Canada is one of the world’s most popular destinations for immigrants, and many couples from different countries dream of starting their lives together in this beautiful and welcoming country. For couples in international relationships, the Canada marriage visa — formally known as the Spousal Sponsorship visa — can help bring partners to Canada. This visa is designed for foreign spouses of Canadian citizens or permanent residents and allows them to live, work, and eventually apply for Canadian permanent residence.
If you are considering a move to Canada with your spouse, it’s important to understand the process and different pathways available to secure a Canada marriage visa. In this article, we’ll explore 5 ways to get a marriage visa for Canada, offering insight into the eligibility criteria, application process, and important considerations.
1. Spousal Sponsorship (Outside of Canada)
One of the most common ways for international couples to bring their spouse to Canada is through the Spousal Sponsorship program. If you are a Canadian citizen or permanent resident, you can sponsor your foreign spouse to become a permanent resident of Canada. Here’s how this process works:
Eligibility Criteria for Spousal Sponsorship (Outside Canada)
To be eligible for the Spousal Sponsorship program, you and your spouse must meet the following requirements:
- Canadian Sponsor: The Canadian citizen or permanent resident must be at least 18 years old, not in prison, not bankrupt, and not under a removal order from Canada.
- Foreign Spouse: The foreign spouse must be legally married to the Canadian sponsor and must meet medical, criminal, and security standards.
- Genuine Relationship: Immigration authorities need to be convinced that the relationship is genuine and not just for immigration purposes. Be prepared to submit evidence of your relationship, such as photos, correspondence, or joint bank accounts.
Application Process
- Submit the Application: The Canadian citizen or permanent resident must submit the sponsorship application to Immigration, Refugees, and Citizenship Canada (IRCC). The application package will require a detailed application form, payment of fees, and supporting documentation for both the sponsor and the applicant.
- Medical and Criminal Background Checks: Both the sponsor and the foreign spouse must undergo medical examinations and submit police certificates from all countries they have lived in for more than 6 months since the age of 18.
- Wait for Decision: The processing time for a spousal sponsorship application can vary but typically takes between 12 to 24 months. During this period, the couple may need to provide additional documentation.
- Approval and Arrival in Canada: If the application is approved, the foreign spouse will receive permanent resident status upon entering Canada.
This pathway allows the foreign spouse to become a permanent resident of Canada directly through the sponsorship program, and they can live and work in Canada once their application is approved.
2. Inland Spousal Sponsorship
Another route for obtaining a Canada marriage visa is through Inland Spousal Sponsorship. This process allows foreign spouses to apply for permanent residency while living together with their Canadian spouse in Canada.
Eligibility for Inland Sponsorship
To apply for inland sponsorship, you must meet the following conditions:
- Canadian Sponsor: The sponsor must be a Canadian citizen or permanent resident, at least 18 years old, and living in Canada.
- Foreign Spouse: The foreign spouse must already be residing in Canada, either as a visitor, student, or worker. They must also have legal status in Canada (i.e., not be in Canada illegally).
- Living Together: The couple must be living together in Canada during the entire sponsorship process.
Benefits of Inland Sponsorship
- Work Permit: While the application is being processed, the foreign spouse can apply for an open work permit, allowing them to work in Canada.
- Faster Processing (Sometimes): Although processing times are similar to the outside-of-Canada sponsorship route, inland sponsorship applications can sometimes be processed faster.
- Path to Permanent Residency: Upon approval, the foreign spouse receives permanent residency status in Canada.
Application Process
- Submit the Application: Similar to the outside-of-Canada process, the sponsor submits the sponsorship application to IRCC. This will include all necessary forms, documents, and evidence of the relationship.
- Health and Police Checks: Both the sponsor and the spouse must undergo medical examinations and provide police certificates.
- Open Work Permit: After submitting the application, the foreign spouse can apply for an open work permit.
