Travel Abroad

Marriage is not just about love and companionship; for many, it is also a gateway to a new life in a new country. Canada offers a range of immigration options for those married to Canadian citizens or permanent residents, making it an attractive destination for couples seeking a fresh start.

In this blog post, we will explore five ways you can secure a Canadian visa through marriage and start your journey toward building a life together in the Great White North.

Spousal Sponsorship

What Is Spousal Sponsorship?

Spousal sponsorship is one of the most common pathways for gaining permanent residency in Canada through marriage. This program enables a Canadian citizen or permanent resident to sponsor their spouse to immigrate to Canada and establish a life together.

Eligibility Criteria

To qualify for this program, the following conditions must be met:

• The sponsor must be at least 18 years old.
• The relationship between the sponsor and the spouse must be genuine and not entered into solely for immigration purposes.
• The sponsor must commit to financially supporting the sponsored spouse for up to three years to prevent dependence on social assistance.

Steps to Apply

1. Complete and Submit Applications: Both a sponsorship application and a permanent residence application must be completed and submitted simultaneously.
2. Provide Relationship Proof: Include supporting documents such as marriage certificates, joint photos, and correspondence to prove the authenticity of the marriage.
3. Pay Application Fees: Ensure all necessary fees are paid to avoid delays in processing.
4. Await Processing: Once submitted, applications will be reviewed by immigration officials.

Processing Time

Typically, spousal sponsorship applications take about 12 months to process. However, processing times can vary based on individual case complexities and backlogs in the immigration system.

This method is a reliable way for couples to reunite and build their lives together in Canada. Ensure all documentation is thorough and accurate to prevent unnecessary delays or complications.

Conjugal Partnership Sponsorship

Conjugal partnership sponsorship is intended for couples who are unable to marry or cohabit due to legal, cultural, or other significant barriers. This method is often used by couples in situations where, for instance, same-sex marriage is illegal in their home country or where immigration policies prevent them from being together.

Eligibility and Proof

To qualify for conjugal sponsorship, the couple must demonstrate:

• A Genuine and Exclusive Relationship: Evidence that the relationship is authentic, long-term, and exclusive.
• Significant Barriers: Proof of the barriers that prevent the couple from marrying or cohabitating. This could include legal restrictions, political conditions, or cultural factors.

Documentation may include affidavits, correspondence, travel records, and legal records to substantiate the relationship and the barriers faced.

Unique Challenges

Applications under this category often undergo more rigorous scrutiny due to the complexity of proving a relationship that cannot be formalized through traditional means. This makes detailed, comprehensive documentation essential. Applicants should be prepared to provide clear evidence that the relationship is genuine and that the barriers preventing marriage or cohabitation are insurmountable.

The conjugal partnership sponsorship is an important option for couples facing unique challenges in their relationship, but applicants must navigate it with care to ensure a successful outcome.

Outland Sponsorship

Outland sponsorship is a pathway for spouses who are living outside of Canada but wish to be sponsored for permanent residency. This option is ideal for couples who may not be living together in Canada during the application process and wish to continue residing in their home country. Outland sponsorship allows the Canadian citizen or permanent resident to sponsor their spouse while they remain abroad.

Flexibility

One of the key advantages of outland sponsorship is its flexibility. Unlike inland sponsorship, outland applicants can travel to and from Canada while their application is being processed. This flexibility is helpful for couples who may want to visit each other during the waiting period, without affecting their application.

Processing Timelines

Outland sponsorship typically takes up to 12 months to process. However, the exact timeline may vary based on the applicant’s country of residence and the specific circumstances of the case. Some countries may experience longer processing times due to additional verification or document requirements.

Outland sponsorship provides an effective option for couples who are living apart but want to begin the immigration process while staying in their home country.

Common Requirements Across All Methods

Regardless of the sponsorship method you choose, all applicants must meet certain common requirements to successfully apply for a Canadian visa through marriage. These include:

Proof of a Genuine Relationship

Documentation Needed:

Whether you’re applying through spousal, common-law, conjugal, or outland sponsorship, you will need to provide evidence that your relationship is genuine. This can include:

• Photos: Pictures from various stages of your relationship, such as family gatherings, vacations, or events together.
• Joint Financial Documents: Shared bank accounts, bills, rental agreements, or insurance policies.
• Communication Records: Text messages, call logs, letters, and emails that demonstrate ongoing communication, especially if you’ve spent time apart.

Meeting Canada’s Admissibility Requirements

• Medical Examination: Applicants will need to undergo a medical exam to confirm they meet health standards. This includes checking for any communicable diseases that could pose a risk to public health.
• Security and Criminal Checks: Applicants must submit police certificates from their home country or countries where they have lived for six months or more since the age of 18. This ensures the applicant is not a security threat or criminal.

Payment of Application Fees

• Fee Structure: Application fees vary depending on the sponsorship method chosen. These fees include processing costs for the sponsor and the applicant, as well as the right of permanent residence fee. It’s crucial to pay all fees upfront to avoid delays in processing your application.

Challenges and Tips

While applying for a Canadian visa through marriage can be a straightforward process, there are several challenges that applicants may face. Below are some common issues and tips on how to overcome them:

1. Avoiding Fraudulent Marriage Claims

Canada takes marriage fraud seriously. If the Canadian immigration authorities suspect that a marriage is not genuine and was entered into solely for immigration purposes, the application may be denied, and both the sponsor and the applicant could face legal consequences.

Tip:

• Ensure Your Relationship is Genuine: Be prepared to provide thorough documentation, including photos, messages, and shared financial documents, to prove the authenticity of your relationship.
• Honesty Is Key: Never attempt to falsify documents or misrepresent the nature of your relationship. Immigration officers are trained to detect fraudulent applications, and such behavior could result in permanent bans from entering Canada.

2. Delays in Processing

The Canadian immigration system can sometimes experience delays due to a variety of factors such as application backlogs, incomplete documentation, or the complexity of certain cases. Delays in processing can be frustrating, especially when couples are eager to be reunited.

Tip:

• Be Proactive and Complete: Submit a fully completed application with all required documentation to prevent delays. Ensure you meet all the eligibility criteria and provide any supporting documents requested by immigration officials.
• Check for Updates: Stay up-to-date on the status of your application and respond to any requests for additional information as soon as possible. Regularly check the status through the official Canadian immigration website.

3. Legal Support

The sponsorship process can be complicated, especially if you’re unfamiliar with immigration laws or have unique circumstances. Mistakes in the application process could lead to delays or rejections.

Tip:

• Consult an Immigration Lawyer or Consultant: If your case involves special circumstances, such as a conjugal partnership or a complex background, consider seeking professional help. An immigration lawyer or consultant can guide you through the process, help you understand the requirements, and ensure that all paperwork is correctly filed.