You’ve met the love of your life, and they happen to be a Canadian citizen. Congratulations! But before you start daydreaming about maple syrup and hockey, you might be wondering: what does it take to make this relationship official with the Canadian Government?
If that’s your question, then marrying your Canadian girlfriend or boyfriend can be an excellent pathway to securing permanent residence in this welcoming country because according to available data from Statistics Canada “Canada and its Population” report, marriages involving at least one foreign-born spouse have been increasing over the years. In 2019, nearly 24% of marriages in Canada involved at least one foreign-born spouse and the most common foreign-born spouses come from Asia, particularly countries like China, India, the Philippines, and Vietnam. This trend has been consistent in recent years and is forecasted to continue for a long time.
Canada offers various immigration programs that provide foreigners with an opportunity to build a future alongside their Canadian partners and in this article, we will guide you through the process of obtaining permanent residence through marriage, ensuring that you have all the essential information and resources at your fingertips.
Eligibility Requirements for Spousal Sponsorship
To be eligible for spousal sponsorship, the first and foremost requirement is having a genuine marriage or common-law relationship with a Canadian citizen or a permanent resident of Canada. This means that your relationship should be legally recognized and based on love, commitment, and mutual support.
It is very essential that both the sponsor and the sponsored partner must be at least 18 years old to be eligible for spousal sponsorship because age plays a crucial role in ensuring the legal validity of the relationship.
The sponsor must be a Canadian citizen or a permanent resident of Canada to sponsor their spouse or partner. It is important to note that Canadian citizens residing abroad can also sponsor their spouse or partner as long as they demonstrate their intent to return to Canada with their sponsored partner.
A sponsor must demonstrate that they have the financial means to support their spouse or partner. They will need to meet the minimum income requirements set by the Canadian government. This ensures that the sponsored partner will not be reliant on government assistance and can be adequately supported upon arrival in Canada.
It is also very important that both the sponsor and the sponsored partner must have a clean criminal record. Any previous convictions or serious offences can really impact the eligibility for spousal sponsorship. It is important to disclose all relevant information regarding criminal history during the application process.
Both the sponsor and the sponsored partner must undergo a medical examination to ensure they do not have any health conditions that would pose a risk to public health or pose excessive demand on Canada’s healthcare system.
Additional factors such as previous sponsorships, immigration violations, or misrepresentation in previous applications can also affect eligibility so it is essential to thoroughly understand and comply with all immigration regulations and requirements.
The Application Process for Canadian Permanent Residency through Marriage
The application process to become a Canadian Permanent Resident card holder can be a rather long and tedious one but if each step of the application is done correctly, it is almost certain to become a permanent resident and live happily ever after with your spouse.
However, keep in mind that the process may vary depending on your specific circumstances, so it’s always a good idea to consult official immigration resources or consider seeking professional advice.
These are the steps by step process to apply for a permanent residence card in Canada through marriage:
- Gather Required Documents:
Begin by gathering all the necessary documents required for the spousal sponsorship application. These documents may include proof of identity (passports, birth certificates), marriage or common-law relationship documents, proof of legal status (immigration documents), police certificates, and medical examinations. Make sure to carefully review the document checklist provided by Immigration, Refugees and Citizenship Canada (IRCC) to ensure you have everything in order.
- Complete the Application Forms:
Fill out the spousal sponsorship application forms accurately and truthfully. This includes completing the application form for sponsorship (IMM 1344), the generic application form for Canada (IMM 0008), and the additional family information form (IMM 5406). Be diligent in providing all the required information, and make sure to sign and date the forms before submission.
- Pay the Fees:
Pay the required application processing fees, which may include the sponsorship fee and the permanent residence fee. Fees are subject to change, so it is crucial to check the IRCC website for the most up-to-date information. Ensure that you include proof of payment with your application.
- Submit the Application Package:
Compile the completed application forms, supporting documents, and proof of fee payment into a single package. Double-check that all forms are signed and dated properly, and organise the documents according to the provided checklist. Submit the application package to the designated IRCC office, either by mail or online, depending on the specific instructions for your situation.
- Wait for Acknowledgement and Next Steps:
Once you submit your application, wait for confirmation and acknowledgement from IRCC that they have received your application. In some cases, you may be required to attend an interview or provide additional documentation. It is essential to monitor your application status and promptly respond to any requests for additional information.
