Canada is known for its inclusive and immigrant-friendly policies, making it a popular destination for individuals seeking new opportunities and a better quality of life. One of the pathways to obtaining permanent residency in Canada is through the Marriage Visa Sponsorship program. This program allows Canadian citizens and permanent residents to sponsor their foreign spouses for immigration to Canada. In this comprehensive guide, we will explore the details of the Canada Marriage Visa Sponsorship program in 2024, including eligibility criteria, the application process, and frequently asked questions (FAQs).

Understanding the Canada Marriage Visa Sponsorship Program

The Canada Marriage Visa Sponsorship program is part of the Family Class immigration category. It enables Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners to become permanent residents of Canada. The goal is to reunite families and provide them with the opportunity to live together in Canada.

Eligibility Criteria

Sponsor’s Eligibility

To be eligible to sponsor a spouse, the sponsor must meet the following criteria:

  1. Citizenship or Permanent Residency: The sponsor must be a Canadian citizen or a permanent resident of Canada. Temporary residents, such as those on a work or study permit, cannot sponsor their spouse.
  2. Age: The sponsor must be at least 18 years old.
  3. Financial Requirements: The sponsor must demonstrate the financial ability to support their spouse and meet the necessary income requirements. However, there is no minimum income requirement for sponsoring a spouse, common-law partner, or conjugal partner, except in cases where the sponsored person has dependent children who have their own dependent children.
  4. No Default on Previous Sponsorships: The sponsor should not have defaulted on any previous sponsorship agreements or have an outstanding immigration loan.
  5. No Criminal Record: The sponsor must not have been convicted of certain criminal offenses, especially those involving violence or sexual offenses.
  6. Not Receiving Social Assistance: The sponsor should not be receiving social assistance for reasons other than disability.

Sponsored Person’s Eligibility

The person being sponsored must also meet certain criteria:

  1. Relationship Status: The sponsored person must be the spouse, common-law partner, or conjugal partner of the sponsor. Proof of a genuine and continuing relationship must be provided.
  2. Age: The sponsored person must be at least 18 years old.
  3. Admissibility: The sponsored person must be admissible to Canada. This includes passing medical, criminal, and background checks.

Types of Relationships Recognized

  1. Spouse: Legally married to the sponsor. The marriage must be legally valid in the country where it took place and under Canadian law.
  2. Common-Law Partner: Living together in a conjugal relationship for at least one year. Evidence of cohabitation and joint financial responsibilities is required.
  3. Conjugal Partner: In a conjugal relationship for at least one year but unable to live together or get married due to significant legal or immigration barriers.

Application Process

Step 1: Gather Necessary Documents

Before starting the application process, gather all required documents. This includes:

  1. Proof of Relationship: Marriage certificate, joint financial documents, photos, communication records, and affidavits from friends and family.
  2. Identity Documents: Passports, birth certificates, and national identity cards for both the sponsor and the sponsored person.
  3. Financial Documents: Evidence of the sponsor’s financial situation, such as tax returns, employment letters, and bank statements.
  4. Police Certificates: Police clearance certificates from all countries where the sponsored person has lived for six months or more since the age of 18.
  5. Medical Examination: The sponsored person must undergo a medical examination by an approved panel physician.

Step 2: Complete the Application Forms

The application package includes several forms that must be completed accurately:

  1. IMM 1344: Application to Sponsor, Sponsorship Agreement, and Undertaking.
  2. IMM 5533: Document Checklist.
  3. IMM 0008: Generic Application Form for Canada.
  4. IMM 5406: Additional Family Information.
  5. IMM 5669: Schedule A – Background/Declaration.
  6. IMM 5532: Relationship Information and Sponsorship Evaluation.

Step 3: Pay the Application Fees

Pay the required processing fees, which include:

  1. Sponsorship Fee: $75 CAD.
  2. Principal Applicant Processing Fee: $475 CAD.
  3. Right of Permanent Residence Fee: $500 CAD (can be paid later).
  4. Biometrics Fee: $85 CAD per person.

