Canada offers various pathways for foreign nationals to join their spouses or partners who are Canadian citizens or permanent residents. One of the most popular ways to immigrate to Canada is through the Canada Marriage Visa, also known as Spousal Sponsorship. This visa allows a Canadian citizen or permanent resident to sponsor their spouse, common-law partner, or conjugal partner to obtain permanent residency in Canada.
This article provides a detailed guide on the Canada Marriage Visa, including eligibility requirements, the application process, necessary documents, and what to expect throughout the sponsorship process.
What is the Canada Marriage Visa (Spousal Sponsorship)?
The Canada Marriage Visa is part of Canada’s Family Class Immigration program. It allows Canadian citizens or permanent residents to sponsor their foreign spouse, common-law partner, or conjugal partner for permanent residency. The goal is to reunite families by allowing spouses to live together in Canada.
There are two main categories for spousal sponsorship:
- Inland Sponsorship: For spouses or partners already living in Canada.
- Outland Sponsorship: For spouses or partners living outside of Canada.
Eligibility Requirements for Sponsorship
Both the sponsor (the Canadian citizen or permanent resident) and the sponsored person (the foreign spouse or partner) must meet specific eligibility criteria to qualify for the Canada Marriage Visa.
1. Eligibility Requirements for the Sponsor:
To sponsor your spouse or partner, you must:
- Be a Canadian citizen or permanent resident of Canada.
- Be at least 18 years old.
- Reside in Canada or, if you are a Canadian citizen living abroad, intend to live in Canada once your spouse or partner is granted permanent residency.
- Be able to financially support your spouse or partner for the duration of the sponsorship period, which is typically three years from the date they become a permanent resident.
- Not be receiving social assistance (except for disability-related reasons).
- Not have been convicted of any serious criminal offenses or failed to comply with previous sponsorship obligations.
2. Eligibility Requirements for the Sponsored Person:
The person being sponsored must:
- Be at least 18 years old.
- Be legally married to the sponsor or in a common-law or conjugal relationship.
- Pass medical, criminal, and background checks.
Types of Relationships Eligible for Sponsorship
Canada recognizes three types of relationships for spousal sponsorship:
1. Spouse:
- A legally married partner, whether the marriage took place in Canada or another country, as long as the marriage is legally valid in the country where it was performed and under Canadian law.
2. Common-Law Partner:
- A partner who has lived with the sponsor in a conjugal relationship for at least 12 consecutive months without any prolonged periods of separation.
- The relationship must be continuous and supported by evidence of shared responsibilities, such as joint leases, bank accounts, and utility bills.
3. Conjugal Partner:
- A partner in a relationship where marriage or cohabitation has not been possible due to exceptional circumstances, such as immigration barriers or cultural, religious, or legal reasons.
- The relationship must still demonstrate the same commitment as a marriage or common-law partnership, and the partners must have been in a genuine, committed relationship for at least one year.
Inland vs. Outland Sponsorship
1. Inland Sponsorship:
- Applies when the spouse or partner is already living in Canada as a temporary resident (e.g., on a work or study permit).
- The sponsored person can apply for an open work permit during the process, allowing them to work while their sponsorship application is being processed.
- It’s important to note that the sponsored person must remain in Canada during the application process.
2. Outland Sponsorship:
- Applies when the spouse or partner is living outside Canada.
- This option is generally faster than inland sponsorship and allows the sponsored person to travel in and out of Canada while the application is being processed.
- However, the sponsored person must maintain their legal status if they wish to visit Canada during the application process (e.g., by obtaining a visitor visa).
Application Process for the Canada Marriage Visa
The spousal sponsorship process consists of two main parts:
- Sponsorship Application: The sponsor must apply to become an eligible sponsor.
- Permanent Residency Application: The spouse or partner must apply for permanent residency.
Step-by-Step Process:
1. Obtain the Application Package:
- The application package for spousal sponsorship is available on the Immigration, Refugees, and Citizenship Canada (IRCC) website. It contains both the sponsorship and permanent residence applications.
2. Complete the Application Forms:
- Fill out the forms included in the package. The sponsor and the sponsored spouse or partner will each have forms to complete.
3. Gather Supporting Documents:
You must submit various documents to prove the authenticity of your relationship and support the application. These include:
- Proof of relationship: Marriage certificate, proof of cohabitation, photos, emails, letters, etc.
- Identification documents: Passports, birth certificates, national IDs.
- Proof of sponsor’s financial ability: Employment records, tax returns, bank statements.
- Medical examination: The sponsored person must undergo a medical exam by an IRCC-approved physician.
- Police certificates: The sponsored person must provide police clearance certificates from all countries where they’ve lived for more than six months since the age of 18.
4. Pay the Application Fees:
Fees include:
- Sponsorship fee: For the sponsor to sponsor their spouse or partner.
- Processing fee: For the permanent residence application.
- Right of Permanent Residence Fee (RPRF): Paid by the sponsored person before the visa is issued.
5. Submit the Application:
Once the forms and supporting documents are complete, submit the entire application package to IRCC via mail or online (for certain cases). Double-check all information and documents to avoid delays.
6. Wait for Approval:
IRCC will review the application, which may take several months. You may be asked to provide additional information or attend an interview. You can check the application’s status through IRCC’s online portal.
Processing Times
The processing time for spousal sponsorship applications varies depending on the location of the sponsored person and other factors. As of 2024, typical processing times are:
- Inland Sponsorship: 12 to 18 months.
- Outland Sponsorship: 9 to 12 months (but can vary based on the country of residence).
What to Expect After Submission
1. Application Review:
Once IRCC receives your application, they will confirm its completeness and start processing it. Both the sponsor and the sponsored person will receive notifications about the status.
2. Biometrics and Medical Exam:
The sponsored person will likely be required to submit biometrics (fingerprints and a photo) and may be asked to undergo a medical exam.
3. Decision:
IRCC will either approve or refuse the sponsorship application. If approved, the sponsored person will receive their permanent residency and, in most cases, a Confirmation of Permanent Residence (COPR) document.
After Approval: Becoming a Permanent Resident
Once the sponsorship application is approved, the sponsored person will become a permanent resident of Canada. This grants them several rights, including the ability to:
- Live, work, and study anywhere in Canada.
- Access Canada’s healthcare system and social benefits.
- Apply for Canadian citizenship after fulfilling the residency requirements (typically after three years).
Sponsorship Obligations and Responsibilities
As a sponsor, you must commit to financially supporting your spouse or partner for a specific period. This sponsorship obligation is legally binding, and failure to meet it may result in legal consequences.
- Sponsorship Duration: You must provide financial support for three years from the date your spouse or partner becomes a permanent resident.
- If your relationship ends before this period, you are still responsible for supporting your spouse.
Common Reasons for Application Refusal
While the Canada Marriage Visa process is straightforward, some applications are refused for the following reasons:
- Incomplete or inaccurate information.
- Lack of sufficient evidence of the relationship’s authenticity.
- Criminal records or inadmissibility of the sponsored person.
- Financial ineligibility of the sponsor.
- Marriage fraud: If IRCC suspects that the marriage or relationship is not genuine, they may refuse the application. This is why providing strong evidence of your relationship is crucial.
Conclusion
The Canada Marriage Visa is an excellent opportunity for Canadian citizens and permanent residents to reunite with their foreign spouses or partners. Although the process can be time-consuming, understanding the requirements and providing accurate, detailed information increases your chances of success.
By gathering the necessary documents, providing ample proof of your relationship, and following the application steps carefully, you can help ensure a smooth transition to permanent residency for your spouse or partner.