Canada Marriage Visa Sponsorship Immigration For 2024
Embarking on the journey of Canada’s Spousal Sponsorship in 2023 and 2024 involves navigating through a complex legal process. Whether you’re applying within Canada or at a Canadian embassy overseas, the intricacies remain. For a successful sponsorship, a Canadian citizen or permanent resident plays a pivotal role by submitting a sponsorship application on behalf of their foreign spouse, common-law partner, or conjugal partner.
Canada Spouse Visa
Securing a Spouse Visa for Canada is a significant step for non-Canadian spouses looking to join their partner in the country. Once the spousal sponsorship application is accepted, Immigration Canada grants a change in immigration status, making the partner a permanent resident of Canada. If the partner is overseas during the application, they’ll receive a Canada Spouse Visa (Confirmation of Permanent Residence), officially becoming a permanent resident upon arrival in Canada.
Immigration Canada Spouse Sponsorship Terminology
When we talk about a “partner” in the Canadian immigration context, we’re referring to individuals looking to make Canada their new home through marriage, common-law partnership, or a conjugal relationship with a Canadian citizen or permanent resident. The specific category depends on the circumstances, and this brief overview sheds light on these varying pathways to immigration in Canada.
In the Immigration of the circle word of the sponsor. That points to the person in Canada, who vouches for their Partner in the Immigration Journey. This department overseeing immigration affairs, once known as Citizenship and Immigration Canada (CIC), In the there has undergone a name change and is now recognized as Immigration, Refugees and Citizenship Canada (IRCC). Here, both terms are used interchangeably for simplicity.
For This Visa, The person can apply and get immigration on behalf of their Partner, In the there who is a permanent citizen of Canada and is referred to as the sponsor.
The Immigration, Refugees, and Citizenship of Canada (IRCC) is new for the department of the Canadian Federal Government that deals with all immigration concerns. In the there have formerly known as the Citizenship and Immigration of Canada (CIC). You can find this on the “Immigration Canada website” These refer to both words interchangeably.
- Legally married to a Canadian citizen or permanent resident sponsor.
- Marriage is considered valid in the jurisdiction where entered and under Canadian law.
- Recognition of marriages abroad that may not be valid in Canada, such as polygamous marriages.
- Cohabited in a conjugal relationship for at least one year.
- The 12-month period need not be continuous; short absences are acceptable.
- Evidence of relationship authenticity is required due to the absence of a marriage certificate.
- Cohabitation involves combining financial affairs, not just living in the same dwelling.
- Intended for partners unable to qualify as a spouse or common-law partner due to legal or external barriers.
- Examples include legal barriers to divorce or immigration restrictions.
- Unwillingness to live together for education or work reasons is not an acceptable reason.
- Living apart for a year or more, with one partner being in another conjugal or common-law relationship, disqualifies eligibility.
Fiance Visa Canada
Getting a visa for your fiancé in Canada isn’t a stand-alone qualification for sponsorship. If you’re in a fiancé relationship, you might still be eligible for Canadian immigration through other categories, like common-law partner sponsorship. If your relationship falls into the engaged, betrothed, or intended to be married category, but doesn’t meet the common-law criteria in Canadian immigration law, you might have to wait until you officially tie the knot to qualify for Canadian spousal sponsorship. Do you have questions about a Spouse Visa for Canada? Call our Canadian immigration experts for a free consultation today.
General Spousal Sponsorship Canada Eligibility:
- The sponsor must demonstrate Canadian citizenship or permanent residence.
- The sponsor must be willing to submit a sponsorship application for the partner.
- Both sponsor and partner must be at least 18 years old during the application (exceptions for marriage age if local laws allow).
Partner must fit into the family category: spouse, common-law partner, or conjugal partner.
Sponsor must prove financial ability to support both parties and sign a Sponsorship Agreement for three years post permanent residence approval.
Spousal Sponsorship Canada Exclusions:
- Ineligible if receiving any social assistance, excluding disability-related support.
- Ineligible if sponsored and became a Canadian permanent resident within the last five years.
- If previously sponsored a spouse, a three-year waiting period is required before sponsoring again.
- Ineligibility for those who failed to comply with a past Sponsorship Agreement.
- Ineligible if violated a court order for alimony or child support, even for a Canadian citizen recipient.
- Marital status issues: Ineligible if married to someone else during the sponsorship application, regardless of legality.
- Disqualification for individuals convicted of violent or sexual crimes or attempting such offenses.
- Failure to repay an immigration loan, even with a single late payment, can disqualify sponsorship.
- Ineligibility for individuals currently in prison.
