One other name for moving to Canada or the US through marriage is spousal sponsorship. It is a legal process that allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner for permanent residence in Canada. This process involves several steps and requires “complete adherence” to the full legal requirements. Here’s an in-depth guide to the legal process for migrating to Canada through marriage:
1. Eligibility Requirements for the Sponsor
a. Status in Canada
- The sponsor must be a Canadian citizen or permanent resident.
- If the sponsor is a Canadian citizen living abroad, they must demonstrate their intention to reside in Canada once their spouse or partner becomes a permanent resident.
b. Age
- The sponsor must be at least 18 years old.
c. Financial Requirements
- The sponsor must not be receiving social assistance for reasons other than disability.
- The sponsor must demonstrate the ability to provide for the basic needs of their spouse or partner and any dependent children.
2. Eligibility Requirements for the Sponsored Person
a. Relationship Proof
- The sponsored person must be legally married to the sponsor, or in a common-law relationship (living together for at least one year) or marital relationship (significant commitment but unable to cohabit due to circumstances beyond their control).
b. Age
- The sponsored person must be at least 18 years old.
c. Admissibility
- The sponsored person must not be inadmissible to Canada for reasons such as criminality, security, or health issues.
3. Types of Sponsorship Applications
a. Inland Sponsorship
- The sponsored person is already in Canada.
- Allows the sponsored person to apply for an open work permit while the application is being processed.
b. Outland Sponsorship
- The sponsored person is living outside Canada.
- This type of application can be processed through the visa office responsible for the sponsored person’s country of residence or nationality.
4. Application Process
a. Gather Required Documents
- Marriage certificate or proof of common-law/conjugal relationship.
- Proof of sponsor’s Canadian citizenship or permanent residence.
- Proof of relationship (e.g., photos, communication records, joint financial documents).
- Police certificates from countries where the sponsored person has lived for more than six months since the age of 18.
- Medical exam results conducted by a panel physician approved by Immigration, Refugees, and Citizenship Canada (IRCC).
b. Complete Application Forms
- Sponsorship Agreement and Undertaking (IMM 1344)
- Application to Sponsor, Sponsorship Agreement, and Undertaking (IMM 1344)
- Generic Application Form for Canada (IMM 0008)
- Additional Family Information (IMM 5406)
- Schedule A – Background/Declaration (IMM 5669)
- Sponsored Spouse/Partner Questionnaire (IMM 5490)
- Use of a Representative (IMM 5476), if applicable
c. Pay Application Fees
- Pay the required processing fees, which include the sponsorship fee, processing fee, and right of permanent residence fee.
- Fees can be paid online through the IRCC website.
d. Submit the Application
- Compile all completed forms and supporting documents.
- Submit the application package to the appropriate IRCC office. For inland sponsorship, submit it to the Case Processing Centre in Mississauga, Ontario. For outland sponsorship, please submit it to the Centralized Intake Office in Sydney, Nova Scotia.
5. After Submission
a. Acknowledgement of Receipt
- IRCC will send an Acknowledgement of Receipt (AOR) letter once they receive the application.
b. Additional Information Requests
- IRCC may request additional documents or information during the processing of the application. Respond promptly to any such requests to avoid delays.
c. Biometrics
- The sponsored person may be required to provide biometrics (fingerprints and a photo). IRCC will send instructions on how to complete this step.
d. Medical Examination
- The sponsored person must undergo a medical examination by an approved panel physician. The results are sent directly to IRCC.
6. Application Processing
a. Background and Security Checks
- IRCC will conduct background and security checks on the sponsored person to ensure they are admissible to Canada.
b. Interview (if required)
- In some cases, IRCC may require an interview to verify the authenticity of the relationship. Both the sponsor and the sponsored person may be asked to attend the interview.
7. Decision and Next Steps
a. Approval
- If the application is approved, the sponsored person will receive a Confirmation of Permanent Residence (COPR) and, if applicable, a permanent resident visa.
b. Entry to Canada (Outland Sponsorship)
- The sponsored person must present the COPR and visa at a Canadian port of entry. A border services officer will confirm their permanent resident status.
c. Permanent Resident Card
- After arriving in Canada, the sponsored person will receive their permanent resident card by mail. This card is proof of their status in Canada and is required for re-entry if they travel abroad.
8. Post-Arrival Considerations
a. Health Insurance
- Apply for provincial or territorial health insurance as soon as possible. Coverage varies by province and there may be a waiting period.
b. Social Insurance Number (SIN)
- Apply for a Social Insurance Number (SIN) to work in Canada and access government services and benefits.
c. Bank Accounts and Credit
- Open a Canadian bank account and consider applying for a credit card to start building your credit history in Canada.
d. Settlement Services
- Access settlement services offered by various organizations to help with integration into Canadian society, including language classes, employment assistance, and community orientation.
9. Responsibilities of the Sponsor
a. Sponsorship Undertaking
- The sponsor must sign an undertaking to provide financial support for the basic needs of the sponsored person and any dependent children for three years from the date they become permanent residents.
b. Financial Obligations
- The sponsor is legally responsible for reimbursing any social assistance received by the sponsored person during the undertaking period.
c. Commitment to Relationship
- The sponsor must maintain a genuine relationship with the sponsored person. Misrepresentation or relationship breakdown can have serious legal consequences, including revocation of the sponsored person’s permanent resident status.
10. Maintaining Permanent Resident Status
a. Residency Obligation
- The sponsored person must meet residency obligations by being physically present in Canada for at least 730 days within a five-year period.
b. Permanent Resident Card Renewal
- Renew the permanent resident card before it expires to ensure continued proof of status.
c. Path to Citizenship
- After fulfilling residency obligations and meeting other criteria, the sponsored person may be eligible to apply for Canadian citizenship, further solidifying their status in Canada.
Migrating to Canada through the marriage route involves a detailed legal process with multiple steps to ensure eligibility, proper documentation, and compliance with immigration laws. By carefully following these steps and meeting all requirements, couples can successfully navigate the spousal sponsorship process and build a new life together in Canada. The key to a successful application lies in thorough preparation, accurate documentation, and timely responses to any requests from IRCC.