Embarking on the path to secure Canadian Permanent Residency through Marriage is a profound blend of personal commitment and legal immigration. By marrying a Canadian citizen, you can establish a life in Canada as a permanent resident, harmonizing your love story with a well-defined migration route.
This article offers a comprehensive, step-by-step guide to help you obtain Canadian Permanent Residency through Marriage, equipping you with the knowledge and readiness required for this significant undertaking.
Step 1: Grasp the Legal Aspects of Marriage
To embark on the immigration journey, it’s crucial to have a comprehensive understanding of the legal dimensions of marriage in Canada. It’s essential to ensure that your marriage holds legal validity both in the country where it occurred and within Canada.
For couples planning to marry in Canada, be aware that marriage laws can differ across provinces and territories. Familiarize yourself with the specific regulations governing marriage in your chosen location.
Step 2: Initiate the Sponsorship Application
The quest for Canada PR through marriage commences primarily with the sponsorship application. Your Canadian spouse should initiate a sponsorship application with Immigration, Refugees and Citizenship Canada (IRCC) to support your permanent residency.
A. Eligibility Requirements:
– The sponsoring spouse must be at least 18 years old.
– The sponsor should be a Canadian citizen, an individual registered in Canada under the Canadian Indian Act, or a permanent resident residing in Canada.
– The sponsor must demonstrate that they are not receiving social assistance for reasons other than a disability.
– The sponsor should prove their capacity to meet the basic needs of the person they are sponsoring.
B. Application Package:
– Obtain the comprehensive application package from the official IRCC website.
– Ensure all forms are accurately completed, and all necessary documents are included.
– Fulfill the application fees, which encompass processing, right of permanent residence, and biometrics fees.
Step 3: Inland vs. Outland Application
When pursuing Canada PR through marriage, you can select between an inland or outland application.
A. Inland Application:
– The sponsored foreign national resides in Canada while the application is under processing.
– The applicant may be eligible to apply for an open work permit.
– Processing times might be extended, and the applicant must stay in Canada throughout the procedure.
B. Outland Application:
– The application is processed through the visa office in the applicant’s home country.
– This choice may offer shorter processing times and allow the applicant to travel in and out of Canada during the process.
Step 4: Application Processing and Review
After applying, the IRCC will meticulously review it for completeness. If it meets the requirements, the application will undergo processing, encompassing background checks, information verification, and potentially an interview.
Step 5: Decision and Post-Decision Process
Upon approval, the foreign national will receive the Confirmation of Permanent Residence (COPR) and, if necessary, a permanent resident visa. In the event of application denial, the IRCC will provide reasons, and applicants may explore options for appeal or reapplication.
Step 6: Landing and Establishing as a PR
With the COPR, the foreign national can land in Canada and finalize the process to acquire permanent resident status. It’s vital to adhere to all requirements and maintain updated documents with the IRCC.
Who can sponsor their spouse, conjugal partner, or common-law partner through the spousal sponsorship program?
You can qualify to sponsor your spouse, conjugal partner, or common-law partner if you are a Canadian citizen or permanent resident and meet these criteria:
- You are at least 18 years old.
- You reside in Canada or intend to return to Canada when your spouse or partner becomes a permanent resident of Canada.
- You have the capability and willingness to support your spouse or partner financially for three years.
How long does it take to sponsor your spouse or partner to Canada?
The processing time for sponsoring your spouse or partner to Canada is approximately 12 months from start to finish. While they usually aren’t processed much faster than this, the timeline can vary and may take longer, especially if you have a complex case or if the visa office requests additional evidence of your relationship.
How much does It cost to sponsor your spouse, conjugal partner, or common-law partner to Canada?
The government processing fees for sponsoring your spouse, conjugal partner, or common-law partner in Canada are as follows:
- Sponsorship fee: $75
- Principal applicant processing fee: $490
- Right of permanent residence fee: $515
- Biometrics fee: $85
This adds up to a total of $1165. If your spouse, conjugal partner, or common-law partner has dependent children, you must pay an additional $150 for each child included in the application.
Please note that if the sponsor resides in Quebec or plans to reside in Quebec upon receiving permanent residence, an extra fee of CAD 310 will be required in addition to the abovementioned fees.
Canadian Permanent Residency through Marriage – What is common-law sponsorship?
Common-law sponsorship, in the context of Canadian immigration law, refers to the sponsorship of a partner with whom you share a common-law relationship. In this type of relationship, you and your partner are not legally married, but you have lived together in a marriage-like relationship for more than 12 months. Canadian immigration law recognizes these relationships as equivalent to conventional marriages, allowing you to sponsor your common-law partner for permanent residence in Canada. You must provide evidence of your common-law partnership as part of the sponsorship application.
Conclusion on Canadian Permanent Residency through Marriage
Navigating the path to Canada PR through marriage is a multi-faceted journey that blends personal and legal aspects. It demands careful attention to each step, transparency, and readiness for potential scenarios to ensure a seamless progression along the pathway.
It is important to emphasize that the foundation of successful applications is built on authentic relationships. Authenticity should be maintained throughout the process, from the legal requirements to the personal aspects.
Please remember that for the most precise and up-to-date information, always refer to the official IRCC website or consult with a registered Canadian immigration consultant, as immigration policies are subject to change.
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