Migrating to Canada through marriage to a Canadian citizen or permanent resident is one of the pathways to becoming a permanent resident of Canada. This process falls under the Family Sponsorship Program, specifically the spousal sponsorship category. The process is straightforward but involves several steps, requirements, and legal obligations to ensure the marriage is genuine and not solely for immigration purposes. Below is a detailed guide on how to migrate to Canada through marriage to a Canadian citizen or permanent resident:
1. Understanding Spousal Sponsorship
Under Canada’s Family Class Sponsorship Program, Canadian citizens and permanent residents can sponsor their spouses, common-law partners, or conjugal partners for permanent residency in Canada. The Canadian government prioritizes family reunification, making this an important immigration pathway.
Who Can Sponsor?
To sponsor a spouse for Canadian immigration, the sponsor must:
- Be a Canadian citizen or permanent resident.
- Be at least 18 years old.
- Not be in prison, bankrupt, under a removal order (if a permanent resident), or charged with serious offenses.
- Be able to prove that they can financially support the spouse (though financial proof is not always a strict requirement for spousal sponsorship).
- Not have sponsored another spouse in the last five years or be in default of a previous sponsorship undertaking.
Who Can Be Sponsored?
The individual being sponsored (spouse) must:
- Be at least 18 years old.
- Be legally married to the sponsor (for spousal sponsorship).
- Be in a genuine marriage, not entered into primarily for immigration purposes.
2. Types of Spousal Sponsorship
There are two primary types of spousal sponsorship applications:
a) Inland Sponsorship
- For couples already living together in Canada.
- The spouse being sponsored can apply for an Open Work Permit while their permanent residency application is being processed.
- Both the sponsor and the applicant must be physically present in Canada during the application process.
- Key benefit: The spouse can remain in Canada and work while awaiting permanent residency.
b) Outland Sponsorship
- For couples where the sponsored spouse lives outside Canada.
- The application is processed by the visa office in the spouse’s country of residence.
- The spouse can live outside of Canada while the application is being processed but can visit Canada (if eligible for a visitor visa).
- Key benefit: The sponsored spouse can continue to live in their home country while awaiting approval.
Both types of sponsorship have their own benefits, and the choice depends on the couple’s circumstances.
3. Eligibility Requirements
For the Sponsor:
- Age and Status: The sponsor must be a Canadian citizen or permanent resident, at least 18 years old, and residing in Canada. If the sponsor is a Canadian citizen living abroad, they must show intent to live in Canada once the spouse’s PR application is approved.
- No Recent Sponsorships: If the sponsor has previously sponsored a spouse or partner, they cannot sponsor another spouse for a period of five years from when the first spouse received their PR.
- Support Commitment: The sponsor must sign an undertaking to support the sponsored spouse financially for a minimum of 3 years after the spouse becomes a permanent resident.
For the Sponsored Spouse:
- Age Requirement: The sponsored spouse must be at least 18 years old.
- Marriage Validity: The marriage must be legally recognized in the country where it took place and under Canadian law. If the marriage took place outside of Canada, a legal marriage certificate must be provided.
- Genuine Relationship: The couple must prove that the marriage is genuine and not entered into for the purpose of gaining immigration benefits.
4. Steps to Sponsoring a Spouse
Step 1: Ensure Eligibility
Both the sponsor and the sponsored spouse must meet the eligibility criteria. This includes proving that the relationship is legitimate, not just for immigration purposes.
Step 2: Gather Necessary Documents
You’ll need to collect various documents to support your application. These documents include:
- Proof of relationship: Marriage certificate, photos, communication logs (texts, emails, call logs), joint bank accounts, shared bills, leases, etc.
- Proof of Canadian citizenship or permanent residency (for the sponsor).
- Identity documents for both parties (passport, birth certificates).
- Police certificates from any country where the sponsored spouse has lived for more than six months since turning 18.
- Medical exam for the sponsored spouse.
Step 3: Submit the Sponsorship Application
Once all the documents are gathered, the next step is to submit the sponsorship application to Immigration, Refugees, and Citizenship Canada (IRCC). The application package consists of two parts:
- The sponsorship application (submitted by the sponsor).
- The permanent residence application (submitted by the spouse being sponsored).
Both applications must be submitted together to the IRCC.
Step 4: Pay Application Fees
Fees for spousal sponsorship include:
- Sponsorship fee: CAD 75
- Principal applicant processing fee: CAD 490
- Right of Permanent Residence Fee (RPRF): CAD 515
- Biometrics fee: CAD 85
The total comes to approximately CAD 1,135. Additional fees apply if dependents or children are included.
Step 5: Wait for Processing
The processing time for spousal sponsorship applications can range from 12 to 24 months, depending on the type of application (inland or outland) and the country of residence of the sponsored spouse.
Step 6: Undergo Medical Exam and Biometrics
The sponsored spouse will be required to undergo a medical exam with an IRCC-approved physician and provide biometrics (fingerprints and a photo). These steps are required to ensure the spouse is admissible to Canada.
Step 7: Respond to IRCC Requests
During the processing of the application, the IRCC may request additional information or documentation. It’s crucial to respond to these requests promptly.
5. Proof of Genuine Relationship
To avoid the risk of refusal, you must demonstrate that your marriage is genuine. Some ways to prove a genuine relationship include:
- Photos: Provide pictures of your wedding, family gatherings, vacations, etc.
- Communication Records: Provide chat logs, emails, phone call records, and social media interactions that show consistent communication.
- Financial Ties: Joint bank accounts, shared property, or lease agreements.
- Affidavits: Written statements from family and friends attesting to the authenticity of the relationship.
- Travel History: Provide evidence of visits to each other’s countries if applicable.
6. Post-Approval: Becoming a Permanent Resident
Once your application is approved:
- If you are applying outland, you’ll receive a Confirmation of Permanent Residence (COPR), allowing you to enter Canada and finalize your status.
- If applying inland, the sponsored spouse will attend an interview or appointment where the permanent residency will be granted.
The sponsor is responsible for financially supporting the spouse for three years after PR approval. During this time, the sponsored spouse is expected to establish themselves in Canada.
7. Challenges and Potential Issues
Marriage of Convenience:
The Canadian government is vigilant about detecting marriages of convenience, where the primary purpose is immigration rather than a genuine relationship. If the relationship appears suspicious, IRCC may require an interview to further scrutinize the marriage.
Processing Delays:
IRCC processing times can be long due to the high volume of applications, or additional document requests can delay the application.
Inland vs. Outland Sponsorship:
Inland sponsorship allows the spouse to stay in Canada but has longer processing times compared to outland. Outland applications, however, may require the couple to live apart for a time.
Conclusion
Sponsoring a spouse to migrate to Canada is one of the more straightforward family-based immigration pathways, especially if the marriage is genuine and the couple meets all eligibility requirements. While the process can take time, being prepared with the necessary documents, meeting eligibility criteria, and proving the legitimacy of the relationship will ensure the application proceeds smoothly.
For the best results, consider seeking professional guidance, such as an immigration consultant or lawyer, especially if you encounter complexities during the application.
