for sponsors.
Step-by-Step Process in Canada for Sponsoring on Maternity Leave
Whether you live in a bustling city like Toronto or a quiet neighbourhood in Winnipeg, the spousal sponsorship process is handled federally by IRCC. 📝 If you are currently collecting EI maternity benefits, you will follow these specific steps to build a strong application.
Step 1: Confirming Your Financial Status
Before starting the paperwork, you must ensure you are not receiving any provincial welfare payments. 💰 You should download your most recent Notice of Assessment (NOA) from the Canada Revenue Agency (CRA) and print out your current EI benefit statements from your Service Canada account. These documents will prove your source of income to the immigration officer.
Step 2: Preparing the Sponsorship Forms
You and your spouse must complete several federal forms, most notably the Application to Sponsor (IMM 1344). 💻 On this form, you will declare your current employment status as being on maternity leave. It is highly recommended to include a letter from your Canadian employer stating that you are on an approved leave and confirming your expected return-to-work date, which reassures the officer of your financial stability.
Step 3: Signing the Financial Undertaking
As the sponsor, you are legally required to sign a binding agreement called an Undertaking. 🤝 This contract states that you will provide basic necessities (food, shelter, clothing) for your spouse for exactly three years from the day they become a permanent resident. Even if your EI benefits run out before you return to work, this legal obligation remains in full effect.
Step 4: Submitting via the IRCC PR Portal
Once all forms, marriage certificates, and financial proofs are gathered, you will upload the entire package to the Permanent Residence Portal. 📤 Ensure that all foreign documents are translated into English or French by a certified translator.
Comparing Acceptable vs. Unacceptable Income Sources
It is crucial to know what types of income are allowed when acting as a sponsor. Review this guide:
| Income Source | Allowed for Spousal Sponsorship? | Reasoning under IRCC Rules |
|---|---|---|
| EI Maternity / Parental Benefits | Yes | Earned benefit, not classified as social welfare. |
| Regular EI (Job Loss) | Yes | Earned benefit, though officers may ask how you will support the spouse. |
| Provincial Disability Benefits | Yes | Explicitly exempted under the Immigration and Refugee Protection Act. |
| Provincial Social Assistance (Welfare) | No | Strictly bars you from sponsoring anyone. |
How Much Does it Cost in Canada?
Applying for spousal sponsorship requires you to pay standard federal processing fees. 💲 As of 2026, the total government fee is typically $1,080 CAD (this includes the $75 sponsorship fee, $490 principal applicant fee, and the $515 Right of Permanent Residence Fee). Your spouse will also need to pay an $85 CAD biometrics fee. If you choose to hire an immigration lawyer from our directory to ensure everything goes smoothly while you focus on your baby, legal fees generally range from $2,500 to $5,000 CAD.
How Long Does the Process Take?
The standard processing time for a spousal sponsorship application (whether applying outland or inland) is approximately 10 to 12 months. ⏱️ If your spouse is already inside Canada, they may be eligible to apply for an Open Work Permit while the PR application is processing, which usually takes about 4 to 5 months to arrive.
Frequently Asked Questions (FAQ)
Do I need to show a minimum bank balance to sponsor my spouse?
No. IRCC does not require a specific bank balance or Minimum Necessary Income (MNI) for standard spousal sponsorships. You simply need to show that you are not on welfare and can generally support yourselves.
What if my spouse gets pregnant while the application is processing?
If your spouse becomes pregnant, you must update IRCC via a webform. However, pregnancy will not negatively impact the application. Once the baby is born, if born outside Canada, you may need to apply for their citizenship or add them to the PR application.
Can the sponsored spouse collect maternity EI?
Yes, once the spouse becomes a permanent resident or holds a valid work permit, and they accumulate the required 600 insurable hours of work in Canada, they are fully entitled to claim EI maternity benefits just like any other resident.
What happens to the undertaking if we divorce?
The 3-year undertaking is an unconditional contract. If your relationship ends in separation or divorce, you remain financially responsible for your sponsored spouse for the remainder of the 3-year period. If they go on provincial welfare, you will have to repay the government.
Leave a Reply