By admin (September 10, 2024)

Requirements for Obtaining Canadian Permanent Residency Through Marriage

Historically, Canada has always been a favored destination for immigrants due to its welcoming culture, high standard of living, and abundant job opportunities available to them. Marriage to a citizen or permanent resident is one route toward PR in Canada. While that sounds quite simple, it encompasses a number of steps with very strict guidelines and specific eligibility criteria.

The following post outlines some of the basic things you need to apply for Canadian permanent residence through marriage, the requirements you need for sponsorship, and the documents you would require to help the application process succeed.

Who Qualifies for Sponsorship?

Canadian immigration laws allow all citizens and permanent residents of Canada to sponsor a spouse, common-law partner, or conjugal partner for permanent residency. It provides certain requirements that the sponsor and applicant must meet. These include the spouse or partner to be sponsored.

Eligibility of the Sponsor:

The sponsor must have attained 18 years of age.
The sponsor must be a citizen of Canada, a permanent resident, or be registered under the Canadian Indian Act.
Canadian citizens resident outside Canada may sponsor a spouse provided they provide evidence of being able to return to Canada after the approval of PR status. The sponsor should have sufficient income and an applicant who has been on social assistance other than in cases of disability can sponsor an application.
The sponsor would not have committed any violent offense, sexual offense, or offense against a family member during five years before the date of the application.

Eligibility of the Sponsored Spouse:

The sponsored spouse must be at least 18 years old.
The marriage must be legally recognized in the country where a marriage was performed and must be valid under Canadian law.
The two spouses would then have to show proof that their relationship is real and not for immigration reasons alone.

Categories of Sponsorship: Inland vs. Outland

There are mainly two streams under which a spouse may be sponsored for permanent residence in Canada: inland sponsorship and outland sponsorship.

Inland Sponsorship: Sponsorship that is applied for when the partner is already in Canada. However, for this class of sponsorship, the sponsored spouse is supposed to be in temporary status in Canada, such as a visitor, student, or worker at the time of processing. Inland sponsorship will provide an opportunity for the spouse to apply for an open work permit while the PR application is in process, meaning they could continue to live and work in Canada while awaiting their PR decision.

Outland Sponsorship: This type of sponsorship occurs when the sponsored spouse resides outside Canada. This is usually considered in a situation where the sponsored person is not able or is not willing to live in Canada during their application processing. The outland applications are processed in various Canadian immigration offices outside Canada and usually take less time compared to inland applications. However, the time factor will depend on the country of residence in which the applicant lives.

Proof of a Genuine Relationship

One of the major things put into consideration when an individual applies for permanent residency through marriage is proof that the relationship is not for immigration purposes but genuine. IRCC closely examines all applications for spousal sponsorship in regard to the legitimacy of the relationship.

To confirm a real relationship, an applicant must prove the following:

A certificate of marriage or civil union.
Common accounts, property, or leased property.
Photographs taken over the couple’s time together, especially with family and friends.
Shared responsibilities proven by any bills, plans for travel, or other communications between the couple, including e-mails, messages, and letters.
Letters or Affidavits from relatives and best friends that the relationship is genuine.
IRCC can also conduct an interview between the couple to ensure the marriage is not misrepresentation.

Sponsorship Undertakings

It is the undertaking of a sponsor, who should be a Canadian citizen or a permanent resident, in order to be a financial supporter for a specified period of time. Therefore, undertaking means that the sponsor shall be responsible for providing basic needs included in this program: food, shelter, and healthcare, which does not come under the provincial health plan. The three continuous years from the date the spouse being sponsored lands as a permanent resident financially place responsibilities on the sponsor.

It is important to note that if the sponsored spouse receives social assistance during this time, the sponsor may be required to repay the government. Separation or marital breakdown does not release the sponsor from their financial responsibilities.

Medical and Security Clearance

Whereas the medical and security clearance is the requisite on the part of both the sponsor and the spouse being sponsored, under such, the spouse being sponsored shall obtain a police clearance certificate from any country in which he or she has resided for more than six months since reaching the age of 18 years. This is quite an important step in ensuring that the applicant does not have a criminal history or involvement in activities that would threaten Canada’s security.

The sponsored spouse also has to undergo a medical exam by a panel-approved physician, showing that he/she does not have any health conditions that would place an excessive burden on the Canadian health system.

Processing Times and Fees

This varies mostly by the country in which the application is made and also the workload of the immigration office, but the normal time frame is 12 to 24 months. The applicant also has an obligation to pay the following fees:

Processing fee levied on the sponsor and the spouse being sponsored
Right of permanent residence fee (RPRF)
Biometrics fee if applicable.

The total with RPRF included to sponsor a spouse, as of 2024, is approximately CAD 1,080.

PR Approval and Next Steps

When spousal sponsorship is approved, permanent resident status accrues to the spouse so sponsored. A spouse will be accorded similar rights and responsibilities as any other permanent resident to live and work anywhere in Canada, access healthcare, or apply for Canadian citizenship upon meeting the required residency.

PM092 continually reside together with the sponsor and the spouse in Canada. Furthermore, the PR status of one could be revoked because of fraud and misrepresentation.

One would be granted permanent resident in Canada if through marriage, one of the partners has the citizenship or PR status. Acquiring such needs proper planning and all requirements should be met with the shortest depth of explanation. So, understanding how to become a sponsor for somebody who has permanent residency through marriage and how to be sponsored as an individual will easily see one through the sponsorship process on to a new life in Canada.