How to apply for Canada Spouse Visa?
Canada Spouse Visa
The immigration, Refugee and Citizenship Canada’s one of the preliminary objectives is to reunite their citizens and permanent residents’ families with them
The Canadian citizens and permanent residents can bring their spouse or common-law partner or conjugal partner living outside Canada, to live with them permanently in Canada under the Family Class applications. The IRCC acts as a strong pillar of support for this category of applications and encourages further applications. To keep this up the immigration, Refugee and Citizenship, Canada provides faster processing of the Family Class applications.
The spouse or Common-law partner in a temporary resident status currently living with you in Canada can also be sponsored for permanent residence in Canada Class.
To qualify for a Canada Spouse Visa, Immigration, Refugees and Citizenship Canada (IRCC) must approve the sponsor (the Canadian citizen or permanent resident) and the sponsored person (foreign legal partner).
Who qualifies as a “legal partner” Canada Spouse Visa?
- Married person
- The individual under a legal civil marriage can be sponsored as Spouse.
- In case of opposite or same-gender marriages, the persons will be considered as “legally married”, if the ceremony was legally performed in Canada or it took place outside Canada, the wedding shall be recognized in the country where it was conducted and in Canada.
- No proxy, telephone, fax, internet and other forms of wedding where either one or both persons weren’t present for the ceremony is not considered as having a legal validity.
- Common-law Partner
The sponsor’s common-law partner of either the same or different gender where both have been living for minimum of 12 consecutive months in a relationship like marriage shall be considered eligible.
- Conjugal Partner
A person is considered as a conjugal partner if the person is who is living outside Canada and is in a conjugal relationship with the sponsor for at least one year. Also, the person could not live with the sponsor due to situations beyond their control like religious reasons, sexual orientation, immigration barrier etc.
As such a conjugal partner can be sponsored:
- If the sponsor and the partner can prove a significant interdependent degree of attachment between each other;
- Are in a bona-fide relationship for a minimum 12 months without the possibility of a marriage or cohabitation due to circumstances which are beyond their control including religious reasons, sexual orientation, immigration barrier etc.
Eligibility Criteria for Sponsorship of a Spouse or Partner
In order to bring your spouse or partner to live permanently in Canada, the sponsor shall meet the eligibility conditions set forward by the Immigration Refugee and Citizenship Canada. The sponsor shall be
- a Canadian citizen, registered in Canada as an Indian under the Canada Indian Act;
- a Canadian permanent resident,
- The sponsor shall be of 18 years old and
- living in Canada;
- For Canadian citizen living outside Canada, your intention to reside in Canada on the approval of the sponsorship shall be demonstrated;
- However, in case of permanent residents living outside Canada are ineligible to sponsor the spouse or legal partner.
Obligations of a Sponsor
A Canada Spouse Visa sponsor shall be a Canadian Citizen or a Canadian Permanent resident in order to be eligible to bring your spouse or common-law partner or conjugal partner.
The person who is sponsoring is required to undertake the below requirements of sponsorship:
- Financial support to fulfil the spouse or partner’s basic needs;
- The basic needs include the food, clothing, shelter and daily essentials for everyday living,
- Health requirements that aren’t covered by public health services including dental care, eye care etc.
- No financial assistance will be taken from the Canadian social system;
- The basic needs undertaking for the basic needs shall be covered for the sponsor, the sponsored person, the dependent children of the sponsor or sponsored person or together.
The sponsorship undertaking for a Canada Spouse Visa is an agreement of responsibility undertaken by the sponsor by offering financial support to the spouse or legal partner for the entire duration (life -long) of their stay with them, even if the living or survival scenario changes. The undertaking will remain in effect, even in the below scenarios:
- The event of the sponsored person becomes a Canadian citizen
- Living status change like—divorced, separated or annulled;
- Interprovincial relocation of the sponsored person or the sponsor;
- Instability in Financial situations.
Canada Spouse Visa undertaking validity tenure for a spouse, common-law partner or conjugal partner is around 3 years from the day your spouse, common-law partner or conjugal partner becomes a permanent resident.
Outside Canada Sponsorship
When the qualified sponsored partner lives outside Canada, or lives in Canada and however will be returning to their home country or other country of residence prior to the submission of the overseas spousal/common-law/conjugal partnership. The decision on the outside Canada application is made in the Canada visa office present in the applicant’s resident country (minimum stay of 1 year) or country of origin.
In case of the sponsored partner with a temporary resident visa and are co-habiting with the sponsor together in Canada, can process their sponsorship application through the in Canada spousal/common-law/conjugal partnership method. has temporary status in Canada, In the In Canada sponsorship application, the applicant will be eligible for non-employer specific work authorization for a minimum of 2-year period depending on case scenario. This will provide the sponsored person to legally live and work in Canada during the entire duration of the application processing.
The processing time of the Canada Spousal Visa is around 12 months. In most cases a spousal visa is granted for a period until the sponsored person’s (and any family members) medical results or passport validity.
The spousal visa issued cannot be extended, and the applicants are required to use the Canada spousal visa inside the visa validity period. If the validity is expired, a fresh application shall be submitted.
Biometrics is an essential criterion for the application, once the Biometric Instruction Letter is received, the applicant shall appear in person to get the biometrics done. The application will be processed only once Immigration, Refugee and Citizenship Canada receives the applicant’s biometrics. Fresh biometrics will be needed even if you gave biometrics earlier for a temporary residence application, or a different permanent resident application.
Next Step After Application Submission
Once the Canada spouse Visa application are received, the Immigration, Refugee and Citizenship Canada will assess the completeness of the application package. Incomplete applications will be returned without processing. For complete applications the applicant will be notified on the application acceptance. The review decision will be also notified within the 12 months processing period.
Even if your sponsor is a Canadian citizen, in case of the sponsored person acquiring a Canada Spouse Visa does not mean that you are a Canadian citizen. In Canada citizenship by marriage does not exist. Being a Canadian permanent residence, will allow to apply for Canadian citizenship and the citizenship test shall be passed in order to become one.
If your aim is to reunite with your spouse or partner, you are in the right path of getting reunited with them. Reach Pelican Migration Consultants for expert help and assistance for your Canada Spousa Visa. Pelican Migration Consultant’s accurate and complete application will aid in getting your application processed faster and quicker, making a faster reunification possible.