Marrying a Canadian citizen or permanent resident is one of the most straightforward paths to gaining Canadian permanent residency and putting down roots in the country through family sponsorship. In this comprehensive guide, we’ll explore the step-by-step process for obtaining Canadian visa sponsorship as the spouse or common-law partner of a Canadian.
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First, it’s important to understand the eligibility requirements for family sponsorship to Canada through marriage or common-law partnership.
Eligibility Requirements
To qualify for Canadian visa sponsorship based on marriage or common-law partnership, the following criteria must be met:
- You must be legally married to a Canadian citizen or a sponsoring partner must hold Canadian permanent resident status. Common-law partnerships that meet the criteria may also be eligible.
- Your relationship with your sponsoring spouse/partner must be genuine and continuing. Fraudulent partnerships solely for immigration purposes are not permitted.
- You and your sponsoring spouse/partner must intend to live together in a conjugal relationship in Canada upon approval of your permanent residence application.
- You cannot already hold Canadian citizenship or permanent residency status yourself. You must apply from outside of Canada or while in Canada on a valid temporary status like a visitor visa or work permit.
- You and your sponsoring spouse/partner must meet minimum income requirements to support yourself financially without relying on social assistance programs in Canada.
So in summary – a valid legal marriage/common-law relationship, genuine intent to reside together in Canada long-term, and financial ability for sponsorship. Let’s dive into the details of the application process.
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The Sponsorship Application Process
There are a few key applications involved in the sponsorship process for permanent residence through marriage in Canada:
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Sponsorship Evaluation Application
Your Canadian sponsor must first submit the Sponsorship Evaluation Application along with supporting documents to show they meet eligibility criteria like sufficient income and no bankruptcy history. This determines if they can formally sponsor you.
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Sponsorship Application
Once approved as eligible sponsors, your Canadian sponsor then submits the Sponsorship Application on your behalf that includes background information, declarations of financial support for you, and your relationship details/proof. You will need to sign this form digitally.
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Permanent Residence Application
With the sponsorship in progress, you as the sponsored spouse can then submit your own Permanent Residence Application through your dedicated online Canada Immigration portal account. This involves comprehensive forms and documentation uploads.
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Sponsorship Undertaking
Your Canadian sponsor must sign the Sponsorship Undertaking legally attesting to their commitment to financially supporting you for three years after landing in Canada.
All applications require the applicable fees and are submitted through the Government of Canada’s online immigration portal. Let’s dive deeper into each of these core application steps.
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Sponsorship Evaluation
This first application involves your Canadian spouse/partner demonstrating they meet all the eligibility requirements to formally sponsor you such as:
- Minimum necessary income level through employment (no social assistance).
- Sufficient funds to support you and any family without relying on loans to meet low-income cut-offs.
- Good character with no criminal involvement or bankruptcy issues.
This application form is submitted along with documents like notices of assessment, bank statements, pay stubs and marriage certificate/proof of common-law status. It can take 3-6 months to receive approval.
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Sponsorship Application
Once approved as eligible sponsors, your spouse initiates this application that includes your information as the sponsored spouse/partner. It requires:
- Detailed contact/background information for both you and your sponsor.
- Evidence of your relationship’s authenticity like shared addresses, finances, photos together over time through milestone events.
- Details of your sponsor’s financial ability rating and undertaking of support for you.
You will need to digitally sign this application and upload all documentation of your bona fide relationship and your information like passport.
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Permanent Residence Application
With the sponsorship in progress, you can proceed to submit your own application for permanent residence in Canada. This involves:
- Fill out extensive online forms providing your background, passport, work experience and language ability details.
- Uploading additional documents like police clearances, birth certificates, marriage certificate, proof of language ability, resume, etc.
- Paying the applicable application processing fees.
Being as thorough as possible here is essential to support your eligibility for permanent residence approval through family sponsorship in Canada.
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Sponsorship Undertaking
This final attestation requires your sponsoring spouse/partner to digitally sign a legally binding declaration promising to financially support you for three years after your arrival or longer if needed. They commit to covering you and any dependents without relying on social assistance programs yourself. This confirms the sponsorship is bona fide.
Knowing the core application steps is important, but let’s look at some additional important considerations in the sponsorship process:
Using a Representative
You are allowed but not required to hire an immigration representative like a lawyer or consultant to assist with navigating the application process at your expense. They can help ensure all requirements are met but are not permitted to digitally sign on your behalf.
Means of Financial Support
Canadian sponsors can demonstrate meeting the financial eligibility requirements through various income sources like current paid work, savings in a regulated financial institution, pension, or other retirement income. Self-employment earnings also count.
Language Requirements
There are no language requirements to receive sponsored partner status in Canada initially. However, completing language tests may help speed up processing. Proficiency in either English or French is expected to be achieved upon landing.
Processing Times
Family sponsorship applications can take 12-18 months total to process once submitted correctly with all documentation. Processing is currently taking longer than usual due to post-pandemic backlogs. Be patient as timelines vary.
Other Family Members
If you have dependent children, they can be included in your permanent residence application. Parents and grandparents of Canadian sponsors may also be eligible to apply separately for sponsorship within certain application criteria.
Let’s go over additional tips for navigating the application process smoothly:
Tips for Strong Applications
- Provide explicitly requested documents meticulously with no missing pieces.
- Include strong relationship proof spanning your entire history together not just marriage.
- Demonstrate sufficient sponsor funds through several consecutive bank statements.
- Compile documentation neatly organized per instructions. Poor formatting can cause rejections.
- Avoid changes in your/sponsor’s circumstances during processing to reduce complications.
- Meet all eligibility criteria regarding language abilities and minimum income levels upfront.
- Double-check forms for errors and have someone unrelated review applications before submitting.
With careful planning and thorough, properly assembled applications, family sponsorship through marriage remains one of the most direct pathways for immigrating permanently to Canada as spouses. Demonstrating a continuing genuine relationship where sponsor obligations are willingly undertaken and financial self-sufficiency is possible leads to approval of Canadian permanent residence through sponsorship applications.
Frequently Asked Questions
Here are answers to some questions commonly asked about sponsorship for permanent residence in Canada through marriage:
Q: How long does the entire process take?
A: Usually 12-18 months total once complete applications are submitted. Some applications may take longer currently due to processing delays.
Q: Can I work while applications are being processed?
A: You may be eligible for an open work permit to seek employment in Canada while awaiting a decision if you apply from within Canada with a valid status like a visitor visa.
Q: What if we divorce after I’m approved?
A: If you divorce after becoming a permanent resident, your status will generally remain intact. However, if you divorce before your permanent residence application is fully approved, your sponsorship will be terminated.
Q: How much income does my sponsor need?
A: The minimum income threshold varies depending on family size but is generally set around the low-income cut-off rates where your sponsor must show the ability to support you and any dependents for at least one year without loans or social assistance.
Q: Do we need a lawyer?
A: A qualified immigration lawyer or consultant can provide guidance to maximize a strong application, but legal representation is not mandatory. The process is manageable for many to complete independently with diligent research. Having someone review materials is recommended.
By meeting all eligibility criteria upfront and thoroughly documenting the required facets of your genuine marital relationship, financial sponsorship can be obtained to pursue permanent residence successfully through Canadian visa sponsorship as married or common-law partners. This remains one of the clearest pathways to put down roots in Canada through immigration.
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