Travel to Canada with a Spouse Visa (Marry a Canada Citizen)

Canada has long been a top destination for immigrants due to its high quality of life, diverse culture, and thriving economy. For couples, the country offers a specific visa pathway known as the Spouse Visa or Spousal Sponsorship, which allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residency.

This visa is designed to keep families together, and once approved, it grants the spouse the right to live, work, and study in Canada.

If you’re considering traveling to Canada with a spouse visa, this detailed guide will walk you through the process, eligibility requirements, application procedures, and what to expect once you arrive.

What is a Spouse Visa?

The Spouse Visa, also known as Spousal Sponsorship, is a part of Canada’s Family Class Immigration program. It allows Canadian citizens and permanent residents to sponsor their spouse, common-law partner, or conjugal partner to come to Canada as a permanent resident.

The goal of this program is to reunite families by allowing foreign spouses or partners to immigrate to Canada and live with their Canadian partner. Spousal sponsorship is a well-regulated program, and while it may take time to process the application, it is one of the most straightforward ways to obtain permanent residency in Canada.

Eligibility Requirements for Spousal Sponsorship

Both the sponsor (the Canadian citizen or permanent resident) and the applicant (the foreign spouse) must meet specific eligibility criteria for the spouse visa to be approved.

1. Eligibility for the Sponsor:
   • Age: The sponsor must be at least 18 years old.
   • Status: The sponsor must be a Canadian citizen or permanent resident. If they are a Canadian citizen living abroad, they must demonstrate that they will live in Canada with their spouse once the visa is approved.
   • Financial Capacity: The sponsor must show they can financially support their spouse for a period of three years after their arrival in Canada. While no specific income threshold is set for sponsoring a spouse, sponsors cannot be receiving social assistance for reasons other than disability.
   • No Prior Sponsorship Defaults: If the sponsor has sponsored another spouse or partner within the last five years, they may not be eligible to sponsor again. They also cannot sponsor a spouse if they have previously defaulted on any immigration sponsorship agreements.
2. Eligibility for the Sponsored Person (the spouse):
   • Age: The applicant must be at least 18 years old.
   • Genuine Relationship: The relationship between the sponsor and the applicant must be genuine. Immigration officials will assess whether the relationship is genuine and not entered into solely for immigration purposes.
   • Health and Security: The applicant must pass medical, criminal, and security background checks. Applicants with serious medical conditions or a criminal history may be inadmissible to Canada.
3. Types of Relationships Recognized:
   • Spouse: You are legally married to your sponsor under the law of the country where the marriage took place and under Canadian law.
   • Common-law Partner: You have lived with your partner in a conjugal relationship for at least 12 consecutive months.
   • Conjugal Partner: You have been in a conjugal relationship for at least one year but are unable to live together due to reasons beyond your control (e.g., legal or immigration barriers).

Types of Spousal Sponsorship

1. Outland Sponsorship: This is the most common form of spousal sponsorship, where the applicant lives outside of Canada while the application is being processed. This option allows the sponsored spouse to travel in and out of Canada during the application process, but they must follow the visa requirements of their country of residence. The processing time for outland sponsorship typically ranges between 12 to 18 months.
2. Inland Sponsorship: This option is for couples where the foreign spouse is already living in Canada, often on a temporary visa (such as a visitor, student, or work visa). Inland sponsorship allows the applicant to apply for permanent residency while remaining in Canada. During the process, they may also be eligible for an open work permit, allowing them to work while waiting for their application to be approved.

Steps to Apply for a Spouse Visa

The spousal sponsorship process involves multiple steps, including submitting detailed documentation and undergoing background checks. Here’s a breakdown of the process:

1. Prepare Your Application Package:
   • Download and complete the spousal sponsorship application forms from the official Immigration, Refugees, and Citizenship Canada (IRCC) website.
   • Gather supporting documents that prove your relationship is genuine. This can include marriage certificates, photos of your relationship, proof of joint assets, communication records, and any other evidence that shows you’ve been in a committed, loving relationship.
   • Provide identity documents such as passports, birth certificates, and national ID cards.
   • Include police certificates to show that the sponsored spouse has no criminal record.
   • Submit medical examination results, which are typically required as part of the process.
2. Submit the Application:
   • Once you’ve completed the application forms and gathered the necessary documents, you need to mail your application package to the appropriate IRCC office.
   • Pay the application fee, which is around CAD 1,050 for spousal sponsorship (including processing fees and the right of permanent residence fee). Additional costs may apply for medical exams and police certificates.
3. Application Processing:
   • IRCC will review your application to ensure it is complete and may request additional documents or clarification if needed. They will also assess the genuineness of your relationship.
   • Both the sponsor and the sponsored spouse may be asked to attend an interview with an immigration officer.
   • The processing time varies, but it typically takes between 12 to 18 months for outland applications. Inland applications may take longer but allow the spouse to stay in Canada during processing.
4. Decision and Visa Issuance:
   • If the application is approved, the foreign spouse will be granted permanent residency and issued a Confirmation of Permanent Residence (COPR) document. This document must be presented when entering Canada as a new permanent resident.
   • The foreign spouse can then travel to Canada and start their new life as a permanent resident, with all the rights and responsibilities that come with it.

What Happens After You Arrive in Canada?

Once the foreign spouse receives their permanent residency status, they have many of the same rights as Canadian citizens, such as:

• Right to Work: Permanent residents are free to work in any job and for any employer in Canada.
• Right to Study: Permanent residents have the right to study in Canadian educational institutions and may be eligible for domestic tuition rates.
• Access to Social Benefits: Permanent residents can access many social benefits, including health care under provincial or territorial health insurance plans.
• Pathway to Citizenship: After three years of residency, permanent residents may apply for Canadian citizenship if they meet the residency and other eligibility requirements.

Common Challenges and How to Overcome Them

While the spousal sponsorship process is straightforward, some common challenges may arise:

1. Proving the Genuineness of the Relationship: Immigration officers are thorough in evaluating the authenticity of relationships. To avoid suspicion, ensure that your documentation is comprehensive. Include various forms of evidence—photos, chat logs, letters, and testimonies from friends and family.
2. Long Processing Times: The sponsorship process can take over a year. To alleviate the stress of waiting, ensure you have submitted all required documents and avoid making any errors that could delay processing. You can also check your application status online.
3. Financial Sponsorship: If the sponsor’s financial situation is weak, they might face scrutiny from immigration officials. Having proof of income, a job offer, or additional financial support can help address this concern.

Conclusion

Traveling to Canada with a spouse visa offers a reliable and family-friendly way for couples to reunite and build a future together in one of the world’s most welcoming countries. While the process requires careful planning, documentation, and patience, the opportunity to settle in Canada as a permanent resident makes the effort worthwhile. By following the steps outlined in this guide, you’ll have a clear understanding of how to navigate the spousal sponsorship process successfully, allowing you and your partner to embark on a new chapter in Canada.