Step 4: Submit the Application

Once all forms are completed and fees are paid, submit the application package to the appropriate processing center. Ensure all documents are included and forms are signed.

Step 5: Provide Biometrics

The sponsored person will receive a biometric instruction letter (BIL) and must provide fingerprints and a photo at a designated biometric collection point.

Step 6: Medical Examination

The sponsored person must undergo a medical examination by a panel physician approved by Immigration, Refugees, and Citizenship Canada (IRCC).

Step 7: Wait for Processing

The processing time for spousal sponsorship applications can vary, but it typically takes about 12 months. During this time, IRCC may request additional documents or information.

Step 8: Decision and Confirmation of Permanent Residence

If the application is approved, the sponsored person will receive a Confirmation of Permanent Residence (COPR) and, if applicable, a permanent resident visa. They must then travel to Canada and complete the landing process.

How to Apply for Canada Marriage Visa Sponsorship in 2024 for Immigrants

Canada’s Marriage Visa Sponsorship program is a pathway for Canadian citizens and permanent residents to bring their foreign spouses to Canada. The program is designed to reunite families and allow them to live together in Canada. This guide will walk you through the steps and requirements for applying for the Canada Marriage Visa Sponsorship in 2024.

Understanding the Program

The Canada Marriage Visa Sponsorship program falls under the Family Class immigration category. It allows Canadian citizens and permanent residents to sponsor their spouses, common-law partners, or conjugal partners for permanent residency. To ensure the program’s success and avoid potential misuse, both the sponsor and the sponsored person must meet specific eligibility criteria.

Eligibility Criteria

Sponsor’s Eligibility

To sponsor a spouse, the sponsor must:

  1. Be a Canadian Citizen or Permanent Resident: Only Canadian citizens and permanent residents can sponsor their spouse. Temporary residents, such as those on a work or study permit, are not eligible.
  2. Be at Least 18 Years Old: The sponsor must be an adult.
  3. Meet Financial Requirements: While there is no minimum income requirement to sponsor a spouse, the sponsor must not be receiving social assistance for reasons other than disability.
  4. No Default on Previous Sponsorships: The sponsor should not have defaulted on any previous sponsorship agreements or have an outstanding immigration loan.
  5. No Criminal Record: The sponsor must not have been convicted of certain criminal offenses, particularly those involving violence or sexual offenses.

Sponsored Person’s Eligibility

The sponsored person must:

  1. Be the Sponsor’s Spouse, Common-Law Partner, or Conjugal Partner: Proof of a genuine and continuing relationship must be provided.
  2. Be at Least 18 Years Old: The sponsored person must be an adult.
  3. Be Admissible to Canada: The sponsored person must pass medical, criminal, and background checks.

Types of Recognized Relationships

  1. Spouse: Legally married to the sponsor. The marriage must be legally valid in the country where it took place and under Canadian law.
  2. Common-Law Partner: Living together in a conjugal relationship for at least one year. Evidence of cohabitation and joint financial responsibilities is required.
  3. Conjugal Partner: In a conjugal relationship for at least one year but unable to live together or get married due to significant legal or immigration barriers.

Application Process

Step 1: Gather Necessary Documents

Collect all required documents, including:

  1. Proof of Relationship: Marriage certificate, joint financial documents, photos, communication records, and affidavits from friends and family.
  2. Identity Documents: Passports, birth certificates, and national identity cards for both the sponsor and the sponsored person.
  3. Financial Documents: Evidence of the sponsor’s financial situation, such as tax returns, employment letters, and bank statements.
  4. Police Certificates: Police clearance certificates from all countries where the sponsored person has lived for six months or more since the age of 18.
  5. Medical Examination: The sponsored person must undergo a medical examination by an approved panel physician.

