This is one of the most common and important ways to bring families together in Canada. The process involves a Canadian citizen or permanent resident sponsoring their spouse, common-law partner, or conjugal partner for Permanent Residence (PR).
What is Spousal Sponsorship?
Spousal sponsorship is an immigration stream under the Family Class category. The purpose is to reunite immediate family members. Unlike other economic immigration programs, this process is generally not points-based, but rather focuses on verifying the genuine nature of the relationship and ensuring the sponsor can financially support the sponsored person. Canada’s spousal sponsorship program is designed to reunite Canadian citizens and permanent residents with their partners from abroad. This guide will walk you through the eligibility criteria, application process, and required documents for a successful spousal sponsorship.
Here is a detailed guide to understanding the requirements, pathways, and steps involved in spousal sponsorship.
The Canada Marriage Visa allows Canadian citizens and permanent residents to sponsor their foreign spouses for permanent residence in Canada. The primary purpose of this visa is to enable couples to live together in Canada, ensuring that the relationship is genuine and not entered into solely for immigration purposes.
Benefits of the Canada Marriage Visa
RIGHTS AND PRIVILEGES
With a marriage visa, the sponsored spouse can live, work, and study anywhere in Canada, enjoying most of the same rights as Canadian citizens.
PATHWAY TO PERMANENT RESIDENCY
One of the significant advantages of the marriage visa is that it provides a direct pathway to permanent residency, which can eventually lead to Canadian citizenship.
To be eligible for a marriage visa, you must:* Be legally married to a Canadian citizen or permanent resident
* Have a genuine relationship with your spouse
* Intend to live in Canada together
* Meet the minimum income requirements
For the application to be successful, both the sponsor and the person being sponsored must meet specific criteria set by Immigration, Refugees and Citizenship Canada (IRCC).
The Sponsor Must:
- Be a Canadian Citizen or Permanent Resident (PR): If you are a Canadian Citizen, you can sponsor your partner even if you live outside Canada, but you must prove you intend to live in Canada once your partner receives PR status. If you are a PR, you must reside in Canada throughout the entire application process.
- Be at least 18 years old.
- Prove Financial Capacity: The sponsor generally does not need to meet the Minimum Necessary Income (MNI) requirement, unless the sponsored person has dependent children and the sponsor also has previously sponsored another person. However, you must sign an Undertaking promising to provide financial support for your spouse for three years after they become a PR.
- Not be Inadmissible: You must not be receiving social assistance (other than for a disability), be in jail, or have certain unfulfilled immigration obligations (like previous sponsorship defaults).
The Sponsored Person Must:
- Be at least 18 years old.
- Be a Spouse, Common-Law Partner, or Conjugal Partner:
- Spouse: Legally married (the marriage must be legally valid in Canada and where it took place).
- Common-Law Partner: Not legally married, but have cohabited (lived together) in a conjugal relationship for at least 12 continuous months.
- Conjugal Partner: Not legally married and have not cohabited, but have been in a committed, conjugal relationship for at least one year. This category is typically reserved for exceptional circumstances (e.g., severe legal or religious barriers preventing marriage or cohabitation).
- Pass all background, security, and medical checks.
- Not be Inadmissible: Must not be inadmissible to Canada for criminal, security, or health reasons.
Documents Required
The application for a marriage visa requires the submission of various documents, including:
* Marriage certificate
* Passports and proof of citizenship or permanent residency
* Proof of income
* Police clearance certificates
* Medical examination.
Step-by-Step Guide
Collect all necessary documents, including proof of identity, relationship, and financial stability.STEP 2: COMPLETE APPLICATION FORMS
Fill out the required forms accurately and completely. Any errors or omissions can lead to delays or rejection.STEP 3: SUBMIT THE APPLICATION
Submit your application package to Immigration, Refugees, and Citizenship Canada (IRCC) either online or by mail.
Steps Involved
The process for obtaining a marriage visa can be divided into the following steps:
1. Marriage
The first step is to legally marry a Canadian citizen or permanent resident. The marriage must be recognized by both Canada and your home country.
2. Sponsorship Application.
Your spouse must apply to sponsor you for permanent residency in Canada. They will need to submit the necessary documents and pay the application fee.
3. Application.
Once your spouse’s sponsorship application is approved, you can apply for a marriage visa. You will need to submit your documents and pay the application fee.
4. Background Check
The Canadian government will conduct a background check on you to ensure that you are not inadmissible to Canada.
5. Interview and Medical Exam
You may be required to attend an interview and undergo a medical examination as part of the application process.
6. Decision
Once the background check and other requirements have been met, an immigration officer will decide on your application. If approved, you will be issued a marriage visa.
Income Requirements
The minimum income requirements for sponsoring a spouse vary depending on the number of dependents. The following are the income thresholds for 2023:
* One dependent: $36,058
* Two dependents: $42,781
* Three dependents: $49,504
Timeline
The processing time for a marriage visa can vary depending on several factors, including the workload of the Immigration, Refugees and Citizenship Canada (IRCC) and the country of origin of the applicant. The average processing time is around 12-18 months.
Organizing Your Documents
Create a comprehensive checklist of all required documents to ensure nothing is missed.DOUBLE-CHECKING INFORMATION
Review all forms and documents for accuracy before submission to avoid delays or rejections.Seeking Professional Help.
IMMIGRATION CONSULTANTS
Consider hiring an immigration consultant to guide you through the process and ensure your application is complete.LEGAL ADVISORS
Legal advisors can provide additional support, especially in complex cases or if facing rejections.Additional Considerations
Common-Law Relationships: If you are in a common-law relationship, you may be eligible to apply for a common-law partner visa.
Conditional Permanent Residency: In some cases, you may be granted conditional permanent residency if your marriage is less than two years old.
Rejection: If your application is rejected, you can appeal the decision or re-apply.