The Canadian Spouse Visa plays a crucial role in reuniting couples, as it allows spouses or common-law partners to travel to Canada with Canadian citizens or permanent residents, fostering their reunion.
This blog post serves as a comprehensive guide, examining the requirements and application process for the Canadian Spouse Visa. It aims to provide vital insights that will help couples successfully navigate this immigration route.
What is a Canadian Spouse Visa?
The Canadian Spouse Visa, also known as the Dependent Visa, is a gateway to a new life for couples. It allows spouses or common-law partners of Canadian citizens or permanent residents to accompany them to Canada, enabling them to live together and establish a life in this beautiful country.
Who is Considered a Spouse or Dependent?
In the Canadian Spouse Visa context, a spouse is defined as a lawfully married partner. This includes both opposite-sex and same-sex marriage.
On the other hand, a common-law partner is someone who has been in a marital relationship with the sponsor for at least a year.
Who Can Be a Sponsor?
Eligible sponsors for the Canadian Spouse Visa include Canadian citizens and permanent residents who are lawfully married to the sponsored person, in a common-law relationship with them, or recognized as the marital partner.
Your Eligibility to Sponsor Your Spouse
Sponsored may be a spouse who is at least eighteen years old, a common-law partner, or a conjugal partner.
You must be a Canadian citizen, permanent resident, or an Indian registered under the Canadian Indian Act. You must be at least 18 years old.
When you sponsor a family member to Canada, you must sign an agreement promising to provide financial support for them.
If you are sponsoring an adopted child, you may also be able to sponsor your dependent child. If you’re visiting Canada briefly and wish to bring your husband, partner, or child, find out if they can join you.
If your spouse or common-law companion resides in Canada, you should apply under the following conditions:
He resides with you in Canada, has a current temporary residence visa, is exempt from this criterion owing to public policy, or is eligible for an open work permit to work while the application is reviewed.
Income Requirements
Sponsorships of a spouse, partner, or dependent child often do not have a low-income cut-off (LICO).
However, if your spouse or partner, whom you are sponsoring, has a dependent child with dependent children of their own, or if the dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO number, which is set by the Canadian government each year.
Your Obligations as a Sponsor
When you agree to be a sponsor, you must sign an agreement promising to provide money for your husband or partner and their dependent children’s basic requirements.
Dental treatment, eye care, and other health requirements not covered by public health services are fundamental needs, such as food, clothes, shelter, and other basics of everyday living.
Before you sign the undertaking agreement, you must ensure that the people you sponsor will not be forced to seek financial aid from the government.
The undertaking is a legally enforceable support guarantee, providing a safety net for you and your sponsored family members. Even if your circumstances change, you can trust that you must continue to provide for the applicant(s) throughout the undertaking. The undertaking will remain in effect for the duration of the undertaking.
Length of The Undertaking
A spousal visa requires a three-year commitment from when your spouse, common-law partner, or conjugal partner becomes a permanent resident.
Types of Canada Spouse Visa
There are two major types of Canadian Spouse Visas:
- Outland Sponsorship: If the sponsored partner lives outside Canada, they can apply for outland sponsorship. A processing office in Canada will receive the application, which will then be transmitted to a visa facility abroad for finalization.
- Inland Sponsorship: If the sponsored partner is temporarily in Canada, they may apply for inland sponsorship. The sponsored individual can stay and work in Canada with an open spousal work visa while the sponsorship application is processed.
Spouse Visa Canada Requirements
To apply for a spouse visa in Canada, you need to meet the following requirements:
- Relationship: You must be legally married to a Canadian citizen or permanent resident or have been in a common-law or conjugal partner relationship for at least a year.
- Sponsorship: Your spouse or partner must agree to sponsor you and offer financial support for your necessities for a set time.
- Age: You must be at least 18 years old.
- Immigration status: You must be admissible to Canada, which means you do not have any criminal convictions or medical issues that would prevent you from entering.
- Language proficiency: Depending on the province where you intend to live, you may be required to demonstrate your ability to speak English or French.
- Financial criteria: To ensure your sponsor can financially assist you, they must meet the Canadian government’s minimum income requirements.
- Medical examination: You and your dependents must get a medical exam to confirm your excellent health.
- Documentation: You must present several documents, including your marriage certificate, proof of identity, and evidence of your relationship with your husband or partner.
Documents Required for Spouse Vis Canada
After determining your eligibility, you can gather the necessary paperwork to apply for a spouse visa in Canada. Below is a list of documents that are commonly required:
- Application Forms: You must complete and sign the required application paperwork, such as the Application to Sponsor, Sponsorship Agreement, and Undertaking.
- Proof of relationship: You must show evidence of your relationship with your spouse, such as a marriage certificate, photographs, joint bank account statements, and joint property ownership paperwork.
- Identity and status documents: You and your spouse must give copies of your passports, birth certificates, and other identification documents.
