Relocating to Canada through marriage is a common pathway for those who are married to or in a committed relationship with a Canadian citizen or permanent resident. So yes, you dont even need to have married a Canadian citizen yet before using this path. The process involves several steps, including obtaining the appropriate visa, meeting eligibility requirements, and navigating the application process. This comprehensive guide will walk you through everything you need to know to successfully relocate to Canada through marriage.
Understanding Spousal Sponsorship
Spousal sponsorship is a program that allows Canadian citizens and permanent residents to sponsor their foreign spouse or common-law partner for permanent residency in Canada. This process is overseen by Immigration, Refugees, and Citizenship Canada (IRCC) and is designed to keep families together while ensuring that all applicants meet the necessary legal and financial requirements.
Key Points:
- The sponsor must be a Canadian citizen or permanent resident.
- The relationship must be genuine and not solely for immigration purposes.
- The sponsored spouse can live, work, and study in Canada once they obtain permanent residency.
Eligibility Requirements
To be eligible for spousal sponsorship, both the sponsor and the sponsored person must meet certain criteria.
Sponsor Requirements:
- Must be a Canadian citizen or permanent resident.
- Must be at least 18 years old.
- Must not be receiving social assistance (except for disability).
- Must demonstrate the ability to provide financial support for the sponsored spouse.
- Must not have been sponsored as a spouse within the last five years.
Sponsored Person Requirements:
- Must be at least 18 years old.
- Must be legally married to or in a common-law relationship with the sponsor.
- Must not have a criminal record or be inadmissible to Canada for security or medical reasons.
Types of Sponsorship
There are two main types of spousal sponsorship: Inland Sponsorship and Outland Sponsorship. The type of sponsorship you choose depends on where you and your spouse are currently living.
Inland Sponsorship
Inland Sponsorship is for couples who are both residing in Canada. The sponsored spouse can apply for an open work permit while their application is being processed, allowing them to work legally in Canada during the wait time.
- Advantages: The sponsored spouse can live and work in Canada during the application process.
- Disadvantages: The sponsored spouse must remain in Canada while the application is being processed.
Outland Sponsorship
Outland Sponsorship is for couples where the sponsored spouse lives outside Canada. This process is generally quicker than Inland Sponsorship, but the sponsored spouse cannot work in Canada until they receive their permanent residency.
- Advantages: The sponsored spouse can continue to live in their home country while the application is processed.
- Disadvantages: The sponsored spouse may face delays in re-entering Canada if the application is still pending.
The Application Process
The application process for spousal sponsorship involves several steps. It’s important to carefully follow these steps to avoid delays or complications.
Step 1: Gather Required Documents
Before starting your application, gather all necessary documents. These include:
- Proof of Relationship: Marriage certificate, photos, communication records.
- Identity Documents: Passports, birth certificates.
- Financial Documents: Proof of income, tax returns, bank statements.
- Background Documents: Police certificates, medical exams.
Step 2: Complete the Application Forms
You and your spouse will need to complete several forms, including:
- IMM 5289: Sponsorship Agreement.
- IMM 1344: Application to Sponsor.
- IMM 0008: Generic Application Form for Canada.
- IMM 5406: Additional Family Information.
Ensure that all forms are filled out accurately and completely.
Step 3: Submit Your Application
Once your application is complete, submit it to the IRCC along with the required fees. You can submit your application either online or by mail. Include all supporting documents to avoid delays.
Step 4: Wait for Processing
Processing times vary depending on the type of sponsorship and where you submit your application. Inland applications may take longer, while Outland applications might be processed more quickly. During this time, the IRCC may request additional information or documents.
Required Documentation
The documentation required for spousal sponsorship is crucial to the success of your application. Here’s a checklist of essential documents:
For the Sponsor:
- Proof of Canadian citizenship or permanent residency.
- Proof of financial capability to support the spouse.
- Previous tax returns and Notice of Assessments.
- Sponsorship application forms.
For the Sponsored Person:
- Passport and birth certificate.
- Marriage certificate or proof of common-law relationship.
- Police certificates from countries where the person has lived.
- Medical examination results.
Proof of Relationship:
- Photos of the couple together.
- Communication records (emails, chats, phone logs).
- Evidence of shared finances (joint bank accounts, lease agreements).
- Letters of support from friends and family.
Processing Times and Fees
Processing Times:
- Inland Sponsorship: Typically 12-18 months.
- Outland Sponsorship: Typically 9-12 months.
Fees:
- Sponsorship Fee: CAD 75
- Principal Applicant Processing Fee: CAD 490
- Right of Permanent Residence Fee: CAD 515
- Biometrics Fee: CAD 85 per person
Ensure that you pay all fees when submitting your application to avoid delays.
What to Expect After Applying
After submitting your application, the following steps will occur:
- Acknowledgment of Receipt (AOR): The IRCC will send an AOR, confirming they have received your application.
- Processing: The IRCC will review your application, which may involve background checks, medical exams, and interviews.
- Decision: If your application is approved, the sponsored spouse will receive a Confirmation of Permanent Residence (COPR) document.
Once the sponsored spouse arrives in Canada, they will be issued a Permanent Resident (PR) card.
Common Challenges and Tips for Success
Common Challenges:
- Incomplete Documentation: Missing or incorrect documents can delay your application.
- Insufficient Proof of Relationship: Failing to provide enough evidence of a genuine relationship can lead to application rejection.
- Financial Inadequacy: The sponsor must demonstrate the ability to financially support the spouse.
Tips for Success:
- Prepare Thoroughly: Gather all required documents well in advance.
- Double-Check Your Application: Ensure all forms are correctly filled out and all documents are included.
- Seek Professional Help: Consider consulting with an immigration lawyer or consultant to guide you through the process.
Maintaining Your Permanent Resident Status
Once you obtain permanent residency, it’s important to maintain your status by:
- Living in Canada: You must be physically present in Canada for at least 730 days (2 years) within a 5-year period.
- Filing Taxes: Continue to file Canadian taxes and comply with tax laws.
- Renewing Your PR Card: Keep your PR card up-to-date, renewing it every five years.
Pathway to Canadian Citizenship
After maintaining permanent residency for at least three years (1,095 days) within a five-year period, you may be eligible to apply for Canadian citizenship. This requires:
- Passing a citizenship test.
- Demonstrating proficiency in English or French.
- Taking an oath of citizenship.
Becoming a Canadian citizen grants you the right to vote, apply for a Canadian passport, and enjoy the full rights and privileges of Canadian nationals.
Conclusion
Relocating to Canada through marriage is a structured process that, with careful planning and attention to detail, can lead to a successful application for permanent residency. By following the steps outlined in this guide, gathering the necessary documents, and understanding the requirements, you can navigate the spousal sponsorship process with confidence.
Remember, while the process can be lengthy and complex, the reward of reuniting with your spouse in Canada is well worth the effort. Take the time to prepare thoroughly, seek professional advice if needed, and soon you could be starting a new life together in Canada.