Regulation 124 — Spousal and common-law partners — requirements
Text of provision
A foreign national is a member of the spouse or common-law partner in Canada class if they
(a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
(b) have temporary resident status in Canada; and
(c) are the subject of a sponsorship application.
Plain English
Regulation 124 provides the eligibility criteria for the sponsored spouse or common-law partner. The key requirements are: (a) the marriage or common-law relationship must be genuine and not entered into primarily for immigration purposes; (b) neither party may be in an existing marriage with a third party; and (c) the parties must not have been sponsored as a spouse within the last five years (the bar on being sponsored twice as a spouse).
Practical effect
The genuineness requirement is the most contested issue in spousal sponsorships. IRCC examines the relationship through documents (photos, communications, financial evidence), interviews, and consistency of testimony. Officers are trained to identify red flags such as: large age gaps, short courtship periods before marriage, lack of common language, minimal face-to-face contact, and relationships formed through immigration consultants or matrimonial services. A finding that the relationship is not genuine results in refusal and is appealable to the IAD.