- You are under a Canada Removal Order
If Canada has issued a removal order against you or if you’ve declared bankruptcy, make sure that your bankruptcy has been completely discharged before applying for spousal sponsorship in Canada. It’s crucial to address these situations to ensure a smooth immigration process.
Supporting your partner’s immigration journey comes with a commitment. When you sponsor them, you sign a three-year agreement, promising to offer complete financial support from the day they get permanent residence. This responsibility stays intact, standing strong even if your relationship status changes through divorce or separation.
- Sponsoring a spouse to come to Canada often doesn’t require a minimum income.
- Sponsors may need to show sufficient financial resources in some situations.
- Demonstrating the ability to support family and partner’s family is essential.
- The financial support includes daily essentials, housing, clothing, utilities, personal items, and medical care.
- This Job sponsor must meet the all basic needs of all dependents, including dependent children and their dependents.
Flexibility in income requirements aims to make the immigration process more accessible.
If your credit history is not great, you have a lot of debts, or your income is low, sponsoring your partner and their family could be trickier. Unfortunately, your partner can’t co-sign the sponsorship agreement to combine incomes and meet the required income. Unlike other family sponsorships, pooling resources isn’t an option for spousal sponsorship in Canada.
Spouse Immigration Canada 2023 Changes Summary:
- Faster Processing:
- Significant reduction in processing times for spousal sponsorship applications.
- Unified Application:
- Single application process for candidates, whether inside or outside Canada.
- Simplified Relationship Questionnaire:
- Fewer questions in the relationship questionnaire for a more straightforward application.
- Medical Exam Changes:
- Medical exams are no longer required upfront, streamlining the application process.
- Police Certificate Updates:
- Police certificates are now only needed from the current country of residence and the country where most of adulthood was spent (if different).
Real-time Application Tracking:
Access to real-time information regarding your Spouse Visa Canada application online.
The recent improvements in the process of bringing a spouse to Canada have made things smoother, but it’s important to note that the core rules for family sponsorship remain unchanged. While the sponsorship of a husband or wife is now faster, applicants must still prove to Immigration Canada that they meet all the necessary criteria for permanent residence sponsorship. Keep an eye out for the updated forms needed for sponsoring a spouse, and make sure not to rely on an old checklist.
Canada is making it easier for families to be together. The government is working to speed up the approval of Canadian sponsorship applications, aiming to unite families faster. They’ve opened up more spots for sponsored immigrants, and there’s an extra $25 million set aside in the budget to make sure family reunions happen sooner. This means shorter waits and more families coming together in Canada.
Outland vs. Inland Spousal Sponsorship
When it comes to sponsoring a spouse, where you are matters. If your partner isn’t in Canada when you apply, you go for outland sponsorship – the family class route. Inside Canada? That’s inland sponsorship, but not everyone qualifies for that. Keep in mind, that conjugal relationships can’t take the inland sponsorship path.
Easy and Simple Rights?
If both you and your partner want to live in Canada and want to apply for immigration benefits, you might go for either outland or inland spousal sponsorship. If you plan to be in Canada throughout the application process but your partner won’t, outland sponsorship is a good choice. On the other hand, inland sponsorship comes with a perk – your partner could get an Open Work Permit, allowing them to work in Canada while waiting for Permanent Residency approval.
To decide which option suits you best, it’s wise to consult with a qualified Canada sponsorship lawyer who can weigh the pros and cons for you.
Sponsoring a Same-Age Partner:
Same-age partners can immigrate to Canada under similar terms as opposite-sex partners, with some exceptions.
Restrictions on same-age relationships in foreign countries may affect immigration eligibility.
Same-sex partners might not qualify as spouses if their marriage abroad isn’t legally recognized in the jurisdiction of marriage.
If ineligible as spouses, same-sex partners could potentially qualify as common-law partners.
A same-sex partnership can be advantageous if needed to explain why conjugal partners couldn’t qualify as common-law partners or spouses.
Legal restrictions in the jurisdiction could prevent a gay or lesbian couple from marrying or living together, impacting immigration eligibility.
Bringing Partner’s Children to Canada
- Canadian citizens or permanent residents can bring their partner’s dependent children to Canada through immigration.
- Eligibility criteria for the dependent child include being under 22 without a spouse or over 22 with a documented financial dependency due to a physical or mental deficiency.
- Age is determined on the day the partner’s Permanent Residency (PR) application is received by IRCC.
- Even if the child is in the custody of someone else, the partner must list them in the application to retain sponsorship rights.
- If the child’s parent is not the sponsor and is a minor, completion of IRCC Form IMM 5604 is required, along with the non-accompanying parent’s ID.
- The completed form must be witnessed by a notary public to ensure validity and compliance with immigration regulations.
