Securing a Canadian visa through marriage is a pathway that many couples explore to build a life together in Canada. This process, while rewarding, requires careful planning, thorough documentation, and a clear understanding of the legal requirements.
Whether you are a Canadian citizen or a permanent resident looking to sponsor your spouse, or you are the spouse seeking to immigrate, this guide will walk you through the essential steps to ensure a successful application.
Understanding the Basics
The Canadian immigration system allows citizens and permanent residents to sponsor their spouses or common-law partners for permanent residency. This process is managed and regulated by Immigration, Refugees and Citizenship Canada (IRCC). The sponsorship program is designed to reunite families, but it also ensures that the relationship is genuine and not solely for immigration purposes. Therefore, the application process is rigorous and requires substantial evidence to prove the authenticity of the relationship.
Eligibility Criteria
Before diving into the application process, it’s crucial to determine if both the sponsor and the sponsored spouse meet the eligibility criteria. The sponsor must be at least 18 years old, a Canadian citizen or permanent resident, and demonstrate the ability to financially support the spouse for a specified period. They must also not be receiving social assistance (except for disability) and must not have a criminal record or be in prison.
The sponsored spouse, on the other hand, must be legally married to the sponsor or in a common-law relationship for at least one year. They must also pass medical and security checks to ensure they do not pose a risk to Canadian society. If either party has been previously sponsored to Canada as a spouse, there may be additional restrictions or waiting periods.
Gathering Required Documentation
One of the most critical aspects of the application process is gathering the necessary documentation. This includes proof of identity, marriage certificates, and evidence of the relationship’s genuineness. The latter is particularly important, as IRCC scrutinizes applications to prevent fraudulent marriages. Documents such as photographs, communication records, joint bank accounts, and affidavits from friends and family can help establish the authenticity of the relationship.
Additionally, both the sponsor and the sponsored spouse must provide police clearance certificates from any country they have lived in for six months or more since the age of 18. Medical examinations are also required to ensure the sponsored spouse does not have any health conditions that could pose a public health risk or burden the Canadian healthcare system.
READ – Steps to Obtain Canadian Visa Sponsorship Through Marriage
Completing the Application Forms
The application process involves several forms that must be completed accurately and thoroughly. The sponsor must fill out the sponsorship application, while the sponsored spouse completes the permanent residency application. These forms require detailed information about both parties, including personal history, employment, and family details. Any discrepancies or incomplete information can lead to delays or even rejection of the application.
It’s essential to double-check all forms before submission and ensure that they are signed and dated correctly. Missing signatures or dates are common reasons for applications to be returned, which can significantly delay the process.
Paying the Fees
The application process involves several fees, including the sponsorship fee, the principal applicant processing fee, and the right of permanent residence fee. As of the latest update, the total cost for sponsoring a spouse is approximately CAD $1,080. It’s important to pay these fees online and include the receipt with the application package. Failure to pay the correct fees or provide proof of payment can result in the application being returned.
Submitting the Application
Once all the forms are completed, the fees are paid, and the required documents are gathered, the next step is to submit the application. The application package should be sent to the appropriate IRCC processing center, as specified in the application guide. It’s advisable to use a reliable courier service that provides tracking information to ensure the package reaches its destination safely.
Waiting for Processing
After submission, the waiting period begins. Processing times can vary depending on the complexity of the case, the completeness of the application, and the current workload of IRCC. On average, the processing time for spousal sponsorship applications is around 12 months, but this can vary. During this period, IRCC may request additional documents or information, so it’s important to monitor emails and correspondence regularly.
Preparing for the Interview
In some cases, IRCC may request an interview with the sponsor and the sponsored spouse. This is typically done to further assess the genuineness of the relationship. Preparing for the interview involves reviewing the application, understanding the details provided, and being ready to answer questions about the relationship, daily life, and future plans together. It’s important to be honest and consistent in responses, as any inconsistencies can raise red flags.
Receiving the Decision
Once the application is processed, IRCC will notify both the sponsor and the sponsored spouse of the decision. If approved, the sponsored spouse will receive a Confirmation of Permanent Residence (COPR) and, if applicable, a permanent resident visa. They must then travel to Canada and present these documents to a border services officer to officially become a permanent resident.
If the application is denied, IRCC will outline the grounds for the refusal. In some cases, it may be possible to appeal the decision or reapply, depending on the grounds for refusal. It’s advisable to seek legal counsel if the application is denied to understand the options available.
Final Steps: Landing in Canada
Upon arrival in Canada, the sponsored spouse will complete the landing process, which involves confirming their status as a permanent resident. They will also receive a permanent resident card, which is essential for re-entering Canada after traveling abroad. It’s important to note that the sponsored spouse must meet residency obligations to maintain their permanent resident status, which generally requires them to be physically present in Canada for at least 730 days within a five-year period.
To Conclude
Securing a Canadian visa through marriage is a detailed and often lengthy process, but with careful preparation and attention to detail, it is entirely achievable. The key to success lies in providing thorough and accurate documentation, demonstrating the genuineness of the relationship, and following all IRCC guidelines. By understanding the requirements and diligently completing each step, couples can navigate the process smoothly and look forward to building their lives together in Canada.