- Proof of legal status in Canada (if applicable): If your spouse is already in Canada, they must produce evidence of their legal status, such as a copy of their valid visa or work permit.
- Police certificates: Both you and your spouse must present police certificates from each nation or territory where you have lived for six months or more since the age of eighteen.
- Medical examination: Your spouse must have a medical exam performed by an approved panel physician to ensure that they meet the health requirements for immigration to Canada.
- Financial papers, such as job letters, pay stubs, bank statements, and tax returns, will be required to demonstrate your ability to support your spouse financially.
- Sponsorship documents: As the sponsor, you must supply documentation that establishes your eligibility and ability to financially support your spouse, such as job letters, pay stubs, bank statements, and tax returns.
- Additional supplementary documents: Depending on your scenario, extra documents may be necessary, such as divorce or separation papers, custody agreements, or proof of past sponsorships.
How Do I Apply for a Canada Spouse Visa?
The procedures to apply for a spousal visa are as follows:
Step 1. Check Your Eligibility
Step 2. Gather documents
Step 3. Complete the application
Step 4. Pay the fees
Step 5. Verify your application to steer clear of typical errors.
Step 6. Submit the application
Canada Spouse Visa Processing Time
Sponsorship applications are processed over about a year. They typically take a little more than a year to process; however, this varies depending on the facts of your situation.
The processing period will be prolonged if the immigration office needs further proof of your relationship or if your case is difficult.
The best approach is to ensure that your sponsorship application is completed correctly the first time so that it can be processed as soon as possible.
Fees
To submit your application, you must pay any fees, including sponsorship, processing, and right to permanent residence expenses. Contact a professional to ensure you are paying the correct amount.
How to Fill out the Forms
You must complete several of the forms listed below. Each shape has various sections, which must all be filled out as precisely and truthfully as possible.
To ensure that these forms are correctly filled out, contact an RCIC.
Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344)
- Sponsorship Evaluation (IMM 5481)
- Financial Evaluation form (IMM 1283)
- Relationship Information and Sponsorship Evaluation Form (IMM 5532)
Canada Spouse Visa Processing Time
As of 2023, the processing period for a spouse visa to Canada from India is around 13 months. However, processing times might vary and change, so check the most recent information before applying.
Factors influencing processing times include the visa office or processing center, application completeness, application volume, and other pertinent variables.
How to Avoid Common Mistakes.
Visa officers will consider various variables while determining if your relationship is genuine.
They will consider more traditional elements, such as pictures from the wedding that include family members. Others might be more tailored to the social mores of the area.
It is advised that you provide further evidence of the genuineness of your relationship if it is exceptional.
Letters of justification can also be used to explain to an immigration officer why there are cultural differences in the signs of your relationship that a marriage would have.
Review the specific requirements for the country before submitting your application.
Please provide a legitimate marriage certificate or proof of marriage registration with your application.
Kindly affix a copy of your spouse’s birth certificate as well.
You must be able to provide an original document if an IRCC officer decides during the application processing procedure that one is needed.
Finally, ensure that all email addresses on the forms are correct, as inaccuracies will cause delays
The best approach to avoiding making mistakes is to seek the advice of a Regulated Canadian Immigration Consultant (RCIC), who will guarantee you receive accurate information and advise you on the required documents.
Frequently Asked Questions.
Is it easy to obtain a spouse visa in Canada?
The procedure for obtaining a spouse visa in Canada can be complex and involve numerous conditions. To enhance your chances of success, ensure you meet the qualifying requirements and present all required evidence.
Can I accompany my wife to Canada on a spouse visa?
Suppose you fulfill the prerequisites and complete the application process. In that case, you can bring your spouse to Canada on a spouse visa.
Can a spouse work in Canada with a dependent visa?
No, a spouse on a dependent visa in Canada can typically not work. Dependent visas are intended for persons who follow a spouse or partner with a valid work or study permit in Canada.
Is IELTS required to obtain a spouse visa in Canada?
Yes, a spouse visa in Canada typically requires competence in either English or French. The International English Language Testing System (IELTS) is widely recognized as a confirmation of language proficiency.
Do spouses obtain permanent residency in Canada?
Yes, spouses sponsored under the spousal visa program are eligible for permanent residency in Canada. After the sponsorship is accepted, the sponsored spouse may be granted permanent residency status.
Can we bring our spouse to Canada after three months?
The timing for bringing a spouse to Canada is determined by the unique circumstances and type of visa being obtained. Examining the official guidelines and standards to decide the optimal timing for sponsoring your spouse is essential.
Can the Spouse Work in Canada with a Dependent Visa?
Yes, spouses on a dependent visa in Canada, such as the spouse or dependent visa, can typically apply for an open work permit.
Conclusion
Immigrating to Canada can be a complex and intimidating procedure, but following the steps in this article aims to simplify it.
Refrain from letting complexity keep you back. Take the first step today by scheduling a consultation with a certified agent to start your easy and successful Canadian immigration process.
Take your time and do the needful. Best of luck!
