Are you planning to bring your spouse to Canada and start a new life together? Migrating to Canada through marriage is a common and celebrated pathway that underscores the country’s commitment to family reunification. This guide will walk you through the process, ensuring you have all the information needed to successfully navigate this journey.
Understanding Marriage-Based Immigration
Definition and Purpose
Marriage-based immigration, or spousal sponsorship, allows Canadian citizens and permanent residents to sponsor their foreign spouse for permanent residency in Canada. The primary aim is to keep families together and support the unity of loved ones.
Differences Between Marriage Visa and Spousal Sponsorship
While “marriage visa” is often used informally, the correct term is “spousal sponsorship.” This category includes not just married couples but also common-law and conjugal partners, making it a broader approach to family-based immigration.
Who Can Apply?
To sponsor your spouse, you must be a Canadian citizen or a permanent resident, at least 18 years old, and residing in Canada. Canadian citizens living abroad can also sponsor their spouse if they plan to return to Canada once the spouse’s permanent residency is granted.
Relationship Requirements
You need to prove that your marriage is genuine and not solely for immigration purposes. This includes providing a marriage certificate and additional proof like photos, joint bank accounts, and communication records.
Financial Requirements
Sponsors must demonstrate their ability to financially support their spouse, although there is no minimum income requirement for spousal sponsorship. You must show you can meet basic needs without relying on social assistance.
Types of Marriage Sponsorship
Inland Sponsorship
Inland sponsorship is for couples who are both in Canada. The sponsored spouse can apply for an open work permit, allowing them to work while the sponsorship application is processed, which can be beneficial for the family’s financial stability.
Outland Sponsorship
Outland sponsorship is for spouses living outside Canada. This process can be faster and allows the sponsored spouse to continue residing in their home country until their application is approved.
Required Documentation
Proof of Relationship
Essential documents include your marriage certificate, photos of your time together, joint bank account statements, and communication records to prove the authenticity of your relationship.
Financial Support Evidence
You’ll need to provide evidence of your financial status, such as pay stubs, tax returns, and bank statements, to show you can support your spouse financially.
Other Essential Documents
Additional documents might include police certificates, medical exam results, and completed application forms. Ensure all documents are accurate and complete to avoid processing delays.
Application Process
Step-by-Step Guide
1. Gather Required Documents: Collect all necessary documentation as per the application guide.
2. Complete Application Forms: Fill out the forms accurately, ensuring all information is correct.
3. Pay Fees: Pay the required fees online.
4. Submit Application: Mail the completed application package to the appropriate address.
Fees and Processing Times
Breakdown of Fees
Fees for the process include:
- Sponsorship fee
- Processing fee
- Right of Permanent Residence fee
- Biometrics fee (if applicable)
Estimated Processing Times
Processing times can range from 12 to 24 months, depending on factors like the applicant’s country of residence and the completeness of the application.
Rights and Responsibilities of Sponsors
Financial Responsibility
As a sponsor, you are financially responsible for your spouse for three years from the date they become a permanent resident. This includes ensuring they do not need social assistance.
Duration of Sponsorship Undertaking
The sponsorship undertaking period is three years, during which you must support your spouse and meet their basic needs.
After Application Submission
Application Review Process
After submission, your application will be reviewed thoroughly. Immigration officers will assess the completeness and accuracy of the provided information and documentation.
Possible Interview
An interview may be required to verify the authenticity of your relationship. Be prepared to answer questions about your relationship history and future plans.
Approval and Next Steps
Confirmation of Permanent Residence
If approved, your spouse will receive a Confirmation of Permanent Residence (COPR) document, allowing them to travel to Canada.
Landing in Canada
Upon arrival, your spouse will present the COPR to immigration officials, completing their landing process and officially becoming a permanent resident.
Conclusion
Migrating to Canada through marriage is a rewarding journey that allows couples to build a life together in a welcoming and diverse country. By understanding the process, meeting the requirements, and providing the necessary support, you can successfully navigate the challenges and enjoy the benefits of life in Canada.
FAQs
Can I apply for Canadian marriage sponsorship if I am unemployed?
Yes, you can still apply if you are unemployed. However, you must demonstrate that you can support your spouse financially without relying on social assistance.
How long does the application process take?
The process typically takes 12 to 24 months, depending on various factors such as the applicant’s country of residence and the completeness of the application.
What happens if my application is refused?
If the application is refused, you can appeal the decision by providing additional evidence and arguments to support your case. Understanding the reasons for refusal can help strengthen your appeal.
Can my spouse apply for a work permit while waiting for the visa?
Yes, if you apply for inland sponsorship, your spouse can apply for an open work permit while their sponsorship application is being processed, allowing them to work in Canada during this period.
Do I need a lawyer to apply for Canadian marriage sponsorship?
While it is not mandatory to hire a lawyer, having one can help ensure your application is complete and correctly filed, potentially increasing the chances of approval.