Imagine pursuing your Canadian aspirations and beginning a new chapter in the Great White North, even if you are not married and do not have a Canadian-based spouse. Yes, it is possible, and in this essay, I will provide the details on how to relocate to Canada through marriage!
You don’t have to worry about being alone on your journey to Canada. I’ll show you how to choose the appropriate spouse in Canada to increase your chances of acceptance.
We’ll discuss the benefits and drawbacks of this strategy. So, prepare to go on an amazing journey into your Canadian future. “Cuddle your blanket, sit back, and let’s dive in!”
How to Migrate to Canada through marriage
You can move to Canada as a married or unmarried partner. By married partner, I mean that you and your spouse are in a conjugal relationship and have been together for at least 12 months.
However, we plan to move to Canada as an unmarried couple. i.e., having a conjugal relationship but not living together in the same nation.
However, to migrate to Canada, your conjugal relationship must be compatible with that of your Canadian common-law spouse.
What is a conjugal relationship?
A conjugal relationship is one in which you are not married to your spouse because he or she lives in another nation, but you have been passionately and emotionally committed.
To be considered a conjugal relationship under Canadian common law, you must have been in it for at least a year and meet the conditions of the Canadian common law spouse.
According to the Canadian Supreme Court, the following elements qualify as a conjugal relationship:
- The Supreme Court considers some factors to determine if a couple has a solid relationship:
- You have both been dedicated to each other for a long time.
- You engage in sexual interactions and are committed to each other.
- You provide emotional support for each other.
- You do not have another relationship with someone else.
- You help each other with money and financial issues.
- You have or care for children together.
- However, if you intend to move to Canada in a conjugal relationship, you must already have a spouse in Canada.
- You can scour the internet for one without success, or you can stick with me for alternatives.
- You are the applicant (moving to Canada); your spouse is the sponsor (staying in Canada).
Who can sponsor their partner?
If you are a Canadian citizen or permanent resident, you may be able to sponsor your spouse, conjugal partner, or common law partner.
However, some conditions must be completed for sponsorship:
- You should be 18 years or older.
- You must currently reside in Canada or intend to return once your partner becomes a permanent resident of Canada.
- You must have the ability and willingness to financially support your spouse or partner for three years.
In Canada Sponsorship Class
The In Canada Sponsorship Class is the best option for people who match the following criteria:
- You live with your sponsor in Canada.
- Your Canadian immigration status remains valid.
- You want to apply for an open work permit, which allows you to work in Canada while the application is being reviewed.
Furthermore, if your spouse or common-law partner has lost legal status in Canada, they may still be eligible to apply in this category.
They will also benefit from a government provision that allows them to stay in the country during the processing period.
However, travel outside of Canada should be avoided while the application is being reviewed.
Family Sponsorship Class (Outland)
If your spouse or common-law partner lives outside of Canada, you can select the Family Class (Outland) sponsorship option. This option applies if:
- Your spouse or partner resides outside of Canada.
- While you are the sponsor, you are currently residing in Canada, but you do not expect to remain there throughout the application process.
- This option has disadvantages, as living with your husband or partner while the application is being processed can be difficult.
- However, your partner can apply for a temporary visa to visit Canada while their outland sponsorship application is pending.
Processing Time for Spouse or Partner Sponsorship
When applying for spousal or partner sponsorship, you must have a clear idea of the estimated processing time.
Typically, these applications take about 12 months to complete from beginning to end.
However, please keep in mind that processing times may vary depending on particular situations.
If your case is complex or the visa office requires extra evidence, the processing time may be extended.
To ensure a simpler procedure and speedier approval, make sure your application is complete and accurate.
Professional support, such as that given by Canadim, can be quite beneficial in this situation.
Cost of Sponsoring Your Spouse
Sponsoring your spouse, conjugal partner, or common-law partner involves government processing expenses. Here’s a breakdown of the fees:
- Sponsorship fee: $75
- Principal applicant processing fee: $475
- Right of permanent residence fee: $500
- Biometrics fee: $85
- Total fees amount to $1135.
If you live in Quebec or want to live there after gaining permanent residency, an extra cost of CAD 289 will apply.
Common-law and Conjugal Sponsorship
Common-law and conjugal unions, as well as traditional marriages, are recognized under Canadian immigration law.
Common-law relationships entail living together for at least one year in a marriage-like setting.
Conjugal relationships, on the other hand, are for situations in which living together or formalizing the relationship is impossible owing to unusual circumstances.
Understanding the differences between these categories is critical since they affect your partner’s eligibility and the process of sponsoring them.
Ongoing Obligations as a Sponsor
Sponsoring your spouse, conjugal partner, or common-law partner requires a commitment that goes beyond the application procedure.
As the sponsor, you are responsible for meeting their basic requirements for three years. This includes meeting their financial, daily, and health requirements.
One key facet of this commitment is ensuring that your sponsored partner does not require government support.
If they do, you will be required to repay the entire sum received during the time you were legally liable for them.
Failure to do so may limit your ability to sponsor other qualified family members in the future.
Financial Requirements for Sponsorship
Sponsoring your spouse, conjugal partner, or common-law partner entails financial responsibilities.
Unlike other sponsorship schemes, there is no minimum income criterion for spouse sponsorship.
However, you must sign an undertaking agreement pledging to financially support your partner’s necessities.
While there is no set income requirement, immigration authorities may analyze your financial ability to meet this commitment.
Providing evidence of how you intend to assist your partner in Canada will improve your application.
Eligibility Requirements
Sponsoring your partner requires that you be a Canadian citizen or permanent resident. To qualify, you must:
- Be at least 18 years old.