- Decision: The decision process is similar to the outside-of-Canada application. If successful, the foreign spouse will receive permanent residency.
Inland sponsorship can be a good option for couples who are already living together in Canada and want to be together while waiting for the sponsorship application to process.
3. Spousal Sponsorship with an Open Work Permit
If you’re applying through the Inland Spousal Sponsorship route, one of the key advantages is that your spouse can apply for an open work permit while the application is being processed. This allows your spouse to live and work in Canada legally even before their permanent residency is approved.
How to Get an Open Work Permit with Inland Sponsorship
- Apply for Sponsorship and Work Permit: When you apply for Inland Sponsorship, you can also apply for an open work permit. The work permit allows your spouse to work for any employer in Canada while the sponsorship application is being processed.
- Processing Times: The processing time for an open work permit is usually faster than the permanent residency application, so your spouse can start working in Canada while waiting for approval.
- Work and Live Together: The open work permit gives your spouse the freedom to work and contribute to household income while waiting for their permanent resident status.
This process provides peace of mind to couples who are already together in Canada and want to maintain financial independence while their visa application is processed.
4. Spousal Sponsorship After a Proxy Marriage
Sometimes couples may be separated by distance due to work or other reasons but still wish to marry and live together in Canada. In such cases, a proxy marriage — where one or both parties are not physically present at the marriage ceremony — may be permissible.
What Is a Proxy Marriage?
A proxy marriage occurs when one or both spouses are absent from the marriage ceremony. Typically, one party is represented by a proxy or representative during the ceremony. While proxy marriages are not always recognized for immigration purposes, they can be accepted in certain circumstances, depending on the country where the marriage took place and the specific policies of Canadian immigration.
Applying for a Spousal Sponsorship After a Proxy Marriage
- Proof of Relationship: If you were married through a proxy, you’ll need to provide detailed evidence of the genuineness of your relationship, including communication records, travel histories, photos, and testimonies from friends and family.
- Document Validation: Immigration officers will carefully review the proxy marriage documents to ensure that the marriage complies with Canadian legal requirements. Some countries do not recognize proxy marriages, so it’s important to check the specific rules for your situation.
- Submit Sponsorship Application: After validating the marriage, you can apply for spousal sponsorship, either through the inland or outside-of-Canada routes, depending on your circumstances.
Although proxy marriages can be more complicated, they are still a potential avenue for couples seeking to reunite in Canada.
5. Spousal Sponsorship for Common-Law Partners
Not all couples are legally married, but Canada recognizes common-law relationships in its immigration system. If you have been living together in a common-law partnership for at least one year, you can apply for spousal sponsorship under the Common-Law Partner category.
Eligibility for Common-Law Sponsorship
To apply under this category, you must prove that:
- You have lived together continuously for at least 12 months.
- Your relationship is genuine and committed.
Application Process
- Gather Documentation: Similar to the spousal sponsorship route, you’ll need to provide evidence of your relationship, such as joint bank statements, lease agreements, or bills in both names.
- Submit the Application: The application process is the same as spousal sponsorship for married couples, and you must submit all required forms and documents to IRCC.
- Decision: If your application is successful, your common-law partner will receive permanent resident status.
This option is ideal for couples who have been in a committed relationship but have chosen not to marry legally.
Conclusion
Getting a Canada marriage visa is a life-changing step for many couples looking to start their lives together in Canada. Whether you are married, in a common-law relationship, or have entered into a proxy marriage, there are multiple pathways for securing permanent residency for your spouse. The key is understanding the requirements for each process and ensuring that you provide the correct documents and information to support your application.
Whether you choose inland sponsorship, outside-of-Canada sponsorship, or the common-law partner route, the right approach will depend on your unique circumstances. It’s always a good idea to consult with an immigration lawyer or consultant to guide you through the process and ensure that everything is in order.
By following the correct steps, you and your spouse can take the first steps toward a brighter future in Canada, where you can live, work, and build your life together.