Sponsor and Partner Responsibilities for Canadian Spousal Sponsorship:
- Sponsor Qualification: Ensure the sponsor meets Canadian immigration law requirements.
- Eligibility of Partners: You need to Confirm the partner belongs to the appropriate sponsorship class (spouse, common-law partner, or conjugal partner).
- Sponsorship Agreement: You need to read and understand the Sponsorship agreement.
- Financial Disclosure: Truthfully complete self-declaration schedules, disclosing personal finances to immigration authorities.
- Application Fee: Pay the application fee and include the receipt with the sponsorship application.
- Notification of Ineligibility: Notify authorities if the sponsor fails to meet any criteria during the application process (e.g., declaration of bankruptcy).
- Application Submission: Submit signed sponsorship and permanent residence application forms with supporting documentation.
- Relationship Evidence: Provide proof of relationship, such as joint bank accounts, residential leases, affidavits, or other relevant documentation.
- Free Evaluation: Determine eligibility for Canada spousal sponsorship through a free, no-commitment evaluation by contacting the legal team.
I live outside of Canada; is it possible to sponsor a spouse?
- Living abroad as a Canadian permanent resident? Sorry, you can’t sponsor your partner to Canada from there.
- Sponsorship is only doable if you’re a permanent resident within Canada. As a Canadian citizen overseas,
- Sponsoring your spouse is an option, but you need to commit to making Canada your home once your partner becomes a Canadian resident.
Working in Canada While Spousal Sponsorship Application is Pending:
Applying for permanent residence from within Canada allows simultaneous application for an Open Work Permit.
Open Work Permit enables work during the pending application, but work is not allowed until the permit is received. Work permit approval is common and is a significant advantage of inland spousal sponsorship.
Partner Leaving Canada While Permanent Residence Application is Pending:
Leaving Canada during the application’s pending status poses re-entry uncertainties.
Approval is not guaranteed, and denial requires a new immigration application to return.
Outland spouse sponsorship allows entry and exit during application, but may not grant an Open Work Permit.
2023 Spousal Sponsorship Canada Processing Times:
Processing times have improved in 2023.
- Inland sponsorship takes approximately 10 months, while outland sponsorship takes about 13 months.
- Earlier delays due to the pandemic have subsided, with optimistic expectations for 2024 processing times.
Sponsoring a Spouse to Canada With a Criminal Record:
- Criminal inadmissibility can hinder spousal sponsorship eligibility.
- Overcoming criminal inadmissibility is possible through paperwork and demonstrating rehabilitation.
- Crimes like DUI, fraud, assault, and drug offenses can lead to refusal.
How Much Does a Canada Spouse Visa Cost:
- Government processing fees for spousal sponsorship total $1080.
- Additional fees for dependent children are $150 per child.
- Payments can be made online, and receipts must accompany the sponsorship application.
Abolished Two-Year “Legitimate Relationship” Requirement:
- The two-year cohabitation requirement for permanent residence was eliminated in 2017.
- Initial conditional permanent residence, based on a short-term relationship, is no longer applicable.
Canadian Citizenship by Marriage:
- Permanent residents can qualify for Canadian citizenship after three years of physical presence in the last five years.
- Sponsored spouses have no advantage over common-law or conjugal partners in obtaining citizenship.
Spousal Sponsorship Document Checklist:
- Comprehensive list of documents required for spousal sponsorship applications.
- Includes various forms, financial evaluation, relationship information, and supporting documentation.
- Certifying translations and linking an application to an online account are emphasized.
Outland Spousal Sponsorship – What to Expect at the Canadian Border:
- Process for spouses sponsored from outside Canada entering the country.
- Border officers check passports, Confirmation of Permanent Residence, and conduct admissibility reviews.
- Authorization to Return to Canada may be required based on the type of removal order issued.
How to Remove Yourself as a Co-Signer:
- Co-signers can request removal by submitting a letter and the original Sponsorship Agreement.
- The letter must be initialed by all signing parties.
Spouse Sponsorship Quebec:
- Additional steps for spousal sponsorship to Quebec due to provincial jurisdiction.
- Requires both federal and provincial approvals.
- Emphasizes the necessity of genuine relationships for spousal sponsorship.
- Entering a relationship solely for immigration benefits is strictly prohibited.
- Misrepresentation can lead to application denial and a five-year ban from Canada.
Preventable Spouse Sponsorship Application Delays:
- Highlights common reasons for delays, including suspicious documentation, missing information, and personal history gaps.
- Advises thoroughness and attention to detail during the application process.
Questions about spousal sponsorship to Canada? Contact their Canadian immigration team today for a free consultation.
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