- You are either already in Canada or intend to migrate there as a permanent resident with your partner.
- Have the ability and willingness to financially support your partner for three years.
Language Competency and Medical Conditions
Language competence is not required for sponsorship, but your spouse, conjugal partner, or common-law partner may need to demonstrate it later when applying for Canadian citizenship.
If your partner has a major medical condition, it will usually not influence their sponsorship application, as long as it does not endanger public health or safety.
Applying to Sponsor Your Partner
When you’re ready to apply for spousal or partner sponsorship, there are a few procedures to follow:
- Submit a spousal sponsorship application by mail or through the IRCC’s application online.
- Consider traveling while the application is being processed, taking into account any dangers.
- Gathering and submitting all essential documents, such as marriage certificates, police clearances, medical certificates, and so on.
- Understanding the option to include family members on the application.
- Preparing for a possible interview with immigration officials.
Submission of Spousal Sponsorship Application
You can submit a spousal sponsorship application in two ways: by mail or through the IRCC’s online permanent residence application portal.
Each strategy has advantages, so choose the one that best fits your situation and preferences.
To avoid processing delays, please ensure that your application is complete and accurate.
Travel While the Application is Processing
If you are the individual being sponsored, you may leave Canada for short periods while your In Canada Sponsorship application is being processed.
However, because residency in Canada is required for this class, re-entering the nation may be risky, especially given probable travel restrictions caused by events like as the COVID-19 epidemic.
Those on temporary visas who are awaiting acceptance of their work permit applications may lose their status and must wait until the work permit is authorized before returning to Canada.
Required Documents for Spousal Sponsorship Applications
To apply for spousal sponsorship, you must offer several pieces of documentation proving your relationship and eligibility. These documents usually include:
- Completed application forms
- Proof of status in Canada
- Identity documents
- Marriage certificate
- Police clearances from nations where your spouse lived for six months or more after turning 18.
- Medical certificate for your spouse.
- Proof of payment of government fees
- Relationship information and a sponsorship evaluation questionnaire.
- To verify the genuineness of your connection, include papers such as shared property ownership, bank accounts, utility bills, government-issued IDs, and more.
Please carefully review the rules since the required documents may vary depending on your scenario.
Include Family Members in the Application
Your spouse, conjugal partner, or common-law partner may include dependent children in their application for permanent residency. This permits the entire family to immigrate together.
Interview for Spousal or Partner Sponsorship
Interviews for spousal or partner sponsorship are unusual, although they may occur if there are concerns about the legality of the relationship or contradictions in the material presented. The choice to conduct an interview is up to the visa officer.
To prepare for an interview, ensure that your application is well-documented and correct.
Working with an expert immigration attorney might improve your chances of success while reducing the necessity of an interview.
Limit and Intake for Spousal Sponsorship Applications
Unlike other sponsorship categories, there is no established intake cap for spousal sponsorship applications in Canada.
This means that the country accepts spousal sponsorship applications year-round, allowing families to reconcile without being constrained by application deadlines.
Permanent Residence and Marriage with a Canadian
Marriage to a Canadian does not automatically grant the spouse permanent residence. Instead, the process entails applying for spousal sponsorship following marriage.
Only once the application is approved will the married spouse be granted Canadian permanent residence.
Coming to Canada While Waiting for Approvals
While waiting for the sponsorship application to be accepted, the sponsored spouse or partner may go to Canada.
However, there is no specific visa for candidates in this circumstance, and applying for a temporary visa may be difficult if an application for permanent residency is already pending.
Showing that the applicant plans to return when the visa expires becomes critical.
Sponsoring a conjugal or common-law partner while married.
If you are legally married to another person but want to sponsor a conjugal or common-law partner, you must prove that the marriage has ended and that you have lived apart from your spouse for at least a year.
It is critical to provide paperwork that supports the termination of the marriage and the beginning of a new relationship.
Sponsoring a Common-law Partner When Not Living Together
Common-law partners who are not currently living together are still eligible for sponsorship, but certain standards must be met.
You must have lived together in a marriage-like relationship for at least 12 months, and you must demonstrate that, despite the physical separation, the common-law relationship continues.
Understanding these intricacies means that you are well-versed in the numerous conditions and possibilities for sponsoring your partner under different circumstances.
FAQs
Can I obtain permanent residency if I marry a Canadian?
Marrying a Canadian does not automatically earn you permanent residency. After marriage, you must apply for spousal sponsorship, and if approved, you will be granted permanent residency in Canada.
Can my husband come to Canada while we wait for approval?
Yes, people can travel to Canada while waiting for approval, but there is no specific visa for this purpose. Applying for a temporary visa may be difficult if a permanent residence application is already in process.
Can I sponsor my partner if I am already married to someone else?
Yes, you can, but you must demonstrate that your marriage has ended and you have been separated from your spouse for at least a year. Documentation supporting the end of the marriage and the new partnership is required.
Do I need a job to sponsor my spouse in Canada?
To sponsor someone, you do not need to have a job, but you must be able to provide financial support. There is no minimum income criterion, but you should demonstrate your ability to meet basic financial necessities.
Conclusion
Sponsorship applications typically take around a year, though this can vary depending on your circumstances.
Complex cases or additional proof needs may increase processing time.
However, the government processing fees total $1135, which includes the sponsorship charge, the principal applicant processing price, the right to permanent residence fee, and the biometrics fee. However, costs may apply if you live in Quebec.
If your application is rejected, you can resubmit. Address the grounds for refusal in your reapplication by providing fresh information or documentation.