You can sponsor a spouse who is currently waiting for a refugee hearing in Canada. However, you should generally apply through the Inland Spousal Sponsorship stream and avoid withdrawing the refugee claim until Immigration, Refugees and Citizenship Canada (IRCC) grants “Approval in Principle” for the sponsorship.
Understanding Dual Intent and Pending Refugee Claims
Meeting and marrying someone while they are navigating Canada’s asylum system is a common occurrence in major cities like Toronto, Montreal, and Vancouver. If your partner has filed a refugee claim and is awaiting a hearing with the Immigration and Refugee Board (IRB), they legally possess temporary status as a refugee claimant. Canadian immigration law allows for “dual intent,” meaning your spouse can simultaneously maintain their refugee claim while applying for permanent residence through spousal sponsorship.
A critical mistake many couples make is immediately withdrawing the refugee claim as soon as they get married. 🚨 If you withdraw the asylum claim prematurely and your spousal sponsorship application is refused or returned for being incomplete, your spouse will lose their protected status. This triggers an immediate removal order from the Canada Border Services Agency (CBSA). It is highly recommended to consult with a Canadian immigration lawyer from our directory to manage this delicate overlap.
By filing an Inland Spousal Sponsorship (Spouse or Common-Law Partner in Canada Class), your partner can remain safely in Canada with you during the processing period. This pathway allows them to transition from a refugee claimant to a sponsored permanent resident without having to return to a dangerous home country.
Step-by-Step Process in Canada
Managing two major immigration files at once requires careful coordination. Follow these steps to safeguard your spouse’s status while pursuing permanent residency.
Step 1: Get Legally Married or Establish Common-Law
Before you can sponsor your partner, you must be legally married or qualify as common-law partners. 💍 To be common-law in Canada, you must have lived together continuously for at least 12 months. Keep strong evidence of your relationship, such as joint bank accounts and shared residential leases.
Step 2: File the Inland Spousal Sponsorship Application
You must submit a complete Inland Spousal Sponsorship application to IRCC. Crucially, on the forms, you must disclose that your spouse is currently a refugee claimant and provide their Unique Client Identifier (UCI) and refugee file number. Transparency is mandatory; hiding an asylum claim is considered misrepresentation.
Step 3: Keep the Refugee Claim Active
Do not cancel the IRB hearing yet. ⏱ Your spouse must continue to comply with all IRB and CBSA requirements, including attending hearings or renewing their Refugee Protection Claimant Document. If the IRB grants them refugee status before the spousal sponsorship is finished, they can choose to become a PR as a protected person instead.
Step 4: Wait for Approval in Principle (AIP)
After several months, IRCC will review the sponsorship file. If the relationship is deemed genuine, they will issue an “Approval in Principle” (AIP) letter. This letter essentially confirms that the sponsorship will be approved, pending final security and medical checks.
Step 5: Withdraw the Refugee Claim (With Legal Advice)
Once you have received AIP and are certain the spousal sponsorship will succeed, your lawyer will formally advise the IRB to withdraw the refugee claim. 📝 Withdrawing at this safe stage ensures that even if the refugee claim is closed, your spouse’s path to permanent residency is legally secured.
Comparing the Two Pathways
Understanding how the refugee system and spousal sponsorship interact is vital for your partner’s safety.
| Feature | Refugee Claim | Inland Spousal Sponsorship |
|---|---|---|
| Basis of Approval | Fear of persecution or danger in the home country. | Genuine relationship with a Canadian citizen or PR. |
| Travel Outside Canada | Strictly prohibited (can result in status cancellation). | Highly discouraged (if denied entry, the application is abandoned). |
| Work Authorization | Eligible for a claimant work permit. | Eligible for a Spousal Open Work Permit. |
How Much Does it Cost in Canada?
Applying for spousal sponsorship involves federal processing fees. Here are the standard costs in Canadian dollars (CAD).
- Sponsorship Fee: $75 CAD to evaluate you as the sponsor.
- Principal Applicant Processing Fee: $490 CAD for your spouse’s application.
- Right of Permanent Residence Fee (RPRF): $575 CAD (can be paid upfront or later).
- Biometrics Fee: $85 CAD (if your spouse has not already given biometrics for their refugee claim).
- Immigration Lawyer Fees: Handling a dual refugee-sponsorship case is highly complex. Legal representation typically costs between $3,500 and $6,000+ CAD.
How Long Does the Process Take?
Patience is required when dealing with federal immigration bodies. ⏱ Here is a realistic timeline.
- Inland Sponsorship Processing: IRCC’s standard processing time for an inland spousal application is roughly 10 to 12 months.
- Approval in Principle (AIP): You can generally expect to receive the AIP letter within 6 to 8 months of applying.
- Refugee Hearings: Depending on the IRB backlog, waiting for a refugee hearing can take anywhere from 1 to 3 years.
Frequently Asked Questions (FAQ)
What happens if the refugee claim is rejected before the sponsorship is approved?
If the refugee claim is rejected, your spouse will face a removal order. However, if a valid Inland Spousal Sponsorship application is already processing, you can request an administrative deferral of removal (a stay of deportation) from the CBSA until the sponsorship is finalized.
Can my spouse work while waiting for the sponsorship?
Yes. If they already hold a valid work permit as a refugee claimant, they can continue to work. Alternatively, they can apply for a Spousal Open Work Permit alongside their inland sponsorship application.
Can we leave Canada for our honeymoon?
No. Leaving Canada while holding a refugee claim or an inland spousal application is extremely risky. If your spouse leaves, they may be denied re-entry, which will completely cancel both the refugee claim and the inland sponsorship application.
Do we need to tell IRCC about the refugee claim?
Absolutely. Failing to declare the refugee claim on the spousal sponsorship forms is a severe offence called misrepresentation. IRCC shares databases with the IRB and CBSA and will immediately see the active claim.
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