- Application Processing and Decision:
IRCC will review your application, assess your eligibility, and process the spousal sponsorship application. The processing times can vary, so it’s important to check the IRCC website for approximate timelines. During this stage, they may conduct background checks, verify the authenticity of the relationship, and assess the financial eligibility of the sponsor. Once a decision is made, you will receive notification of the outcome.
- Post-Approval Procedures:
If your application is approved, IRCC will issue a Confirmation of Permanent Residence (COPR) and a Permanent Resident Visa.
These are the step by step procedures to successfully apply for a permanent resident permit after your marriage to your Canadian spouse.
It is worth mentioning that the process and requirements may change over time, so prospective applicants should visit the Immigration, Refugees and Citizenship Canada (IRCC) website for more details and guidelines.
Required Documentations for the Application
When applying for spousal sponsorship, applicants will need to submit various documents to support their application. Here is a list of important documents that are typically required:
- Application Forms:
– Application to Sponsor, Sponsorship Agreement, and Undertaking Form (IMM 1344).
– Application for Permanent Residence, including schedule A Background/Declaration (IMM 0008).
- Proof of Eligibility:
– Proof of your status as a Canadian citizen or permanent resident.
– Proof of your relationship with your spouse (such as marriage certificate, proof of common-law or conjugal relationship).
– If applicable, evidence of previous marriages or divorces, such as divorce certificates.
- Identity Documents:
– Valid passports for both the sponsor and the spouse being sponsored.
– Birth certificates for both the sponsor and the spouse being sponsored.
- Proof of Residence:
– Proof of your residence in Canada, such as utility bills, lease agreements, or property ownership documents.
- Financial Documents:
– Proof of your ability to financially support your spouse. This may include recent pay stubs, employment contracts, or bank statements.
– If you are unable to meet the income requirements, you may need a co-signer who meets the criteria and their financial documents will be required as well.
- Police Certificates and Background Checks:
– Police certificates from the countries where the sponsor and the spouse being sponsored have lived for a specific period of time, typically within the past 10 years.
– In some cases, a local police certificate may also be required.
- Medical Examinations:
– As mentioned before, the spouse being sponsored must undergo a medical examination performed by a panel physician authorised by IRCC. The results of this examination will be submitted directly to IRCC.
- Photographs:
– Recent photographs of the sponsor and spouse being sponsored that meet the specific specifications outlined by IRCC.
- Other Supporting Documents:
– Additional documents that may be required to demonstrate the bona-fide nature of your relationship, such as photos together, communication records, joint financial documents, etc.
Timeline for the application process
The timeline for the permanent resident permit application process can vary depending on various factors, including the nationality of the sponsor and sponsored spouse, the completeness of the application, and the workload of the immigration authorities. While it’s impossible to predict the exact timeline, this provides readers with an estimated timeframe of the entire process:
The first step of the process is gathering all the necessary documents and completing the application forms. This can take anywhere from a few weeks to a couple of months, depending on your preparedness and ability to procure all required documents.
Once you have completed the application forms and gathered all supporting documents, you can submit your application to the appropriate visa office or processing center. The submission process typically takes a few days or weeks.
After submitting your application, it will go through an initial review by the immigration authorities. This stage can take several weeks or even a couple of months, during which they will assess the completeness of your application and verify that all required documents have been provided.
As part of the process, both the sponsor and the sponsored spouse will undergo background checks and security screening. The length of time for this stage can vary, but it generally takes a few months.
Depending on the circumstances, the sponsored spouse may be required to undergo a medical examination. Additionally, they may be called for an interview to further evaluate the genuineness of their relationship. The time frame for these steps can vary, but generally takes around a couple of months.
Once all the necessary checks, interviews, and examinations have been completed, a final decision will be made on the application. The processing time for this stage can vary, ranging from a few weeks to several months.
Usually, the entire spousal sponsorship application process can take anywhere from 10 months to over a year or more. However, it’s important to note that these timeframes are approximate and subject to change. It’s always a good idea to regularly check the Canadian government’s official processing times for the most up-to-date information.