Step 2: Complete the Application Forms

The application package includes several forms that must be completed accurately:

  1. IMM 1344: Application to Sponsor, Sponsorship Agreement, and Undertaking.
  2. IMM 5533: Document Checklist.
  3. IMM 0008: Generic Application Form for Canada.
  4. IMM 5406: Additional Family Information.
  5. IMM 5669: Schedule A – Background/Declaration.
  6. IMM 5532: Relationship Information and Sponsorship Evaluation.

Step 3: Pay the Application Fees

Pay the required processing fees, which include:

  1. Sponsorship Fee: $75 CAD.
  2. Principal Applicant Processing Fee: $475 CAD.
  3. Right of Permanent Residence Fee: $500 CAD (can be paid later).
  4. Biometrics Fee: $85 CAD per person.

Step 4: Submit the Application

Once all forms are completed and fees are paid, submit the application package to the appropriate processing center. Ensure all documents are included and forms are signed.

Step 5: Provide Biometrics

The sponsored person will receive a biometric instruction letter (BIL) and must provide fingerprints and a photo at a designated biometric collection point.

Step 6: Medical Examination

The sponsored person must undergo a medical examination by a panel physician approved by Immigration, Refugees, and Citizenship Canada (IRCC).

Step 7: Wait for Processing

The processing time for spousal sponsorship applications can vary, but it typically takes about 12 months. During this time, IRCC may request additional documents or information.

Step 8: Decision and Confirmation of Permanent Residence

If the application is approved, the sponsored person will receive a Confirmation of Permanent Residence (COPR) and, if applicable, a permanent resident visa. They must then travel to Canada and complete the landing process.

Frequently Asked Questions (FAQs)

1. How long does the spousal sponsorship process take?

The processing time for spousal sponsorship applications typically takes around 12 months, but it can vary depending on the complexity of the case and the volume of applications.

2. Can I work in Canada while my sponsorship application is being processed?

Yes, if you are in Canada and have valid status, you can apply for an open work permit while your spousal sponsorship application is being processed.

3. What happens if my sponsorship application is refused?

If your application is refused, you can appeal the decision to the Immigration Appeal Division (IAD) within 30 days of receiving the refusal letter. It is advisable to seek legal advice if you decide to appeal.

4. Do I need to hire an immigration consultant or lawyer?

Hiring an immigration consultant or lawyer is not mandatory, but it can be beneficial, especially if your case is complex. They can provide guidance, ensure your application is complete, and help address any issues that arise during the process.

5. Can I sponsor my same-sex spouse or partner?

Yes, Canada recognizes same-sex marriages and partnerships. You can sponsor your same-sex spouse, common-law partner, or conjugal partner under the same eligibility criteria as opposite-sex couples.

6. What is the Right of Permanent Residence Fee (RPRF)?

The RPRF is a fee of $500 CAD that must be paid before the sponsored person can become a permanent resident. It can be paid at the time of application or later in the process when requested by IRCC.

7. Can I travel outside Canada while my sponsorship application is being processed?

Yes, you can travel outside Canada while your application is being processed, but it is important to ensure that you maintain your legal status in Canada and that you are available to respond to any requests from IRCC.

8. What if my spouse or partner has dependent children?

If your spouse or partner has dependent children, they can be included in the sponsorship application. Additional processing fees and documentation will be required for each dependent child.

9. Can I sponsor my spouse or partner if they are already in Canada?

Yes, you can sponsor your spouse or partner if they are already in Canada as a visitor, student, or worker. This is known as an in-Canada sponsorship application.

10. What documents can I use to prove my relationship?

Proof of relationship can include a marriage certificate, joint bank account statements, lease agreements, utility bills, photos, communication records (emails, chat logs), and affidavits from friends and family.

Bottom Line

The Canada Marriage Visa Sponsorship program is a vital pathway for Canadian citizens and permanent residents to reunite with their spouses and partners. By understanding the eligibility criteria, gathering the necessary documents, and following the application process diligently, you can increase the chances of a successful sponsorship application. This guide provides a comprehensive overview of the program, but it is always advisable to refer to the latest information from Immigration, Refugees, and Citizenship Canada (IRCC) and seek professional advice if needed.