Common Mistakes and Pitfalls to avoid when applying
For people who have applied in the past or are looking to apply for spousal sponsorship, it’s important to be aware of common mistakes and pitfalls to avoid in order to ensure a successful application. Here are a few examples:
- Incomplete or Inaccurate Forms: One of the most common errors is submitting incomplete or inaccurate application forms. Make sure to thoroughly read and understand the instructions provided by IRCC and fill out all the necessary sections of the forms accurately. Double-check for any errors or missing information before submitting your application.
- Insufficient Supporting Documents: Another mistake to avoid is failing to provide sufficient supporting documents. Ensure that you gather all the required documents as outlined in the application checklist provided by IRCC. Missing or incomplete documents can lead to delays or even rejection of your application.
- Inconsistencies in Documentation: It’s important to ensure consistency between the information provided in your application forms and the supporting documents. Any discrepancies or inconsistencies can raise red flags and lead to additional scrutiny or rejection of your application. Take the time to cross-check all information and make necessary corrections.
- Failure to Meet Financial Requirements: Spousal sponsorship requires the sponsor to demonstrate their ability to financially support their spouse. Make sure that you meet the income requirements as specified by IRCC. If you don’t meet the criteria, consider finding a co-signer who does. Failing to meet the financial requirements can result in the refusal of your application.
- Insufficient Proof of Relationship: Providing adequate evidence of your genuine relationship is crucial. This includes documents such as marriage certificates, photos together, joint financial statements, communication records, and more. Insufficient proof of relationship can raise doubts and lead to your application being refused. Gather as much evidence as possible to demonstrate the authenticity of your relationship.
- Ignoring Timelines and Deadlines: It’s important to remain aware of the timelines and deadlines specified by IRCC. Failure to submit your application within the designated timeframe or missing important deadlines can lead to complications and potential rejection. Keep track of the required dates and submit your application well in advance.
- Lack of Communication or Incorrect Contact Information: Ensure that you provide accurate and up-to-date contact information on all forms. Maintain open communication channels with IRCC and promptly respond to any requests for additional information or documentation. Failing to communicate or providing incorrect contact information can impede the progress of your application.
Many individuals who have applied for a permanent residence permit have failed because they made some of the mistakes mentioned above so to avoid these common pitfalls, it’s vital to thoroughly review and follow the guidelines provided by IRCC while paying attention to details, no matter how small they are.
Q: Can I sponsor my same-sex partner for Canadian permanent residence?
A: Yes, Canada recognizes same-sex marriages, and Canadian citizens or permanent residents can sponsor their same-sex partners for permanent residence.
Q: Can I work in Canada while waiting for my application to be processed?
A: If you’re applying as a sponsored spouse or common-law partner, you may be eligible for an Open Work Permit, which allows you to work while your application is being processed. However, eligibility for an Open Work Permit may vary, so it’s essential to check the specific requirements and restrictions.
Q: Can I apply for permanent residence if I’m living outside Canada?
A: Yes, you can apply for Canadian permanent residence through marriage even if you’re living outside Canada. The sponsorship application can be submitted either from inside or outside the country.
Q: Can I include my dependent children in the application?
A: Yes, you can include your dependent children (both biological and adopted) in your application for permanent residence. You’ll need to provide the necessary supporting documents, such as birth certificates or adoption papers, to demonstrate the relationship.
Q: What happens if my application is refused?
A: If your application for permanent residence is refused, you may have the option to appeal or reapply, depending on the reasons for the refusal. It’s advisable to seek legal counsel or consult a reputable immigration lawyer to understand the best course of action in such situations.
Truth be told, obtaining Canadian permanent residence through marriage is not an easy task as it involves several steps and considerations. It is crucial to determine your eligibility, gather the required documents, and submit a comprehensive application package to Immigration, Refugees and Citizenship Canada (IRCC).
You can visit the Immigration, Refugees and Citizenship Canada website here.
The processing time for spousal sponsorship applications varies, so it’s important to stay patient throughout the process. It’s worth noting that same-sex marriages are recognized in Canada, and individuals can sponsor their same-sex partners for permanent residence.
Additionally, including dependent children in the application is possible, and applicants may be eligible for an Open Work Permit while awaiting the decision. In case of application refusal, seeking legal advice is recommended. Remember, staying informed and consulting official resources or professionals is essential for accurate and up-to-date information.
